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Full text of "Inventory of the county archives of Illinois"

LI B R.AR.Y 

OF THE 
U N 1 VER51TY 
or ILLINOIS 

K^5a.OT73 

CCp. ^ 






HYENTORY 

OF THE COUHTY ABCHIYES 
OF ILLIHOIS 




HO • es \ 

HQNTGOHERY COUHTY 
(BiLissono) 




MONTGOMERY COUNTY COURT HOUSE, HILLSBORO, ILLINOIS 



INVENTORY OF THE COUNTY ARCHIVES 
OF ILLINOIS 



Prepared By 

The Illinois Historical Records Survey Project 
Division of Professional and Service Projects 
Work Projects Administration 



fHf UBRARY OF THE 



< 

tmWfR«^«Ty OF ILLINOIS J^Q gg 

MONTGOMERY COUNTY (HILLSBORO) 

- 

The Illinois Historical Records Survey Project 
October 1939 



Chicago, Illinois 



/7(P. 6 ■' 



^,tl 



t^ ■< ^■ 



THE HISTORICAL RECORDS SURVEY PROGRAM 

Luther H. Evans, Director 

Royal S. Van de Woestyne, State Supervisor 



DIVISION OF PROFESSIONAL AND SERVICE PROJECTS 

Florence Kerr, Assistant Commissioner 

Alma B. Kerr, Chief Regional Supervisor 

Mary Grillette Moon, State Director 



V 



WORK PROJECTS ADMINISTRATION 

F. C. Harrington, Commissioner 

George Field, Regional Director 

Charles E. Miner, State Administrator 



1 



&o 



FOREWORD 

The Inventory of the County Archives of Illinois is one of a num- 
ber of bibliographies of historical material prepared throughout the 
United States by workers on The Historical Records Survey Program 
of the Work Projects Administration. The publication herewith pre- 
sented, an inventory of the archives of Montgomery County, is number 
68 of the Illinois series. 

The Historical Records Survey Program was undertaken in the 
wmter of 1935-36 for the purpose of providing useful employment to 
needy unemployed historians, lawyers, teachers, and research and 
clerical workers. In carrying out this objective, the project was or- 
ganized to compile inventories of historical materials, particularly the 
unpubhshed government documents and records which are basic in the 
aammistration of local government, and which provide invaluable data 
i?fi/^ .2^ political, economic, and social history. The archival 

guide herewith presented is intended to meet the requirements of day- 
to-day administration by the officials of the county, and also the needs 
n nWi^^ri"^' ^"S"^ess men. and other citizens who require facts from the 
^n^lVcrllll ?''-^^^ P'°P^' ^°"^"^* °f *^eir a^airs. The volume is 
nrinSJ^^ \'^ f^" ^^ "'^^ ^y ^^^ historian in his research in un- 

printed sources '^""^ "^^^ ^^ "'^' ^^^ ^''''^^^ "^^'^ ^^^"^^^^ ^°^ 

ernJ^.Hi'^''^f^.°"f produced by The Historical Records Survey Pro- 
temnt f,!rt^oi f S f'u'^ ^^^"^ ^^^^ "^^^^^^ ^ ^'''^ of records-they at.- 
ot^P^ ,fn[f nf ^° '^'^'^ '^ ^^^ historical background of the county or 
or^' liza on /n°7f'rK"^' ^"Ai° ^''''''^' P^^^^^^^^ ^^d in detail the 
?hPv iS .?;. functions of the government agencies whose records 
countrv win !,hr"^^' ^ri^^^d other local inventories for the entire 
country will, when completed, constitute an encyclopedia of local gov- 
ernment as well as a bibliolography of local archives. 

The succe.ssful conclusion of the work of The Historical Records 
Survey Program, even in a single county, would not be possible without 
tne support of public officials, historical and legal specialists, and many 
o.ner groups in the community. Their cooperation is gratefully ac- 
knowledged. '' 

The Survey Program was organized and has been directed by 
Luther H. Evans, and operates as a nation-wide series of locally spon- 
sored projects in the Division of Professional and Service Projects, of 
which Florence Kerr, Assistant Commissioner, is in charge. 

F. C. HARRINGTON 
Commissioner 



— 111^ 



ya 



PREFACE 



The Historical Records Survey Program was initiated as a nation- 
wide undertaking in January, 1936, as part of tiie Federal Writers' 
Project of the Works Progress Administration, now the Work Projects 
Administration. In Illinois the Survey became an independent unit in 
August, 1936, but continued to operate as a part of the nation-wide 
project under the technical supervision of Dr. Luther H. Evans, 
National Director, and under the administrative supervision of the 
Division of Professional and Service Projects. Alston G. Field and 
Howard E. Colgan were the first two state directors, the former serv- 
ing until November 1, 1937, and the latter to May 16, 1939. On Septem- 
ber 1, 1939, the Illinois State Library, of which Secretary of State 
Edward J. Hughes is State Librarian and Helene H. Rogers, Superin- 
tendent of State Library Divisions, assumed the sponsorship of The 
Illinois Historical Records Survey Project. 

In compiling this inventory of the archives of Montgomery County, 
the Survey has sought to locate, describe, and classify all extant counry 
records and to make them more easily accessible to county officials, 
the general public, and research workers. It is believed that this 
Inventory will be useful in the preservation of this valuable material, 
and as a giuide to the archives wherein may be found so much import- 
ant information in the field of history, sociology, political science, and 
economics. While some historians have realized this for many years, 
the general public has never been made aware of the intrinsic worth 
of this material. In the official documents of Montgomery County are 
found the materials of another chapter in the story of the coming into 
the Illinois wilderness of settlers who created a territory and the rudi- 
ments of a simple frontier government, bought and sold land, built 
roads, established schools, and later founded a state. 

The Illinois Historical Records Survey Project has proved to be of 
considerable assistance to local and county governments. Records 
have been rearranged and made more accessible, material believed to 
be lost has been located, indexing projects have been fostered, and 
county officials have been encouraged and induced to provide new 
equipment for their offices and better storage space for the records. 

In addition, the program of the Project has been planned to dove- 
tail with the long-range plans of the State of Illinois for the care of 
state and local archives. For example, the first step, the removal of 
all state records to a new Archives Building, has been materially aided 
by the preparation of preliminary inventories by survey workers for 
the various state departments. Furthermore, the program of the 
State for the preservation of county records, including the making of 
microphotographic copies of all important historical documents, ob- 
viously presupposes inventories such as The Illinois Historical Records 
Survey Project is now making. 

The inventories being compiled by The Historical Records Survey 
Program also make possible for the first time a scientific study of 
the question of record destruction. Under Illinois law no records may 
be destroyed without specific enabling legislation. This provision, 
together with the tremendous increase in the quantity of records in 

— v — 



Preface 

recent years, has made it impossible for either the state or the counties 
to take care of the documents adequately. Hence, a certain amount 
of record destruction has been inevitable. If, as seems probable, a 
study of these inventories should lead to the enactment of adequate 
and sensible legislation governing the disposition of public records, 
these compilations may prove to be the most important contribution 
of the Survey. 

Preliminary work on the survey of records in Montgomery County, 
the sixty-eighth county on the alphabetically arranged list of the one 
hundred and two counties in Illinois, was begun under the supervision 
of Kenneth C. Blood on September 22, 1936, and finished as far as 
possible November 15, 1936. Inventory forms were received February 
18, 1937, and May 25, 1937; and on June 11, 1937, a tentative draft in- 
ventory was submitted to the national director, which draft was re- 
turned for revision October 13, 1937, Check on three offices was made 
February 3 and 7, 1938, and on December 1, 1938, all inventory forms 
were returned to the field supervisor for recheck; these were returned 
August 7, 1939. Included in the field work was the transcribing of 
county board records. Field workers at the beginning of the inventory 
were David D. Boyd, Ruth Purkey, Silas Bullard, and Velma Bouillon; 
later workers were Paul E. Rhodes, Byron E. McCall, Sidney M. Cool, 
Leonard J. Sronce, and Paul E. Doty. 

The Inventory was prepared for publication by the state editorial 
staff of The Illinois Historical Records Survey Project at Chicago, 
under the supervision of Herbert R. Rifkind. Preparation of part B 
of the Inventory was under the direction of Martine O'Connor; Irving 
E. Barnett supervised the preparation of the legal essays; the historical 
sketch was written under the supervision of Kathleen Summitt; and 
the format was prepared and collated by Edward J. McDonough. In 
addition, too much credit cannot be given to the other members of the 
editorial, research, and typing staffs for their intelligent and diligent 
cooperation in the compilation of this Inventory. 

All of the officers of Montgomery County cooperated in every pos- 
sible way with the workers, and grateful acknowledgment of their aid 
is hereby made. I also wish to express appreciation for the assistance 
rendered by the officials of the Illinois Work Projects Administration 
and the Illinois Writers' Project. For the cover design we are indebted 
to the Illinois Art Project. 

The varous units of the Inventory of the County Archives of Illi- 
nois will be available for distribution to governmental offices, libraries, 
schools, and historical societies in Illinois, and libraries and govern- 
mental agencies in other states. Requests for information concerning 
particular units of the Inventory should be addressed to the State 
Supervisor. 

Royal S. Van de Woestyne 
State Supervisor 
The Illinois Historical Records 
October 20, 1939 Survey Project 

— vi— 



HARRY C. STUTTLE FRANK W. FRIES 

Senator, 38th District Congressman, 21st District 

HUGH W. CROSS 
Representative, 38th District 

RAYTVIOND RICHMOND DR. FRANK A. STEWART 

Representative, 38th District Representative, 38th District 

MONTGOMERY COUNTY OFFICIALS 

County Clerk IRA W. WHITE 

Circuit Clerk, BREWER H. DAMMANN 

Treasurer NEWELL HILL 

Sheriff LEO GILLILAND 

Coroner GEORGE S. CHASE 

State's Attorney GEORGE A. HALL 

County Judge ROBERT C. WHITE 

Superintendent of Schools WALTER F. GROTTS 

Superintendent of Highways A. P. ROSCHE 

Master in Chancery L. V. HILL 

Superintendent of Public Welfare PEARL E. CARRIKER 

Superintendent of County Home LEE UPCHURCH 

(FRANK FERGUSON, Appointee) 

County Farm Advisor ALDEN SNYDER 

County Mine Inspector CLARENCE SMITH 

County Physician DR. R. A. HAMILTON 

Tuberculosis Sanitarium Board DR. EDMUND S. LOCKHART, 

Chairman 
O. M. HAMPTON. Secretary 
EDWARD R. BUTLER, Member 

BOARD OF SUPERVISORS OF MONTGOMERY COUNTY 

Term 

Township Name and PostoflRce Expires 

Audubon Gordon Kellogg, Nokomis 1943 

Bois d'Arc Joseph A. Jordan, Farmersville 1943 

Butler Grove Jesse W. Osborn, Butler 1941 

East Fork Keith Short, Cof feen 1913 

Fillmore H. D. Allen, Fillmore 1941 

Grisham George Fram, Donnellson 1943 

Harvel C. D. Marshall, Harvel 1943 

Hillsboro George Hume, Hillsboro 1943 

Hillsboro *John Beal, Hillsboro 1943 

Irving Bruce Ishmael, Irving 1941 

Nokomis Walter C. Fricke, Nokomis 1941 

Nokomis *Merle Wright, Nokomis 1943 

North Litchfield A. B. Palmer, Litchfield 1941 

North Litchfield *Clarence Winkleblack, Litchfield 1943 

Pitman Thomas M. Taylor, Waggoner 1943 

Raymond W. G. Pope, Raymond 1943 

Rountree Olin N. Snyder, Witt 1941 

South Fillmore H. E. McCollum, Cof feen 1941 

South Litchfield Fred Striplin, Litchfield 1941 

Walshville Henry C. Keune, Litchfield, R. R. 2 1943 

Witt R. E. Sparks, Nokomis, R. F. D 1941 

Zanesville Willis Corlew, Raymond 1941 

♦Assistant Supervisors 

— vii — 



LIST OF STANDING COMMITTEES, 1939-1940 

WALTER C. FRICKE, Chairman IRA W. WHITE, Clerk 

Finance Snyder, Osborn, Allen 

Road and Bridge Kellogg, Pope, Palmer 

Judiciary Kuene, Taylor, Allen 

Poor Claims Fram, Wright, McCollum 

Court House Winkleblack, Hume, Jordan 

Election and Jurors Hume, Wright, Striplin 

Police Short, Kuene, Corlew 

County Farm Keune, Winkleblack, Corlew 

Jail and Prisoners Taylor, Wright, Marshall 

Fees and Salaries Hume, Short, Marshall 

Medical Pauper Taylor, Keune, Allen 

Miscellaneous Sparks, Ishmael, Fram 

Printing and Supplies Wright, Winkleblack, Beal 

Rules of Order Fram, Palmer, Beal 

Back Tax Short, Hume, Striplin 



— vlil— 



TABLE OF CONTENTS 

A. Montgomery County and Its Records System 

Page 

1. Historical Sketch 3 

Introduction; location and description; the first inhabit- 
ants. Early history: the background of settlement; the 
pioneers. Civil and political development: organization 
of the county; government; the court house. Economic 
development: transportation; agriculture; industries; 
county business. Social development: education; relig- 
ious activities; public assistance; the press. Population. 

2. Governmental Organization and Records System 30 

introduction. General administration. Finances: taxa- 
tion; fiscal control. Administration of justice; courts; 
clerks of courts; ministerial officers; prosecutions; in- 
quests; enforcement of law. Education. Recordation. 
Public works: roads and bridges; public buildings; drain- 
age. Public services: public health; vital statistics; 
public assistance. Coordination of functions. Records 
svstcm. 
Chart 51 

3. Roster of County Officers 53 

4. Housing, Care, and Accessibility of the Records 63 

Cnarts of depositories, showing location, contents, and 

condition 67-70 

Charts of county offices, showing percentage of records 

in depositories 71, 72 

Floor plans 73-77 

5. Abbreviations, Symbols, and Explanatory Notes 78 

B. County Offices and Their Records 

I. County Board 83 

General Index. Proceedings of board. Disposition of 
accounts: bills and claims; registers of county orders; 
cancelled county orders; pension fund accounts and 
applications. Management of county properties and 
roads: bond issues; insurance; motor fuel tax allot- 
ments. Reports to board. Jury list. 

II. County Clerk 93 

Taxation: lists of taxable property, levies; collections, 
abatements; judgment, sale, redemption, forfeiture; 
plats. Vital statistics: births; deaths and stillbirths; 
marriages; agricultural census. Licenses and registers: 
registers of officers; professional licenses and regis- 
ters; patents; militia roll; stallion certificates; estrays; 
dog licenses. Elsctions. Bonds of officers. Civil ser- 
vice rules. Receipts and expenditures. Miscellaneous 
* papers. 

— ix— 



m. Recorder iu» 

Entry books. Instruments recorded: general; deeds; 
mortgages — real property; mortgages — chattel; certifi- 
cates of levy; bonds of officers; tract index; other in- 
struments. Plats. 

IV. County Court 117 

Proceedings of court. Dockets: court dockets; justices' 
dockets. Fee books. Reports to court. Bonds. Pro- 
bation. Naturalization. 

V. Probate Court 130 

Proceedings of court: general proceedings; wills, bonds, 
letters; inventories and appraisements; widows' relin- 
quishment and selection; reports of sale; reports, cur- 
rent and final accounts. Dockets. Fee books. 

VI. Circuit Court 140 

Proceedings of court. Transcripts. Dockets. Fee books. 
Reports to court. Bonds. Naturalization. OfRce trans- 
actions: receipts and expenditures; court business. 

VII. Sheriff 153 

Process. Jail records. Fees, receipts and expenditures. 

VIII. Coroner 156 

rx. state's Attorney 153 

X. Supervisor of Assessments 161 

XI. Board of Review 163 

XII. Collector 165 

Collection, settlement. Delinquent tax, abatement. 
Special assessments. 

XIII. Treasurer 169 

General accounts. Special accounts: school: probate; 
inheritance tax; highway; dog license; mothers' pen- 
sion; drainage. Reports. Checks and deposit slips. 

Xrv. Superintendent of Schools 174 

Accounts of school funds. Sale of school lands. School 
districts. Teachers' records. Pupil records. Reports. 
Registers of school officers. School treasurers' bonds. 

XV. Superintendent of Highways 180 

Construction and maintenance records: right-oi-way 
dedications; specifications, contracts, and plans; labor; 
Work Projects Administration. Allotments and claims. 
Reports. Surveys. Correspondence and petitions. 

XVI. Surveyor 185 

XVII. Drainage Commissioners 186 

XVIII. Department of Public Welfare 188 

XIX. County Home 193 

XX. Tuberculosis Sanitarium Board 191 

— x — 



2CXI. County Mine Inspector 193 

Chronological Index 195 

Subject Index 199 



— XL— 



A. MONTGOMERY COUNTY AND ITS RECORDS SYSTEM 



r J aoTY nuirmto conrkwr cuiCfcOft. tu_ 




(First entry, p. 88) 

1. HISTORICAL SKETCH 

INTRODUCTION 

Location and Description 

Montgomery County, in the central Illinois region, lies a little to 
the south and west of the center of the state. Its northern boundary 
is formed by the county lines of Sangamon and Christian; on the east 
it is bounded by Shelby and Fayette counties; on the south by Bond 
and Madison; and on the west by Macoupin County. Large and ir- 
regular in shape, Montgomery has an area of 740 square miles. In 
general the surface is high and undulating, and the land is suitable 
for a diversity of agricultural purposes. The county is watered by 
Ramsey and Shoal creeks, East, West, and Middle forks of Shoal 
Creek, Lake Fork, Hurricane Creek, and the streams tributary to these. 
The swamps which formerly hampered travel and cultivation have 
been drained and turned into highly productive land. Between the 
main streams in the southern part of the county, are a number of 
mounds, probably of artificial origin, some a mile or more across their 
base and about fifty feet high. Near Nokomis a few low hills, separ- 
ated by gentle depressions, rise from the prairie.' The northern two- 
thirds of the county is of a prairie soil of a rich, dark color; the soil of 
the timber region is of a light, gray-colored clay.' Originally the coun- 
ty's forest acreage totaled 143,572; by 1924, gradual lumbering off had 
reduced it to 46,498 acres.' Much of the timber was used in building 
the cabins of the pioneers and the early public buildings, for firewood, 
and for the construction by the early settlers of wagons, plows, 
and other farm implements. The types of trees found in the county 
are several varieties of oak and maple, cottonwood, sassafras, hickory, 
black walnut, and black and honey locust; wild grapevines are found 
in the woods, along with wild cherry, plum, and crab-apple trees, and 
such shrubs as hazel, sumac, and elderberry. 

While Montgomery is predominantly agricultural, the per cent 
of land in farms in 1935 being 93.9,' coal mining provides an im- 
portant additional source of wealth. During 1915 the eight operating 
mines in the county produced 13.45 per cent of the coal mined in the 
state in that year;'" in 1937, however, there were only three shipping 
mines in operation, producing about two per cent of the state's output." 

Montgomery County was named, in keeping with the post-Revolu- 
tionary custom of choosing place names from the roster of Revolution- 



History of Bond and Montgomery Connties, XUinois, ed. William Henry 
Perrin (Chicago: C. L. Baskin & Co., 18S2), p. 174. 

Historical Encyclopedia of Illinois, ed. Newton Bateman and Paul Selby 
and History of Montg-omery Connty, ed. Alexander T. Strange (Chicago: 
Munsell Publishing Company, 1918), II, 646. 

Clarence J. Telford, Third Report on Forest Snrvey of Illinois Univers- 
ity of Illinois Bulletin, v. XVI (Urbana, 1926), p. 61. 

Information Pertaining to Farm, Home and Commnnity (Urbana: Univers- 
ity of Illinois, mimeograph, 1936), p. 3. Hereinafter cited as Farm, Home 
and Commnnity. 

Bateman, Selby, and Strange, op. cit., p. 806^ 807. 

Fifty-sixth Coal Report of Illinois (Springfield: State of Illinois 1937) 
p. 79. ' 



Historical Sketch 

ary War heroes, in honor of General Richard Montgomery, who dis- 
tinguished himself in service with Wolfe in Canada; upon entering 
the Continental Army after the outbreak of the War for Independence, 
he was elevated to the position of commander of the forces in the 
northern department, where some of the men who later settled in 
Illinois served under him. 

The First Inhabitants 

There is evidence that an aboriginal race of people once dwelt 
within the confines of the county, for the mounds they built still stand 
as monuments of their presence. In the vicinity of one group of 
these, a few miles west of Hillsboro, have been found such relics as 
arrowheads, scrapers, axes, mauls, drills, sawtooth points, and other 
instruments which have not been identified.' Very little scientific 
exploration of the mounds has been made, so that whatever they 
might reveal of the life and culture of the people who caused them to 
rise from the surrounding prairies, remains a secret. Even the minute 
and extensive studies made by the University of Illinois' and various 
archeological societies on the more important Cahokia group of 
mounds near East St. Louis, have not succeeded in establishing either 
the age of the mounds or the reason for their building. 

Neither is there much definite knowledge concerning the move- 
ments of the later Indian tribes who roamed over this region. Mont- 
gomery lies in the territory claimed by the Illinois nation when that 
people was first known to the white man.' Since these Indians were 
accustomed to make their permanent villages along the shores of the 
larger streams, it is not surprising that they left in Montgomery 
County no trace of their habitation. During the latter half of the 
eighteenth century, the Illinois fell prey to their enemies; first to the 
Iroquois, and when these had retreated to the northeastward, to the 
warlike Pottawatomies, Sacs and Foxes, and Kickapoos. The latter 
two tribes frequented the Montgomery County region on hunting and 
fishing expeditions, but it is not known that they made any permanent 
settlements there." The Kickapoos were a troublesome people, seldom 
making outright warfare, but delighting in predatory raids against 
either their Indian neighbors or exposed white settlements. Their 
acknowledged possession of the country east of the Illinois River and 
between the Kankakee and a line drawn from the mouth of the Illi- 
nois to the Wabash, was a strong deterrent to settlers seeking new 
homes in Illinois. It was not until 1819 that this tract, the southern 
portion of which includes Montgomery County, was ceded to the 
United States government by the treaty of Edwardsville." The Kicka- 



7. Bateman, Selby, and Strange, op. clt., p. 649, 651. 

8. See Warren K. Moorehead and others, The Cahokia MouLds, University 
of Illinois Bulletin v. XXVI, No. 4 (Urbana, 1927). 

9. The Illinois claimed the country south of the Great Lakes and from the 
divide between the Illinois River and the Wabash on the east, to the 
Mississippi on the west. Hiram W. Beckwith, "Illinois and Indiana 
Indians" in Ferras Historical Series No. 27 (Chicago: Fergus Printing 
Company, 1884), p. 100. 

10. Perrin, op. cit., p. 180. 

11. "Treaty with the Kickapoos" in Xadlam AXfalrs £aws and Treaties, ed. 
Charlse J. Kappler (Washington: Government Printing Office), II, 129. 



Historical Sketch 

poos, in return for their lands, were to receive an annuity and undis- 
puted possession of certain lands to the north and west, to which they 
hastened with the assistance of government troops. From that time 
on, they ceased to be a menace, and the country they had occupied 
was open to white settlement. 

EARLY HISTORY 

The Background of Settlement 

The recorded history of white man's civilization in Illinois began 
over three centuries ago when, in the early seventeenth century, 
French explorers and missionaries first penetrated the "far west." 
Outside their brilliant feats of exploration and the unmatched courage 
and devotion of their missionaries, the most remarkable quality of the 
French was their ability to make friends and live in harmony with 
the Indians, in many instances even to the point of intermarriage. 
Neither the British who succeeded them, nor the Americans who later 
took over the country, were able or willing to match the French in 
harmonious relationship with the red man. But these qualities, how- 
ever splendid, were not sufficient to hold the country for the crown 
of France. The French failed to settle the inland country, largely 
through the weak colonial policy of their king; the scattered outposts 
along the Illinois, the Wabash, and the Mississippi rivers were con- 
sidered too feeble to hold out against the aggression of the British, 
once Canada had been lost. By the Treaty of Paris in 1763, the entire 
French Northwest was handed over to the British. 

The British, during their occupation of Illinois, made no conspic- 
uous contribution to the progress of the territory. To England, Amer- 
ica was valuable only as a source of supply for needed raw materials, 
and as a market for its manufactured goods. Settlement in the newly 
acquired territory was prohibited, in order to protect the valuable 
fur trade. 

The seizure of Kaskaskia by George Rogers Clark and his back- 
woods Virginian soldiers, in 1778 — in the very midst of the Revolution- 
ary War — put the Illinois country in the hands of the Colony of Vir- 
ginia. In the same year, the County of Illinois was created, embracing 
the area from the Ohio River to the Illinois, with the Mississippi as the 
western boundary, and an indeterminate northern limit in the Great 
Lakes region.'' Virginia ceded the Illinois country to the Continental 
Congress in 1784, but action on the cession was delayed, and before a 
government could be established, the Ordinance of 1787 was passed, 
creating the Northwest Territory. The appointed governor, Arthur 
St. Clair, a general in the Continental Army, did not arrive in Illinois 
until 1790. One of his first acts was to erect the county of St. Clair, 
which extended from the Ohio River to the Illinois, and from the 
Mississippi to a line drawn from the mouth of the Michillimackinac 



12. statutes at Iiargre (Virginia), ed. ■William Waller Hening (New York: R., 

W., and G. Bartow, 1S23), IX, 532. For a reprint of the Act, and the 

history of its passage, see Cabokia Records, ed. Clarence W. Alvord in 

Illinois Historical Collections II, Virginia Series I (Springfield: Illinois 

State Historical Library, 1907), p. 9. 



HlBtorlcal Sketcli 

ary War heroes, in honor of General Richard Montgomery, who dis- 
tinguished himself in service with Wolfe in Canada; upon entering 
the Continental Army after the outbreak of the War for Independence, 
he was elevated to the position of commander of the forces in the 
northern department, where some of the men who later settled in 
Illinois served under him. 

The First Inhabitants 

There is evidence that an aboriginal race of people once dwelt 
within the confines of the county, for the mounds they built still stand 
as monuments of their presence. In the vicinity of one group of 
these, a few miles west of Hillsboro, have been found such relics as 
arrowheads, scrapers, axes, mauls, drills, sawtooth points, and other 
instruments which have not been identified.' Very little scientific 
exploration of the mounds has been made, so that whatever they 
might reveal of the life and culture of the people who caused them to 
rise from the surrounding prairies, remains a secret. Even the minute 
and extensive studies made by the University of Illinois' and various 
archeological societies on the more important Cahokia group of 
mounds near East St. Louis, have not succeeded in establishing either 
the age of the mounds or the reason for their building. 

Neither is there much definite knowledge concerning the move- 
ments of the later Indian tribes who roamed over this region. Mont- 
gomery lies in the territory claimed by the Illinois nation when that 
people was first known to the white man." Since these Indians were 
accustomed to make their permanent villages along the shores of the 
larger streams, it is not surprising that they left in Montgomery 
County no trace of their habitation. During the latter half of the 
eighteenth century, the Illinois fell prey to their enemies; first to the 
Iroquois, and when these had retreated to the northeastward, to the 
warlike Pottawatomies, Sacs and Foxes, and Kickapoos. The latter 
two tribes frequented the Montgomery County region on hunting and 
fishing expeditions, but it is not known that they made any permanent 
■settlements there." The Kickapoos were a troublesome people, seldom 
making outright warfare, but delighting in predatory raids against 
either their Indian neighbors or exposed white settlements. Their 
acknowledged possession of the country east of the Illinois River and 
between the Kankakee and a line drawn from the mouth of the Illi- 
nois to the Wabash, was a strong deterrent to settlers seeking new 
homes in Illinois. It was not until 1819 that this tract, the southern 
portion of which includes Montgomery County, was ceded to the 
United States government by the treaty of Edwards ville." The Kicka- 



7. Bateman, Selby, and Strange, op. clt., p. 649, 651. 

8. See Warren K. Moorehead and others, The Cahokia Xonnds, University 
of Illinois Bulletin v. XXVI, No. 4 (Urbana, 1927). 

9. The Illinois claimed the country south of the Great Lakes and from the 
divide between the Illinois River and the Wabash on the east, to tlhe 
Mississippi on the west. Hiram W. Beckwith, "Illinois and Indiana 
Indians" in Tergnm Historical Series No. 27 (Chicago: Fergus Printing 
Company, 1884), p. 100. 

10. Perrin, op. cit., p. 180. 

11. "Treaty with the Kickapoos" in Indian Alfalrs £aws and Treaties, ed. 
Charlse J. Kappler (Washington: Government Printing Office), II, 129. 



Historical Sketch 

poos, in return for their lands, were to receive an annuity and undis- 
puted possession of certain lands to the north and west, to which they 
hastened with the assistance of government troops. From that time 
on, they ceased to be a menace, and the country they had occupied 
was open to white settlement. 

EARLY HISTORY 

The Background of Settlement 

The recorded history of white man's civilization in Illinois began 
over three centuries ago when, in the early seventeenth century, 
French explorers and missionaries first penetrated the "far west." 
Outside their brilliant feats of exploration and the unmatched courage 
and devotion of their missionaries, the most remarkable quality of the 
French was their ability to make friends and live in harmony with 
the Indians, in many instances even to the point of intermarriage. 
Neither the British who succeeded them, nor the Americans who later 
took over the country, were able or willing to match the French in 
harmonious relationship with the red man. But these qualities, how- 
ever splendid, were not sufficient to hold the country for the crown 
of France. The French failed to settle the inland country, largely 
through the weak colonial policy of their king; the scattered outposts 
along the Illinois, the Wabash, and the Mississippi rivers were con- 
sidered too feeble to hold out against the aggression of the British, 
once Canada had been lost. By the Treaty of Paris in 1763, the entire 
French Northwest was handed over to the British, 

The British, during their occupation of Illinois, made no conspic- 
uous contribution to the progress of the territory. To England, Amer- 
ica was valuable only as a source of supply for needed raw materials, 
and as a market for its manufactured goods. Settlement in the newly 
acquired territory was prohibited, in order to protect the valuable 
fur trade. 

The seizure of Kaskaskia by George Rogers Clark and his back- 
woods Virginian soldiers, in 1778 — in the very midst of the Revolution- 
ary War — put the Illinois country in the hands of the Colony of Vir- 
ginia. In the same year, the County of Illinois was created, embracing 
the area from the Ohio River to the Illinois, with the Mississippi as the 
western boundary, and an indeterminate northern limit in the Great 
Lakes region." Virginia ceded the Illinois country to the Continental 
Congress in 1784, but action on the cession was delayed, and before a 
government could be established, the Ordinance of 1787 was passed, 
creating the Northwest Territory. The appointed governor, Arthur 
St. Clair, a general in the Continental Army, did not arrive in Illinois 
until 1790. One of his first acts was to erect the county of St. Clair, 
which extended from the Ohio River to the Illinois, and from the 
Mississippi to a line drawn from the mouth of the Michillimackinac 



12. statutes at Iiarg-e (Virginia), ed. "William Waller Hening (New York: R., 

W., and G. Bartow, 1823), IX, 532. For a reprint of the Act, and the 

history of its passage, see Cabokia Records, ed. Clarence W. Alvord in 

Illinois Historical Collections II, Virginia Series I (Springfield: Illinois 

State Historical Library, 1907), p. 9. 



Historical Sketeli, 

with a nasal twang and the neighbor who had trekked over the moun- 
tains from the upland of Carolina might talk with a drawl, but be- 
tween them was a common bond of a great experience and of the 
acceptance of a mode of life: debt, hardship, independence — a dozen 
things bound them together and made them brothers when contrasted 
with the Northern merchant or Southern planter back East. And the 
Mississippi, 'the river,' 'Ol' Man River,' bound them again.'"" 

They came in flatboats and sailboats over the Ohio and Mississippi 
rivers; over the Cumberland Road and lesser trails on horseback or in 
wagons driven by a yoke of oxen at the rate of one and a half miles 
per hour." In rainy weather the dirt roads became impassable and 
the travellers camped by the wayside, patiently waiting for more pro- 
pitious weather. An improved road in those days was called a "cor- 
duroy"; such construction consisted of logs thrown down at right 
angles to the line of travel over the swampy and muddy portions. The 
chief ports of entry to Illinois in the early years were Shawneetown 
and Kaskaskia; from there the newcomers branched out to the north, 
west, and east, into the vast, empty regions of Illinois. Christiana 
Tillson. one of the indomitable pioneer women, and the writer of a 
valuable little book of reminiscences of a pioneer wife and mother, 
relates how she and her family spent seven and a half weeks travelling 
from Connecticut to her new home in Montgomery County." Speak- 
ing of the type of person who pioneered in Illinois in the early years, 
John Reynolds, himself a pioneer, and later governor of Illinois and 
author of historical works on the state, says of them: "The pioneers 
were exceedingly kind and friendly when a log cabin was to be raised. 
. . . The hands on the ground handed up the logs, and the cabins v/ere 
generally covered before night . . ." and "Although the pioneers knew 
little and cared less about literature, yet. they entertained just and 
sound principles of liberty. No people delighted in the free and full 
enjoyment of a free government more than they did. . . . This idea 
of liberty gave them a personal independence, and confidence in them- 
selves that marked their actions through life."" 

The cabins they lived in were built of logs, the wide cracks chinked 
and daubed with mud. The heating and cooking facilities were sup- 
plied by wide, open fireplaces with wooden chimneys. The cabin was 
almost universally a one-room dwelling in which the whole familv 
lived; a hole crudely cut in a wall and generally covered with oiled 
paper instead of glass, served for a window.^' The floors were either 
of earth or smoothed-off split logs; furniture was homemade, crude 
but useful. Two of the most important articles of furniture were the 
spinning wheel and the loom, for, especially before 1818. almost all the 
"clothing worn by the pioneers was made at home of flax, wool, or cot- 
ton, and prepared by themselves." The skins of animals also, were 



20. James Truslow Adams^ The Epic of America, (Boston: Little, Brown and 
Company, 1934)^ p. 154. 

21. Perrin, op. cit.. 'p. 183. 

22. A Woman's Story of Pioneer IlUnols, p. 136. 

23. My Own Times, p. 40, 41. 

24. Bateman^ Selby^ and Strange, op. cit., p. 673. 

25. Reynolds, op. cit., p. 44. 



Historical Sketch 

dressed and fashioned into coats, breeches, and shirts. The pioneer 
wife and mother, in addition to her many other tasks, undertook the 
manufacture of clothing for the whole family. Upon her also depend- 
ed the planting and tending of the garden, and the drying and pre- 
serving of fruits and vegetables for winter use. She played fully as im- 
portant a part in the winning of the West as did her mate. Her work 
and responsibilities required strength, patience, and courage equal to 
that of the man beside her. The love of liberty and the vigor and pro- 
gressiveness of the West which became such a potent force in the polit- 
ical, economic, and cultural life of the nation sprang from the charac- 
ters of those men and women. 

There were times when food was neither plentiful nor varied. 
While most immigrating families brought with them provisions enough 
to last until the first crops and gardens could yield a new supply, spoil- 
age, an accident to the store, or a failure of the crop, could cause 
severe hardship to the settler just establishing himself. "At times 
they were forced to hunt game to sustain their families, . . . when 
they needed meal, and the mills were dry, they pounded the corn in 
mortars into meal or eat potatoes, if they were grown, without bread.'"" 

Wild animals such as the bear, buffalo, deer, wildcat, panther, 
wolf, fox, otter, beaver, muskrat, and mink furnished additional 
sources of food and clothing, and provided the peltries and skins which 
were the accepted medium of exchange for salt, sugar, and other in- 
dispensable manufactured articles.^' While the region was still in 
its wild state the settlers were plagued by insects, a serious problem 
to them and a torment to the farm animals; with the increase in land 
cultivation, the insects disappeared. 

Although life was hard, the country drew to it the people able to 
conquer the hardships. The "far west," and Illinois in particular, was 
becoming a magnet to those in the old states who loved independence 
and who had the will and stamina for pioneering. By 1837, the Rev- 
erend John Mason Peck, a pioneer missionary in the wpst, and author, 
among other books, of "A Gazetteer of Illinois," and "Guide for Emi- 
grants to the West," had this to say of Illinois: "No state in the 'Greai 
West' has attracted so much attention, and elicited so manv enquiries 
from those who desire to avail themselves of the advantages of a 
settlement in a new and rising country, as that of Illinois; and none 
is filling up so rapidly with an emigrating population from all parts 
of the United States and several kingdoms of Europe.'"' For the 
benefit of prospective settlers, he figured out the cost of starting an 
independent existence in Illinois as follows: Cost of a 320 acre tract of 
government land at $1.25 per acre, $400.00; breaking up 160 acres of 
prairie, $2.00 per acre, $320.00; "fencing it into four fields with a Ken- 
tucky fence of eight rails high, with cross stakes," $175.00; cost of 
cabins, corncribs, stables, etc., $250.00; total cost of farm, $1,145.00.-' 
This was written in 1836, about midway in the transition of Illinois 

2C. Reynolds, op. cit., p. 40. 

27. Bateman, Selhy, and Stranpe op. clt. p. 647. 

28. A Gazetteer of lUinois (Philadelphia- Cvigg and Elliott, 1837), p. vi. 

29. Guide for Emlgrrants to the West (Boston: Gould, Kendall & Lincoln 
1836). p. 313. 

—9 — 



Klrtorlcal Sketch 

and the middle west from the primitive civilization of the wooden 
plow of 1800, to the tremendous advances of the industrial and cultural 
civilization of the 1870's. The American dream of liberty and oppor- 
tunity was finding its full expression in the west even at this early 
date. 

From 1819 on, the growth of population in the Montgomery region 
was as rapid as transportation would allow. By that time, as prev- 
iously stated, the Indians were no longer either a menace or a prob- 
lem. There was nothing but the constantly lessening distance from 
older settlements, and the physical difificulties of the journey to re- 
strain from peopling the region. 

The first white settlement in the Montgomery region was made in 
the year 1816 or 1817 on Hurricane Creek in the extreme northen part 
of the county. Among the settlers were Joseph Williams, Henry Pyatt, 
William McDavid, John and Henry Hill, Jesse Johnson, Henry Sears, 
Aaron Case, Harris Reavis, Joseph and Charles Wright, Easton Whitten. 
John Kirkpatrick, Henry Rowe, John Russell, David Bradford, E. 
Gwinn, and others. Emigrants from Kentucky and Tennessee settled 
in the present Hillsboro Township in 1817-18. Among them were 
Melcher Fogleman, Israel Seward, James Street, Luke Steel, John 
McPhail, Israel Butler, the Harkeys, Jesse Townsend, Jarvis Forehan, 
and Gordon Crandall. Hiram Rountree, who became an active par- 
ticipant in county affairs, settled in the same section in 1821 and spent 
the remainder of his life there. The present township of Fillmore was 
settled about 1820 by colonists from Kentucky, among whom were 
James Card, Thomas J. Todd, John Alexander, and others.^' 

Among the earliest settlers in Montgomery were a number of 
veterans of the Revolutionary War. In the applications for the vet- 
erans' pension which was granted these old soldiers by an act of Con- 
gress in 1832," is contained much personal and historical information 
about the contenders in that epic struggle, which throws interesting 
sidelights on the previous lives of these men whose labors went into 
the building of a new state. Jacob Sights, a resident of Bostic settle- 
ment in Montgomery County, had enlisted in the Continental Army 
from Philadelphia in 1776, and served in Captain Plunket's Company 
of Light Dragoons of the Pennsylvania line. He was in the battles of 
White Plains. Trenton, Princeton, Brandywine. Germantown. and Mon- 
mouth. "After the battle of Monmouth General Washington detached 
Elan's and White's regiments of Dragoons to guard the line betv.-een 
the White Plains and New York, after arriving at the place of destin- 
ation, Sergt. Engard was detached with a sergt. corporal, and twenty- 
four men, near Kings Bridge being halted at a house near said place. 
The said Jacob Sights, being one of the twenty-four men taking some 
refreshments, the whole company were surrounded by the British and 
made prisoners and taken to New York and put in prisons for nine 
months and then put on board a prison ship and sailed for Charleston, 
South Carolina. . . . While there, the said Jacob Sights, being sent 
out for wood, made his escape through the swamp and travelled three 
days without food: . . . and after much toil and suffering was taken 



30. Perrin, op. cit., p. 181. 

31. County Court Record, v. A, p. 133. 



— 10 — 



Historical Sketcli 

prisoner on Broad River, by the Torries . . ."" 

Ezra Bostic declared that he enlisted from Anson County, North 
Carolina, in 1780, and was discharged in 1782. Thomas Craig, senior, 
entered the United States Army in 1781, and marched against the 
British and the Tories through the State of North Carolina. He re- 
enlisted as an Indian spy and served on the frontiers of the Cherokee 
Indian country on the Noluchucky River. There were also Wooten 
Harris, Henry Briane, James Richardson, Thomas Brockman, and 
Benjamin Gordon; John Liggit served in Washington's Regiment of 
Horse and was acquainted with General LaFayette, General Morgan, 
and Colonel Pickens.^^ 



CIVIL AND POLITICAL DEVELOPMENT 



Organization of the County 

At the time of its organization into a separate unit, Montgomery, 
as we have seen, was contained almost entirely within the old county 
of Bond. In 1821, the settlers, of whom there were only several hun- 
dred,=* signed a petition to the legislature asking for the organization 
of Montgomery into a separate county. John Tillson, with Israel 
Seward, Hiram Rountree, and Eleazer Townsend, carried the petition 
to Vandalia,'' and on February 12, 1821, the legislature passed "An Act 
forming a new County out of the County of Bond.'"* In that year the 
State of Illinois was only two years old, with Shadrach Bond presiding 
as its first governor. In the same year, Mexico revolted and declared 
her independence, and two years later, James Monroe, the fourth 
president of the United States, formulated the famous doctrine of 
sovereignity for the Americas, which bears his name, and which has 
remained to this day a vital part of our foreign policy. 

The enabling act creating the county defined the boundaries of 
Montgomery," and appointed Melcher Fogleman, Joseph Wright, and 
James Street as commissioners to locate the seat of justice for the 
county, with the usual provision that the proprietors of the site were 
to donate to the county a tract of not less than twenty acres of land, 
part of which was to be sold, and the proceeds used to erect the neces- 



32. County Court Record, v. A, p. 133, 134. 

33. Ibid., p. 134-145,147,182. 

34. Perrin, op. cit., p. 186. 

35. Tillson, op. cit., p. 15. 
3G. Zi. 1821, p. 142. 

37. Ibid. "Beginning at the southeast corner of section number twenty-four 
in township seven north, of range number two west of the third principal 
meridian thence west eighteen miles to the southwest corner of section 
north, of range number five west, thence to the southwest corner of said 
west, thence south to the southeast corner of township number seven 
north, of range number five west, thenc eto the southwest corner of said 
township, i.ience north to the northwest of township twelve north thence 
east twenty-four miles to the northeast corner of township twelve north, 
range two west, thence south to the beginning . . ." 

— 11 — 



Historical Sketcli 

sary public buildings/* The county was to be a part of the first 
judicial circuit of the state." 

The commissioners, having considered several locations, met in the 
house of Joseph McAdams and decided on a site known as "McAdams' 
Place," about three miles southwest of Hillsboro." The town laid out 
was called Hamilton; streets were surveyed, lots sold, and contracts let 
for the erection of public buildings." Strong objections, however, were 
raised against the site on the grounds that it was neither the geo- 
graphical center of the county, nor the center of its population. One 
of the commissioners, Joseph Wright, refused to sign the report of the 
commissioners.'" The controversy became so heated that the legislat- 
ure, on January 31, 1823, passed another act to establish a permanent 
seat of justice for the county." This act named Elijah C. Berry, Silas 
Lee Wait, and Aaron Armstrong as commissioners to establish a per- 
manent seat of justice, and further provided that in case the seat of 
justice were removed from Hamilton the "... county commissioners, 
with the consent of other contracting parties, may rescind all contracts 
made with purchasers of property in the town of Hamilton, and refund 
all money which has been received for property sold in the town of 
Hamilton; and all contracts made for the purpose of erecting public 
buildings and making public improvements in the town of Hamilton."** 
The new commissioners decided on a site located on public land, which 
was later named Hillsboro. The county at the time lacked the neces- 
sary funds to purchase the land from the government, but Newton 
Coffey, a settler living in the southern part of the county and pos- 
sessed of some capital, was induced to acquire it. He made the re- 
quired donation of twenty acres to the county," and on August 5, 1823, 
the court ordered the county surveyor to lay out the site of the per- 
manent seat of justice." 

Since its creation the boundaries of Montgomery County had 
undergone two major changes. The first change came with the act 
creating Shelby County, approved January 23, 1827,'" which added to 
Montgomery the north half of township nine and all of townships ten, 
eleven, and twelve north in range one, west. The act establishing the 
counties of Menard, Logan, and Dane, approved February 15, 1839,'" 
gave Dane — the name was changed to Christian in 1840 ' — that part of 
Montgomery in townships eleven and twelve, north, in ranges one, two, 
and three, west, and cast half of those townships in range four, 
west. In the "Act to attach to Madison County a certain tract of 



38. 


Jt. 1881, p. 142. 


39. 


Ibid., p. 143. 


40. 


Perrin, op. cit., p. 1S7. 


41. 


County Court Record, v. A, p. 3, 14, 


42. 


Perrin, loc. cit. 


43. 


J,. 1823, p. 110. 


44. 


Ibid. 


45. 


Perrin, op. cit., p. 187. 


46. 


County Court Record, v. A, p. 21. 


47. 


B. l. 1826-27, p. 115, 116, 117. 


48. 


X.. 1839, p. 104, 105. 


49. 


Ibid., p. 80. 



— 12 — 



KiBtorical Sketcli 

country lying between Greene and Montgomery counties and north of 
Madison County," approved January 3, 1825, the area given to Madi- 
son was described as "beginning at the northwest corner of section two, 
township six, range eight, thence north eighteen miles, thence east 
twenty miles, thence south eighteen miles, on the line of Montgom- 
ery."'" A comparison between this boundary and the boundary cf 
Montgomery County shows that "on the line of Montgomery" was an 
error as it would be six miles east thereof. The error was discovered 
and corrected by a bill in the General Assembly approved January 19, 
1826, for "An Act explanatory of An Act to attach to Madison County 
a certain tract of country lying between Greene and Montgomery 
counties and north of Madison County," in which the provision was 
made that it should "not be so construed as to attach to Madison 
County any part of the county of Montgomery."" Since the creation 
of Dane (Christian) County, the boundaries of Montgomery have re- 
mained unchanged. 

Government 

The governing body of the county at the time of, the creation cf 
Montgomery was the county commissioners' court, provided for by the 
Constitution of 1818. The court was composed of three members, and 
its functions were limited to the administration of county affairs." 
The first meeting of the county commissioners' court in the newly 
organized county was held in the house of John McAdams on April 7, 
1821. The court was composed of John Beck, John McAdams, and 
John Seward.'^ At that session the court appointed Hiram Rountree 
as court clerk, and he posted a bond of $1,000. This appointment and 
the order to the surveyor to survey the county seat was the only busi- 
ness transacted at that session.'" At the next session held on June 3, 
the court appointed John Tillson county treasurer; Joel Wright and 
Eleazer N. Townsend were chosen as sheriff and probate judge respect- 
ively; and three school trustees for each of the four school districts 
were named. The court then levied a one-half per cent tax on the 
valuation of horses, cattle, and carriages, and adjourned until the next 
regular term.'' On September 3, 1821, the court divided the county 
into three election districts named Fork, Hamilton, and Hurricane 
townships. John Seward, Israel Seward, and John B. Seward were ap- 
pointed to view a road from Hamilton to the county seat of Sangamon 
County, and two overseers of the poor for each of the three townships 
were appointed to care for the indigent.'* 

For the next two decades, the chief concern of the county— sur- 
passing the hcensing of businesses and even the assessment of prop- 
erty and the collection of taxes— was the development of roads. Pass- 



so. !•. 1824-26, p. 53. 

51. Ii. 1826, p. 54. 

52. Constitution of 1818, Schedule, sec. 4. 

53. County Court Record, v. A, p. 1. 

54. Ibid., p. 1, 3. 

55. Ibid., p. 3. 

56. Ibid., p. 5-7. 



ETistorlcal Sketch 

able roads furnished the only means available to the settlers for com- 
municating with each other and the outside world, and still more im- 
portant, provided the only link between the producing farmer and his 
market. It was necessary that every portion of the county be served 
by roads, and that they be kept up as well as possible. In a region 
where there were no tracks but game trails, this was an undertaking 
of tremendous proportions. The record shows meeting after meeting 
of the commissioners' court devoted to the consideration of detailed 
reports of the "viewers" — men sent out by the court to determine the 
best location for roads so as to be of advantage to the largest number 
of persons, and at the same time avoid the worst sloughs and most 
dangerous spots in the contours of the land. Roads were located, 
vacated, and moved to more favorable locations as cultivation m- 
creased and new communities grew up; the settlers were called upon 
to give their labor and materials for upkeep; road districts were es- 
tablished, and supervisors appointed to see that the condition of the 
roads was as good as might be. The commissioners' court took seri- 
ously their duties with regard to the roads of the county. 

If the court was serious in its intent and conscientious in the per- 
formance of its duties, no air of heavy solemnity characterized those 
early meetings. Sessions of court provided one of the chief diversions 
for the county-seat towns of that day, and Hillsboro was no exception. 
The circuit court, especially if a much-talked-of case were to come up, 
or a favorite lawyer to appear, was a stronger attraction than the less 
exciting commissioners' court. In a county where the people were few 
in number and widely scattered, the officers of the court, the attor- 
neys, the jurymen, the principals in the case, and the witnesses, were 
likely all to be neighbors. The little log court house generally was 
thronged. The taverns were full, with horses tied to every hitching 
rack; sometimes whole families drove to town for the session, camping 
out if the season permitted, or visiting friends and relatives and mak- 
ing holiday. 

The Honorable John Reynolds, who was circuit judge of the first 
judicial circuit, to which Montgomery County was attached, wrote of 
the total lack of formality between public officials and the citizens in 
these early days. The sheriff of Washington County was Bowling 
Green, who had been a ranger in the same company with the judge. 
As he opened court, "... he was sitting astride on a bench in the 
court-house, and proclaim.ed without rising, that the court is now 
opened, John is on the bench."'' 

Reminiscing about early public officials, A. H. H. Rountree wrote 
in 1873: "It is worthy to remark, that until 1840. politics had little or 
nothing to do v;ith the election of county officers. It is true that the 
officers were mostly of Jackson Democracy; still fitness and capability 
were the chief motives, while personal popularity gave us more officers 
who were unfit, than politics; but even then the officers were usually 
good men."'" 

The county commissioners' court continued as the administrative 



57. My Own Times, p. 13S. 

58. Bateman, Selby, and Strange, op. cit., p. 656. 



Historical Sketch 

body of the county until 1849, when by a legislative provision enacted 
under the authority of the new Constitution of 1843," and affecting all 
counties in the state, a county judge with two justices of the peace, 
sitting as a county court, was declared to possess all jurisdiction and 
power as conferred on the county commissioners' court. ' At its meet- 
ing on December 3, 1849, the newly elected county court of Montgomery 
was composed of Joseph H. Ralston, judge, with Austin Whitten and 
Eli Deshane as associate justices." Although the Constitution of 1843 
had provided that the counties might, if they were so minded, elect to 
be governed under a township form of government."' the administra- 
tion of Montgomery County remained in the hands of the county court 
until that body was abolished by the Constitution of 1870. 

The Constitution of 1870 also gave the county electorates a choice 
between two forms of government: a board of county commissioners 
composed of three members elected at large in the county, or a board 
of supervisors elected one from each township."' As the relative merits 
of a board of county commissioners and the more decentralized form 
of township organization was discussed in Montgomery County, a 
movement grew for an expression of the voters on the question. A 
petition signed by more than fifty voters of the county, asking that the 
matter of township organization be submitted to the citizens at the 
next general election, was presented to the court in 1872.''' At the 
election held on the fifth of November of that year, township organiz- 
ation won; the county court, as one of its last acts, appointed H. H. 
Hood, James M. Berry, and John T. McDavid to act as a committee to 
divide the county into townships."' On March 3. 1873, the committee 
brought in its report, having divided the county into sixteen townships, 
which they had'named Audubon, Fillmore, Witt. Nokomis, East Fork. 
Irving. Rountree, Hillsboro. Butler Grove. Raymond. Walshville. South 
Litchfield, North Litchfield, Zanesville, Harvel, and Bois d'Arc.'' 

The new supervisors, having been duly elected in their respective 
townships, held their first meeting in the court house at Hillsboro on 
May 8, 1873. with John H. Beatty as chairman.'' Since that date there 
has been no change in the administrative body of the county, although 
the number of supervisors has increased from sixteen to nineteen v;ith 
the addition of the townships of Grisham, Pitman, and South Fillmore. 
The functions of the board have likewise expanded to meet the diverse 
needs of an inci-easingly complex civilization. 

The Court House 

Until the erection of a court house the courts were held in the 
house of Joseph McAdams in Hamilton and later in the house of Luke 



59. Constitution of 1848, Article V, sec. 16. 17, 19. 

60. I.. 1849, p. 6.5, 66. 

61. County Court Record, v. 1, p. 1. 

62. Constitution of 1S4S, Art. VII. sec. 6. 

63. Constitution of 1870. Art. X, sec. 5, 6; t. 1873-74, p. 79. 80 

64. County Court Record, v. D, p. 403. 
er,. Ibid., p. 405. 423. 

66. Ibid., p. 425. 

67. Supervisors' Record, v. A, p. 1. 

—15— 



historical Sketch 

Lea Steel in Hillsboro." A contract for building the first court house, 
to cost $185.00, was awarded to John Seward and John B. Seward on 
April 4, 1822.°' Because of the controversy over the county seat, that 
court house was never built, and the contract was cancelled."' After 
the selection of Hillsboro as the permanent county seat the court, on 
August 5, 1823, entered into a contract with Luke Lea Steel to build a 
court house at a cost of $344,531/3." The specifications as ordered by 
the court were for a two-story house of hewn logs, twenty-four feet 
by twenty feet, the lower story to be eight feet between ceiling and 
floor, and the second story six feet clear of the roof; two door.s below; 
two windows; two good plank floors laid down rough; a shingled roof; 
and the cracks to be closely chinked and plastered with mud. The 
building was to be completed by the first of December." On March 1, 
1824, the first session was held in the new court house." 

This first court house served the county for twelve years. By 1833 
the growth of population with its corresponding increase of county 
business had rendered the little structure inadequate. A contract was 
let for a more commodious building," which was ready to receive the 
officers and their records by April, 1835," and the log building was put 
up for sale. This court house is the one in use today, though it is 
doubtful if any of the men who walked through its corridors in 1835 
would recognize its outlines, so extensive have been the remodellings 
and additions made upon it.'" At one time, just after the Civil War, a 
new court house might have been built. But about the time the county 
board was considering the venture, considerable agitation arose in the 
county for the removal of the county seat to Litchfield. Unwilling to 
undertake a project that might come to nothing, the board determined 
upon a remodelling only." The labor occupied four years' time, and 
the court house emerged completely rebuilt. Since 1872, the only 
■changes have been repairs, interior alterations, and the building of an 
addition. 

ECONOMIC DEVELOPMENT 

Transportation 

The development of Montgomery County from an expanse of 
forest and prairie, to a highly cultivated and richly productive region 
dotted with towns and villages, has progressed in proportion to the in- 
crease in transportation facilities. The importance of transportation 
and intercommunication was, from the earliest years, universally rec- 
ognized by American pioneers wherever they settled. Not only was 



68. 


Perrin, op. cit., p. 187. 






69. 


County Court Record, v. A, p. 14. 






70. 


Ibid. 






71. 


Ibid., p. 24. 44. 






72. 


Ibid., p. 21. 






73. 


Ibid., p. 24. 






74. 


Ibid., p. 168. 






75. 


Ibid., p. 199. 






76. 


For the details of these changes see Hou-slng, 
Records, this Inventory, p. 63, 64. 


Care, 


and Accessibility of 


77. 


County Court Record, v. D, p. 44. 







— 16- 



Historical Sketch 

the development and enjoyment of the democratic way of life, which 
they so desired, dependent on the common efforts of communities— 
which would have been precluded were they to remain in isolation 
from each other— but economic progress, as well as social and cultural 
advancement, would be impossible without trade and ready inter- 
change of products. Settlement, conquest, and development of the 
West occurred simultaneously with the building of roads, canals, and 
steam railroads. 

It has been noted that one of the first and most energetically 
prosecuted activities of the county officials was the laying out of roads 
and the building of bridges. It is significant that the first roads des- 
ignated were to connect Hamilton with the county seats of nearby 
Sangamon, Faj'ette, Bond, and Madison counties.''Accepting petitions 
from citizens for new roads, appointments of viewers, and the hearing 
of their reports were among the most important transactions of the 
early courts.''" The inhabitants within the road districts each year 
were required to work a specified number of days on the roads. In 
1833, each taxable, able-bodied male inhabitant was required to con- 
tribute one day of labor for every one hundred dollars worth of tax- 
able property in his possession.'" The state and county acted jointly 
in surveying and laying out roads for intercounty communication. In 
1829 the legislature appointed viewers to survey a road from Hillsboro 
to Paris in Edgar County." The roads from Hillsboro to Greenville and 
from Hillsboro to Alton were declared state roads bv the legislature 
in 1833.'^ 

The first mention of a bridge built in the county is contained in 
the county record of March 22, 1825. W. H. Loomis and John Mysen- 
hamer were appointed by the court to superintend the building of a 
bridge across the Middle Fork of Shoal Creek on the road to Sangamon 
County.'' The West Fork bridge and a bridge across the East Fork on 
the road to Vandalia were built in 1839." 

The early primitive dirt roads which often became impassable in 
rainy weather were obviously limited in their value to the inhabitants. 
From the beginning, therefore, emphasis in Montgomery County has 
been placed on the constant improvement of roads, until today a map 
of the county shows a network of well-kept earth and gravel roads 
and paved highways. Of these some are built and maintained by 
funds derived from the county road tax, others by county money sup- 
plemented by state-aid funds, and the most important ones by state- 
bond-issue funds. By 1935 a total of 237 miles of state-aid and second- 
ary roads was in use in the county ."'■ A diagonal highv/ay of the state- 
bond-issues type connects Ohlman and Nokomis, in the northeastern 
part of the county, with Hillsboro, and continues to Donnellson on the 
southern boundary line; another enters the county above Thomasville 



78. 


County Court Record, v. A, p. 5. 


79. 


Ibid., p. 11, 29. 48. 


SO. 


Ibid., p. 167. 


SI. 


I..1829, p. 128. 


82. 


Zi. 1833, p. 155, 181. 


S3. 


County Court Record, v. A, p. 46. 


84. 


Ibid., p. 281. 297. 


85. 


Farm, Home and Community, p. 52. 



—17— 



Historical Sketcb 

in the northwestern corner, and runs almost the length of the county, 
through Litchfield, and in a southwesterly direction into Macoupin 
County. A cross-county highway, partially maintained by state-bond- 
issue funds, runs from Litchfield to Hillsboro, and through Schram 
City eastward to the Shelby County line. From Harvel, in the Chris- 
tian County corner, a highway which is partially state-bond-issue and 
partly state-aid, proceeds in a generally diagonal route to Hillsboro, 
and southeasterly to Coffeen. The township or county roads connect 
with these main highways in such a way that no community in the 
county lacks transportation facilities.*' 

One of the most potent factors in the building of the county was 
the coming of the railroads. The Terre Haute and Alton, now known 
as the Big Four Railroad, was incorporated in 1851,"' and was com- 
pleted through Montgomery County in 1855.*' The history of that road 
goes back to the famous Internal Improvements Act passed by the 
General Assembly in 1837." One of the provisions of the act was that 
all planned improvements, including the building of the Terre Haute 
and Alton, were to commence simultaneously throughout the state. 
Some preliminary work on this road was done, but with the collapse of 
the Internal Improvements scheme in 1838-39,'" further work was 
abandoned until the plan for the road was revived some twelve years 
later. When the railroad was completed to Terre Haute the first direct 
connection was established between Montgomery County and the 
Atlantic seaboard. The county subscribed to the stock of the railroad 
to the amount of $50,000," which was sold eventually to eastern capi- 
talists."= 

Running through the county today are the Illinois Central system; 
the Toledo, Peoria and Western; the Chicago, Burhngton and Quincy; 
the Wabash; the Cleveland, Cincinnati, Chicago and St. Louis rail- 
roads; by 1918, the combined mileage of these roads amounted to about 
two hundred miles." 

Agriculture 

Since Montgomery is essentially an agricultural county, it was to 
the farmers that the improvement of highways and the building of the 
railroads were most important. The predominant types of farming in 
the county are general farming, dairying, and animal specialties. In 
1929 general farms constituted 44 per cent of the total number; dairy 
farms, 20.6 per cent; and animal specialties, 11.1 per cent."' Of the 
grains, corn has remained since the early days the principal crop, 
occupying, in 1929, 24.1 per cent of all land under cultivation in the 

86. See Official Map of Montgomery County (Springfield: State of Illinois. 
Department of Public Works and Buildings, Division of Highways). 

87. X..1851, p. 29. 

88. Bateman, Selby, and Strange, op. cit., p. 798. 

89. £.1837, p. 121-51. 

90. Reynolds, op. cit., p. 324, 325. 

91. County Court Record, v. 1, p. 59, 75, 87. 

92. Perrin, op. cit., p. 202, 203. 

93. Bateman, Selby, and Strange, op. cit., p. 798, 799. 

94. Farm, Home and Comiunnlty, p. 49. 



Eistorical Sketch 

county.'' As in the rest of the state, there is a definite trend in Mont- 
gomery County toward increased acreage in soybean cultivation. In 
1922, there were only 5,000 acres of soybeans; a constant yearly in- 
crease of that readily marketable product brought the soybean acreage 
in the county to 29,400 in 1934.'^ The average yield for crops in the 
county over a period of ten years, 1924-1933, was as follows: bushels of 
corn per acre, 26.5; oats, 24.5; barley, 21.9; tons per acre of tame hay, 
1.10."" The back-to-the-farm movement in the county was given con- 
siderable impetus by the economic depression occurring between 1930 
and 1935. In 1930 there were 2,881 farms in operation, comprising 88.4 
per cent of the land; in 1935, the number of farms increased to 3,166, 
comprising 93.9 per cent."^ Owners operated 43.9 per cent of the farms 
in 1930, while 55.3 per cent were operated by tenants, and .8 per cent 
by managers."" The average taxes on land and buildings in 1939 was 
ninety-four cents per acre.'™ 
Industries 

It is to be expected that in an agricultural county such as Mont- 
gomery few other industries would attain to large proportions; also 
that scattered, small-scale industries would either consolidate or die 
out altogether as good transportation facilities brought the larger in- 
dustrial centers of the state within easy reach of the people. The first 
industries to be established in Montgomery in the early pioneer days 
were taverns and general stores. These were licensed by the county 
board, the fees, which were from $3.00 to $6.00 per year for taverns, and 
from $10.00 to $12.00 for retail businesses,"' contributing to the county 
revenue. One of the first store licenses was issued in March, 1822, to 
Robert Anderson, permitting him to retail "spirits and such other 
articles as he may deem fit," at the house of Aron Hale in Hillsboro. 
Tliis was one of the few places where liquor was sold that was "not 
intended for the entertaining of persons for lodging or keeping of 
horses.""- Ordinarily taverns were public service enterprises compar- 
able to our modern hotels. Travelers depended on them for food and 
accommodations for themselves and their beasts; the rates chargeable 
by taverns were fixed by the court. A schedule of rates fixed in 
Montgomery County in 1823, permitted the tavern keeper to demand 
and receive the following amounts:"' 

Whiskey, per half pint 18% 

Breakfast, dinner and supper, each 25 

Horse, per night 50 

Per single feed 25 

Rum, Wine and French brandy, ^2 pt 50 

Cider, per quart 25 



95. 


Farm, Home aud Community, p. 16. 


96. 


ibid., p. 33. 


97. 


Ibid., p. 17. 


98. 


Ibid., p. 3. 


99. 


Ibid., p. 51. 


100. 


Ibid, p. 52. 


101. 


County Court Record, v. A, p. 25, 53, 105, 198. 


102. 


Ibid., p. 12. 


103. 


Ibid., p. 18. 



—19— 



irictorical Sketch 

Lodging for man 12'^ 

The picture presented by Hillsboro is characteristic of the growth 
of early local industries. In 1836-37, the town had six merchandise 
•stores, two taverns, three blacksmiths, three carpenters, one cabinet 
maker, two physicians, two tanneries, one shoemaker, two tailors, one 
tinner, and a post office. These were supported by a village popula- 
tion of about three hundred and fifty inhabitants,' plus a large hin- 
terland. 

For a later period, Litchfield is typical of the small city with 
diversified independent industries; during the 1890's, when its popula- 
tion was about 5.000, it supported several flour mills, a can factory, 
foundry and machine shops, a broom factory, a brick and tile plant, 
and a factory for making gas lamps."'" Some of these industries have 
persisted to the present, but the aggregate of them has added little 
to the total wealth of the county compared with its agricultural 
products. 

Aside from agriculture, the only industry that has attained signifi- 
cant proportions is the mining of coal. Veins of coal were early dis- 
covered along Shoal Creek, on the south county line near Donnellson, 
and east of Litchfield, and were worked on a small scale for neighbor- 
hood purchasers. The idea of commercial production was late in 
developing. As recent as 1880 the difficulty of extracting the coal was 
thought to preclude coal mining for any purpose but local consump- 
tion."* With the development of railroad facilities, however, the possi- 
bilities of the mining industry expanded rapidly. Mines were opened 
throughout the county; among the most productive were those at 
Litchfield, including one mine within the corporate limits; on the 
Bond County line; at Nokomis in the northern part of the county; and 
in the vicinity of Hillsboro. By 1917 Montgomery ranked ninth in the 
coal-producing counties of the state."" In 1937, the three operating 
shipping coal mines situated near Hillsboro and Nokomis, produced a 
total" of 928,598 tons of coal."* This was a considerable drop from the 
boom period of 1929, when 1,866,886 tons were mined."* 

According to the 1930 census, the total number of persons employed 
in the county in all manufacturing industries was 3,785, of which 1,497 
were employed in mines, 687 in metals, and 676 in miscellaneous indus- 
tries. The total number for that year employed in all industries in- 
cluding agriculture, and the wholesale and retail trades was 12,398. 
The value of the manufacturing industries in 1935 was $3,429,911."" 

County Business 

The fiscal affairs of the county reflect the general economic and 
social changes. The earliest financial report, that for 1823, presented 

104. Peck, A Gazetteer of ZUinois, p. 220. 

105. Bateman, Selby, and Strange, op. cit., I, 340. 

106. Perrin, op. cit., p. 176, 177. 

107. Ernest Ludlow Bogart and Charles Manfred Thompson, The Industrial 
State (Chicago: A. C. McClurg & Co., 1922), p. 423. 

108. Coal Report, Illinois, 1937, p. 79, SO. 

109. Ibid., p. S6, 87. 

110. Survey of Illinois, 1935 (Washington: Resettlement Administration, lype- 
written), table K. 

— 20 — 



Historical Sketcli 

a balance in the county treasury of $81.98.'" In 1823 the tax rate was 
fifty cents on every $100 valuation of property. The taxable properties 
were horses, cattle over two years old, iron-bound wheel carriages, 
clocks, watches, deeded town lots, negroes and mulattoes,'" and dis- 
tilleries."^ In 1834, there were 530 taxable persons in the county, whose 
tax assessments amounted to $492.06 V2."' With the completion of the 
railroad, property values and tax yields took a sudden, sharp upswing. 
In 1855, the total value of railroad properties in Montgomery was $865,- 
915.00, which yielded a tax to the state, schools and county of $9,265.20. 
In the same year the value of real and personal property amounted 
to $1,997,152.00, taxed for $21,631.85."= 

After 1855, the first data on property valuation and assessments 
available for comparison with the earliest reports given in the records 
of the county, showed that in 1901 the total value of assessed lands, 
improved and unimproved, was $3,065,248."' In 1919 the assessed value 
of personal property was given as $5,339,472; the assessed value of 
lands was $13,108,802, and of town and city lots, $3,621,155."' The total 
of all taxable property in the county increased $20,072,277 in the period 
of 64 years. The income from this increase in the taxable wealth of 
the county was a basis for important social developments in the 
county. But there were even more significant increases in taxable 
wealth of the county from 1919 to 1927 when the assessed valuation 
for all property, state and locally assessed, was given as $41,257,000. 
The peak year of property valuation from the time the county was 
organized to the present, 1939, was 1927; from then on to the present 
there has been a steady devaluation, not based on depreciation, but on 
the causes which led to a general economic depression. The drop in 
property evaluation showed the following changes in assessed valua- 
tions: 1928, $40,264,000; 1931, $32,383,000; 1933, $26,787,000; 1934, $26,- 



111. County Court Record, v. A, p. 25. 

112. Slavery was introduced into Illinois in 1720 by Philip Francis Renault, 
a French settler, who brought with him five hundred slaves from San 
Domingo. The Ordinance of 17S7 expressly prohibited slavery in Illinois 
Territory tor the future — the prohibition did not affect slaves belonging 
to the French. After the organization of the Indiana Territory of which 
Illinois was a part, the Territorial legislature permitted a form of slavery 
known as indenture of servants. The indenture was for an agreed num- 
ber of years, at the expiration of which the slaves were freed. The chil- 
dren of the slaves were to serve their owners until the males reached 
tlie age of thirty-five, and the females thirty-two years. The state con- 
stitutions of 181S and 1848 prohibited the extension of slavery; the French, 
however, were still permitted to hold their slaves until the state Supreme 
Court in 1845 declared that no slavery could exist in the state. In 1810 
there were about 168 slaves in the Illinois Territory; in 1820, 917; in 
1830, 746. Reynolds, op, cit., p. 132, 133. 

113. County Court Record, v. A, p. 17,18. 

114. Ibid., p. 184. 

115. Ibid., V. 1, p. 214, 215. 

116. Proceeding's of the Illinois State Board of Equalization, Session of 1901, 
p. 16». V, 

117. First Annnal Report of Tax Commission of XlllnoiB, 1919, p. 40, 41. 

—21 — 



siBtorlcal Sketch 

764,000; and 1938, $15,951,224."' The total value of railroad properties 
of the county increased from $865,915 in 1855 to the peak valuation of 
$7,795,000 in 1927; it dropped from that high fig*ure to $5,030,000 in 
1934 as a result of the general deflation process. The taxable value of 
the current wealth of the county dropped below the total assessed 
value in 1919, which amount was $22,069,429. The significance of these 
fluctuations in the values of accumulated wealth is recorded in the an- 
nual tax yield which is used to maintain schools, roads, bridges, health 
programs and other social and collective enterprises of a county com 
munity, or administrative unit of state government. Social progress 
requires stable economic conditions. 

SOCIAL DEVELOPMENT 

Education 

Methods of education among the early settlers of the county were 
as primitive as their methods of farming and manufacture. Particu- 
larly among the emigrants from the south, "book larnin' " was eon- 
$idered an unnecessary adjunct to living, to be indulged in only when 
there was time left over from the essential occupations. In the more 
progressive homes, particularly those of northern settlers, the father, 
mother, or an unmarried relative taught the children to read, write, 
spell, and do sums in the winter evenings. 

But wise provision had been made, at the very birth of the state, 
for the education of its inhabitants. In the act admitting Illinois 
into the Union, the United States Congress granted to the state the 
sixteenth section in every township for the exclusive use of schools.'" 
The total acreage for the state of the sixteenth sections was 977,457.'" 
Because of a lack of funds in the early years of the counties, these 
lands were sold and the interest from the proceeds used for school 
purposes. In a session of the legislature in 1829, one of the arguments 
used in favor of selling the school lands was that the children of the 
pioneers who had struggled to build up the country were entitled to 
benefit from these lands."' To obtain funds for the establishment of 
a school, it was necessary for the inhabitants in any settlement in a 
county to organize themselves into a school district and employ a 
teacher. The teacher was required by the school commissioner to keep 
a list of the number of pupils under his care and a record of their 
attendance, but he was not required to qualify by an examination. 
The result of this system was that the majority of the teachers were 
scarcely more competent to teach children than the relatives 
who had preceded them.'" The first school district in Montgomery 
County was organized in Hillsboro on September 5, 1825."' However, 
a school had existed in the region as early as 1818, before the organiz- 
ation of the county; it was the customary subscription school, each 



118. sixteenth Annual Report of the zmnois Tax Commission, A.ssessment 
Year 1934, p. 260; XUlnois Tax Commission Report, Assessment Year 1938. 

119. 3 U. S. Stat. L. 42S. 

120. Peck, A Gazetteer of nUnois, p. 65. 

121. Reynolds, op. cit.. p. ISO, ISl. 

122. Peck, A Gazetteer of Illinois, p. 65; Reynolds, op. cit., p. 6. 

123. County Court Record, v. A, p. 50. 

—22— 



Historical Sketch 

patron paying the teacher from $1.50 to $2.00 for a term of three 
months.''' Elementary education depended upon this type of school 
and upon the funds realized from the sale of school lands until 1855, 
when, in the face of considerable opposition, the legislature passed an 
act providing for state and local taxation to maintain schools.'" 

Secondary education, as it is known today, was not a part of the 
public school system, although occasionally a teacher of more than 
ordinary attainments and ambition taught a smattering of algebra, 
geometry, or Latin to his advanced pupils. The need for "higher" 
education was recognized, and was met by the establishment of 
academies, usually under the auspices of one of the religious denom- 
inations, and endowed by private persons. In Montgomery County, 
John Tillson, together with a few other forward-looking citizens, es- 
tablished the Hillsboro Academy in 1835. Tillson subscribed $6,000 of 
the $8,000 of stock, and in addition donated the land on which the 
academy was built, guaranteed the teachers their pay, and gave the 
school a piano and the necessary school apparatus. The architect of 
the building, which was for that time a magnificent structure, was 
Doctor Shurtleff, later the founder of Shurtleff College of Alton. 
When financial reverses made it impossible for Tillson to continue his 
support, the academy was absorbed by a group of Lutherans who 
renamed it the Lutheran College. In 1852, the college was removed 
to Springfield, where it existed for some time under the name of the 
Illinois University."* The establishment of free high schools after 
1870 provided secondary education without cost and gradually replaced 
the privately endowed academies. 

From 1855 on, the development of schools and education in the 
county was rapid. In that year, the first in which a school tax was 
levied, the state school tax alone in the county amounted to $5,726.13.'-' 
In 1862, the county employed 148 teachers, and the receipts for school 
purposes in that year amounted to $16,394."* In 1881, sixty years after 
the establishment of the county, there were 136 school districts in 
Montgomery, and 135 school houses attended by 7,157 pupils. Teachers 
employed in that year numbered 219, and the estimated value of school 
property in the county amounted to $162,275."' By 1934, the value 
of school property in Montgomery amounted to $4,253,995; school 
expenses for that year were $320,301; school enrollment was 7,653, of 
which 1,720 pupils were enrolled in high schools. In that year, 372 
students graduated from high schools; the average annual attendance 
of Montgomery County youth in the University of Illinois for the 
ten-year period 1923-1932 was 64. The result of this increasing em- 
phasis on education is that the percentage of illiteracy in Montgomery 
County is relatively low. In 1934 only 1.6 per cent of all people in the 
county were unable to read and write."" 



124. Perrin, op. cit., p. 195. 

125. Im. 1855, p. 51-91. 

126. Bateman, Selby, and Strange, op. cit., II, 794,795. 

127. County Court Record, v. 1, p. 214,215. 

12S. nUnoiB State Gazetteer and Bnsiness Directory, 1864-5 (Chicago: J. C. W. 
Biiilpy, 1S64), p. S3. 

129. Perrin, op. cit., p. 196-197. 

130. T&rm, Home and Community, p. 60. 

—23— 



Historical Sketch 

Religious Activities 

In contrast with most of the counties formed during territorial 
days, Montgomery County had religious services, and even a meeting 
house, early in its history. Many of the early settlers had deep- 
rooted religious inclinations, though at first tnere was little opportun- 
ity for worship. Occasionally some leading man in a community 
would preach at a meeting held at one of the homes, and the members 
of the congregation would offer prayers and testimony. There is a 
tradition, fairly well substantiated, that the first regular preaching 
service in the county was held in 1817. The preacher was the Reverend 
James Street, and the meeting was held in the house of David McCoy 
in what is now Hillsboro township."' The Methodists and Baptists 
were the first Protestant denominations to establish churches in the 
state; the first Methodist conference for Illinois was formed in 1803, 
although congregations and "classes" had met together earlier. The 
Baptists came in a few years later. It was the latter denomination 
that built the first church in Montgomery County, in 1818, with the 
Rev. Henry Sears as its first resident preacher. It was a primitive log 
structure on the banks of Hurricane Creek; like the cabins of the 
settlers, its cracks were daubed with mud, and the windows covered 
with oiled paper. The pews or "benches'* were of split logs. Morning, 
afternoon, and sometimes evening services were held; the settlers 
drove in from miles around, bringing food with them, and making an 
all-day occasion of the meeting. Believers were baptized in the waters 
of the creek. In 1822, a Baptist church was org-anized at Clear 
Spring; two years later a Methodist church was established in Hills- 
boro. As settlements grew into villages and towns, other groups were 
formed throughout the county. 

The adherents of these groups were largely the southern element; 
the emigrants from the New England states were Presbyterians and 
Congregationalists. These two denominations, during the first years 
of the nineteenth century, had an agreement by which they worked 
together, the same church and minister serving the people of both 
faiths. In Montgomery County, these groups worshipped under the 
auspices of the Presbyterian Church. The Reverend Jesse Townsend 
is reputed to have been the first resident minister; one of the first 
churches to be built was that in East Fork in 1830, with the Reverend 
Joel Knight as minister. Waveland had a Presbyterian church in 
1848, and Bear Creek in 1857; others were organized as the population 
of the county increased. 

The Lutheran church came into the county with the German set- 
tlers. A large number of these people had left their Fatherland in the 
1820's and '30's, because of the bad economic conditions prevailing after 
the end of the Napoleonic wars; coming to Illinois, they settled origin- 
ally in St. Clair and Fayette counties, and from there spread out over 
the state. A Lutheran church was established in Hillsboro as early 
as 1834; the Reverend Daniel Scherer is reputed to have been its first 
minister. Among other early churches of this faith, are the church 
at Irving, organized in 1858, and the one at Nokomis, in 1860. 

A small group of Unitarians maintained a church in the county 

131. Bateman, Selby, and Strange, op. cit., I, 194. 



Historical Sketch 

for a time, but abandoned it about the time of the outbreak of the 
Civil War. 

A group which entered the county somewhat later, and which 
attained considerable importance in numbers and influence, was the 
Disciples of Christ, or Christian Church. Between 1853 and 1905, 
churches were organized in Irving, Litchfield, Sulphur Springs, Ray- 
mond, Walshville, Barnett, Harvel, Waggoner, Pleasant Hill, and 
Hillsboro. 

During the early years of the county, the churches provided the 
chief source of intellectual stimulation, as well as much of the social 
life of the community. It is true that among the pioneer preachers 
were untutored, and sometimes fanatical individuals, but there wer? 
also men in all denominations who had received excellent training and 
reached high intellectual attainments in the states from which they 
had come. The earnestness of their efforts, and their influence on 
the moral life of the community cannot be gainsaid. The churches 
were foremost in promoting education for youth; on the issues of 
slavery, temperance, and even suffrage for women, the attitude of the 
community was largely determined by the position taken by the 
churches.''" 

Public Assistance 

One measure of the social advance of a people or a community is 
the provision made for the care of its less fortunate individuals — the 
indigent and the physically and mentally handicapped. At the time 
of the organization of Montgomery County, its paupers were under the 
supervision of overseers of the poor, one of whom was appointed for 
each district or precinct by the county commissioners' court. It was 
the overseers' duty to investigate the cases and report to the court.'" 
The poor person was given cax'e — consisting of food, shelter, and a 
minimum amount of clothing — by some person in the county who con- 
tracted with the court; the contract was let to the lowest bidder, and 
the transaction was spoken of as "farming out the paupers.'"'" The 
only distinction made between the healthy poor, able to work for their 
"board and keep," and those who were insane, feeble-minded, ill, or 
crippled, was that the person caring for the handicapped received a 
larger sum from the county. Thirteen dollars for a quarter of a year 
was considered fair compensation for the care of a healthy pauper.''' 
Children of poor families were "bound out" by articles of indenture 
under which they served a specified number of years, and supposedly 



132. Sources for this account of religious activities are: Bateman, Sell)y. niHl 
Strange, op. cit., p. 194; Peter Cartwright, Autobiography of Peter Cart- 
wrigfht, the Backwoods Preacher (Cincinnati: Cranston and Curts, 1S5G; 
New York: TTunt and Eaton, 1S56); Carrie Prudence Kofoid. "Puritan In- 
fluences in tlie Formative Years of Illinois" in Publication No. 10, Illinois 
State Historical Library (Springfield: Illinois State .Journal, ISOC), p. 2G1- 
339; data drawn from cliurch records within the county. 

133. Iiaws of the Territory of Illinois, ed. Nathaniel Pope (Kaskaskia: Matthew 
Duncan, 1S15), II, 498; County Court Record, v. A. p. 6,32. 

134. County Court Record, v. A, p. 286. 
13.5. Ibid., p. 129. 

—25— 



Historical Sketch 

were taught a trade."* 

As the population of the county increased, and the number of poor 
increased in proportion, this system was felt to be too cumbersome 
and expensive to continue. The court decided to congregate the 
county poor on a farm, and to that end purchased a tract of land for 
$900."' For some reason, however, this project never developed. The 
farm was rented out from the time of its purchase to 1854, when it 
wai sold.'** The poor continued to be cared for privately."'-' 

The first poor farm on which buildings were erected and the poor 
of the county actually given care, was purchased in 1874. The farm, 
a two hundred and sixty-eight acre tract purchased from O. Blackman, 
is situated in East Fork Township, about three miles south of Hills- 
boro.'*" The plan was to have the inmates of the farm produce their 
sustenance by their own labor. At first the poor farm sheltered all 
types of indigents alike, the insane, feeble-minded, and the sick with 
the well. Later it became possible, through provisions of state laws, to 
send the feeble-minded and insane, after their condition had been 
passed upon by the county court, to institutions designed especially 
for their care. 

The services of a county physician were provided to care for the 
medical needs of the county's poor, both the residents of the county 
home and those marginal families whose incomes never quite cover 
all the necessities. Those cases needing hospitalization are placed in 
local hospitals, the county assuming the responsibility of the charge. 
A special tuberculosis sanitarium board arranges for tubercular 
patients to be cared for in various institutions in the state. 

The special needs of the blind were recognized by the state in 
1903, when the blind pension was inaugurated.'" Since 1915 the county 
board of Montgomery has been issuing blind pensions.'"' 

Another group for which special provision was made was the ir- 
digent mothers of families. By a law enacted in 1913 a mother may 
receive support for herself and her fam.ily to the amount of $50 a 
month.'" Mothers' pensions have been issued in Montgomery County 
since 1913, the first decree having been issued December 2, 1913, and 
the first payment made January 10, 1914. Since that date, 343 mothers 
have drawn pension money in the county, amounting to $170,867.36.'" 

136. Ibid., p. 500. Indentuie of children was not confined to the poor. Any 
young person could be apprenticed in order to learn a trade. It is men- 
tioned here becau.se it was the usual method of caring for pauper chil- 
dren, and the abuse of the system was greater among that cla.ss. It was 
not unusual for the "bound-children" to be kept for years at menial tasks, 
and given neither general education nor training in a trade. Edward 
Eggleston, in The Hoosier Schoolmaster, gives an instance of thi.s kind, 
founded upon fact. 

137. Ibid., V. B, p. 272, 276. 

138. Ibid., V. 1, p. 27, 14S, 151. 

139. Ibid., p. 124. 

140. Perrin, op. cit., p. 191. 

141. X. 1903, p. 138. 

142. See entries 1."), 17, this Inventory. 

143. X;. 1913, p. 127. 

144. Figures compiled from mothers' pension records in county clerk's office. 
See entries 12. 16, 254, 2G7, this Inventory. 

— 26 — 



Kistorlcal Sketch 

Until the economic depression of the 1930's the poor in the county 
were persons who became helpless and dependent on county aid either 
through age or physical disability. To these the depression years 
added a class of people who needed temporary relief because of in- 
ability to secure employment through regular channels. As a conse- 
quence, the whole system of care of the indigent in Montgomery 
County, as well as throughout the nation, has undergone fundamental 
changes. The sources of funds for unemployment relief in the county 
for the year ending June 30, 1936, were Federal funds, 34 per cent; 
state funds, 62.9 per cent; local funds, 31 per cent. The funds were 
distributed for direct relief, 78 per cent; work relief, 11.8 per cent; ad- 
ministration, 10.2 per cent.'" In July, 1934, the number of resident 
families in Montgomery County receiving relief from public funds were 
2,128; it made a sharp drop to 766 families in June, 1936."° 

The Press 

The first newspaper published in Montgomery was the Prairie 
Beacon of Hillsboro which began its uncertain career in 1838 under the 
editorship of Aaron Clapp, an Eastern scholar. The lack of business 
and industrial support plus the very small circulation obtainable, made 
the continued publication of the paper unprofitable, and after about 
a year and a half of precarious life it ceased to exist."' 

For eleven years after the failure of the Beacon no newspaper was 
published in ^e county. In 1850, two young men, Frank and Cyrus 
Gilmore, established the Prairie Mirror in Hillsboro with Reverend 
Francis Springer as editor. While owned by the Gilmores the Mirror 
was a Whig paper. The following year when sold to William K. Jack- 
son, with C. D. Dickerson as editor, it became the exponent of the 
Know-Nothing Party. Since then the paper has undergone a number 
of changes in name, ownership, and political allegiance. In 1858 the 
name was changed to the Montgomery County Herald, and in 1858 it 
became politically independent. In 1860, with another change in 
ownership, the paper became and remained Democratic until 1874. 
The name was changed to the Hillsboro Democrat in 1868 and to the 
Anti-Monopolist in 1874. Three years later, as the Hillsboro Blade, its 
editorial policy veered to the Republican Party. Shortly afterward the 
name was changed to the Hillsboro Journal,"' under which name it 
has continued to the present. 

The Illinois Free Press came into being in Hillsboro in 1859 as a 
Republican organ, but not meeting with success, it suspended publica- 
tion in 1862. A year later it was revived as the Union Monitor; later, 
under the ownership of B. S. Hood, it was removed to Litchfield. The 
Free Press existed precariously for a number of years under various 
owners, but gave up the ghost finally in 1895."' 

In 1869, C. L. and E. T. Bangs, who were previously connected with 
the Monitor, brought out the Republican News Letter at Hillsboro. In 
1875 it changed hands, was renamed the Montgomery News, and 

145. Xlliuols Emergency Relief Commission, Biennial Report, 1034-3G, p. 209. 

146. Ibid., p. 174. 

147. Perrin, op. cit., p. 246. 

148. Ibid., p. 246, 247. 

149. Ibid., p. 247. 

— 27— 



Historical Sketch 

adopted a Democratic policy.'"^ The Montgomery News is still being 
published today. 

The Litchfield Journal began publication in 1857 under the editor- 
ship of H. A. Coolidge, an Eastern journalist who undertook the ven- 
ture at the solicitation of E. B. Litchfield. Some years later, ownership 
changed and with it the name to the Democrat; subsequent name 
changes were the Prairie City Advocate and the News; publication was 
suspended in 1866.'" The following year the Republican Monitor came 
out, becoming the Union Monitor four months later. '■■ 

The Free Press, organized in Nokomis in 1877, later consolidated 
with the Gazette of that city and continues as the Free Press-Progress 
up to the present. The Raymond Independent and the News Herald 
started publication in 1881; the Farmersville Post in 1902; and the 
Nokomis Free Press-Progress in 1918. Other papers in the county 
which existed for short periods were the Advertiser, Review, Montgom- 
ery County Democrat, Liberal, Gazette, and Bulletin. 

All but three of the twenty-five newspapers in Montgomery County 
listed here came into being during the sixties or seventies. At this 
time Illinois was fully settled and had taken its place as one of the 
most important states in the Union economically and politically. The 
end of the American frontier had almost been reached; transporta- 
tion, invention, and the new industrial civilization were reaching a 
bewildering development— all of which begged for crystalization. The 
man who thought he could interpret the new age to the generations 
v^hich up to then had lived a primitive, agrarian civilization, saved 
up a few dollars, found himself a community and brought out his 
Blade, Herald, or Mirror, in which he could depict for the public the 
new and fascinating times. Only a few of these papers survived, but 
considering the times during which they existed, it was inevitable that 
they all should have been born. 

POPULATION 

The population statistics of Montgomery County reflect an inter- 
esting progression of social and economic changes. When the county 
was organized in 1821, it had less than five hundred inhabitants; the 
1830 census showed a population of 2.953. Between 1350 and 1870, the 
twenty years of feverish railroad construction and of heavy foreign 
immigration, the population of Montgomery increased from 6.277 to 
25,314, almost 400 per cent. From then on the population increased 
steadily reaching 35,311 in 1910.' = Between 1910 and 1920, the period 
which included the World War and with the increased demand for 
and the resulting high prices of farm products, there was an increase 
in the population of the county of 6,092. Between 1920 and 1930, the 
decade of unprecedented industrial expansion which drew the rural 
youth to the industrial centers, the population made a sharp decline 



150. Perrin, op. cit., p. 246. 

151. Ibid., p. 293-295. 

152. Bateman, Selby, and Strange, op. cit., II, 703, 704. 

153. Population Bulletin, Illinois (Washington: Bureau of the Cen.sus, 1930), 

p. 2b. 



Historical Sketch 

for the first time in the history of the county, receding in 1930 to 
35,278.''' No authoritative figures on population are available from 
1930 to the present, but the increase in the number of farms and 
amount of land under cultivation indicates that the depression years 
resulted in a definite back-to-the-farm movement in Montgomery 
County. 

The main centers of population in the county are the cities of 
Litchfield with 6,612 inhabitants; Hillsboro, 4,435; Nokomis, 2,454; and 
Witt with 1,516. The balance is distributed between the fourteen vil- 
lages and more than three thousand farms."* 



154. Population Bulletin, Zlllnola, p. 28 

155. Ibid., p. 28, 29. 



—29 — 



(First entry, p. 88) 

2. GOVERNMENTAL ORGANIZATION AND 
RECORDS SYSTEM 

INTRODUCTION 

The county in Illinois is a corporate body' and an administrative 
unit of the state; its governmental organization is at all times largely 
an expression of this dual nature. 

The growth of the county as a body politic is reflected, in each of 
the state's three constitutional periods, in a progressive expansion of 
the powers which may by law be exercised by the county board, and in 
the creation of new, and the extension of existing county offices. The 
latter phase of growth in Montgomery County and in others similarly 
organized at present, has also been affected by the adoption of town- 
ship organization, which for the first time constituted the civil towns 
as an additional level of government. 

An analogous development appears in the state's invasion of new 
fields of government and the extension of the county's role as its 
agent. Originally, the county performed but a single important func- 
tion for the state, that of collecting its share of the taxes levied within 
the county. Since then, however, education, public health, registration 
of vital statistics, public assistance, and many similar if less important 
matters have entered the province of state control or supervision. To 
effect this control, new governmental units, subcounty districts of 
various types, have come into existence or have been converted to new 
purposes; the county, because of its intermediate position, has become 
more important as a medium of that control. 

Thus the complete operation of county government in Illinois 
brings into play a number of partly distinct authorities. Their rela- 
tionships, at any time, are complex. The changing governmental 
organization of Montgomei'y County, therefore, is easiest traced from 
the viewpoint of the major functions of county government. 

GENERAL ADMINISTRATION 

General administrative jurisdiction over county business has al- 
ways been vested in the county board. Under the first constitution, 
for all counties, the county commissioners' court acted as the county 
board.' It was expressly declared to have no original or appellate 
jurisdiction in civil or criminal actions, but had all power necessary 
to the exercise of its jurisdiction in cases concerning the public affairs 
of the county collectively." The commissioners were constitutional 
officers,' and elected;' the court existed solely by statutory provision.' 
Attached to it in a ministerial capacity was the independent statutory 
office of clerk of the county commissioners' court,' at first filled at 

1. B. X^. 1827, p. 107; B. S. 1845, p. 130; B. S. 1874, p. 306. 

2. Constitution of 1818, Schedule, sec. 4; Ii.l819, p. 175,176. 

3. z;..1819, p. 17ti. 

4. Con.stitutlon of 1818, Schedule, sec. 4. 

5. I.. 1819, p. 100; Z.. 1821, p. 100; B. Z^. 1837, p. 103, 104. 

6. l. 1819, p. 175. 

7. Ibid. 



Oovernmental Orgfanlzatlon 
and Records System 

the appointment of the court,' later by election.' 

Under the second constitution, the newly created county court 
succeeded to the position of the county commissioners' court.'" As an 
an administrative body," it was composed of the county judge, an 
elected, constitutional officer," and two justices of the peace, elected 
at large." Another new office, that of clerk of the county court, was 
created to provide it with a ministerial officer; the clerk also was 
elected." 

The Constitution of 1848 also made provision, for the first time, 
for an optional form of county government." The subsequent enabling 
acts'" provided that whenever the voters of a county might so deter- 
mine, that county should adopt township organization; one of the 
principal results of such a change was to alter the form of the county 
board." Montgomery County so elected in 1872, and in 1873 the county 
court was succeeded by a board of supervisors, composed of members 
elected, one in each of the several townships." The county clerk, 
whose office was created and made elective by the third constitution," 
was required by law to act as ministerial officer for the county board.'" 
Another significant change in the form of the county board has been 
the addition to its membership of assistant supervisors, elected from 
the various towns on the basis of population;" the assistant supervisors 
have no power or duties as town officers, but are members of the 
county board and as such enjoy the same powers and rights as other 
members." 



8. I.. 1819, p. 175 

9. R. Z;.1837, p. 49; Ii. 1845, p. 28. 

10. Constitution of 1848, Art. V, sec. 19; !■. 1849, p. 65. 

11. The county court was also a court of law. For its jurisdiction as such, 
see Administration of Justice, Courts, p. 35. 

12. Constitution of 1848, Art. V, sec. 17. 
1.-?. Ibid., Art. V, sec. 19; !•. 1849, p. 65,66. 

14. Constitution of 1848, Art. V. sec. 19; Ii. 1849, p. 63. 

15. Constitution of 1848, Art. VII, sec. 6. 

16. The original enabling act of 1849 (£.1849, p. 190-224) was repealed two 
years later by a more comprehensive but essentially similar law (!■. 1851 
p. 35-78). 

17. Other effects of the change, within the sphere of county government, 
proper, appear with regard to the taxation procedure. See Finances, 
p. 33. 

18. Constitution of 1848, Art. VII, sec. 6; I.. 1851, p. 38,50-52; 
Constitution of 1870, Art. X, sec. 5. ^ 

10. Constitution of 1870, Art. X, sec. 8. 

20. 'B. S. 1874, p. 322. 

21. ». S. 1874, p. 1080; Ii. 1925, p. 605; I..1929, p. 774; i. 1931, p. 905-10; I.. 1933, 
p. 1115, 1116. 

22. B. S. 1874, p. 1080. 



eovemmental Orgranlzatlon 
»ad Becords System 

The Constitution of 1870 also provided a new form of county board 
in counties not under township organization. This board was to be 
composed of three officers, styled commissioners, who would transact 
all county business as provided by law.' Subsequent legislation 
granted to the board of county commissioners all powers and duties 
formerly exercised by the county court when acting in its administra- 
tive capacity.'* These laws were ineffective in Montgomery since this 
county has retained township organization since its institution in 1873. 

Concurrent with the changing organization of the county board 
is an expansion of its functions without, however, considerable exten- 
sion beyond the original jurisdiction conferred upon the county com- 
missioners' court. The authority of that body extended to the imposi- 
tion and regulation of taxes,'' a limited but increasing management 
of county property," and a growing fiscal control, stringent in regard 
to tax collections,-' sporadic in its check on the expenditures of other 
county offices."* The court additionally had power to appoint judges 
of election,-' select juries,'" and, with limitations, to provide for the 
construction and maintenance of roads and bridges." Poor relief '= and 
a tentative supervision of education" also fell within its general ad- 
ministrative jurisdiction. 

The effect of subsequent legislation, in the main, has only been to 
broaden that jurisdiction. The county board has been given full power 
to purchase, contract for, dispose of, and make regulations concerning 
all real and personal property of the county." It is now required also 
to audit all claims against the county and the accounts of such officers 
as are not provided for by law.'' Otherwise, the changes in form of 



23. Constitutioa of 1870, Art. X, -sec. 6. 

24. I.. 1873-74, p. 79. 

25. I.. 1819, p. 175. 

26. Ibid., p. 237,238; Ii. 1842-43, p. 128. 

27. Zi. 1819, p. 238, 318; Z.. 1823, p. 208; B. !•. 1827, p. 373, 375; K. Zi. 1829, p. 121; 
I.. 1842-43, p. 112; I.. 1845, p. 11, 12. 

28. B. !•. 1827, p. 366; !•. 1831, p. 175. 

29. I.. 1819, p. 90. 

30. Ibid., p. 255; !•. 1823, p. 182. 

31. Either by calling able-bodied men of the county for labor, or by raising 
bond issues by subscription (I.. 1819, p. 333.334,336,337.343: Z..1821, p. 
167; 1.. 1825, p. 130-33). 

32. X.1819, p. 127; 11.1839, p. 138.139. 

33. B. S. 1845, p. 500, 501. 

34. Ii. 1851, p. 50, 51; !•. 1861, p. 235, 236; B. S. 1874, p. 306. 307; Zi. 1911, p. 245. 
246; Zi. 1923, p. 304. 305: Z.. 1937, p. 453, 454. 

35. Zi. 1851, p. 51; B. S. 1874, p. 307; Zi. 1923, p. 299. 



Oovenunental Organization 
and Records System 

the county board in Montgomery County have not materially affected 
the general administrative Jurisdiction of that body." 

FINANCES 

In Illinois counties, there has always been a close relationship 
between the taxation processes and fiscal control. This circumstance, 
as well as frequent evidence of the county board's ultimate control in 
such matters, appears in a resume of the legal status and duties of 
the officers involved. 

Taxation 

The assessment function in taxation was delegated by the first 
General Assembly to the county treasurer, a statutory officer appointed 
by the county commissioners' court." The administrative body, within 
statutory limits, fixed the amount of the levy, while the value of many 
categories of real and personal property was fixed by law; however, a 
limited discretion was left to the assessing officer.'' In 1825 assess- 
ments were made by the county assessor, also an appointee of the 
county commissioners' court.'' This duty reverted to the county treas- 
urer in 1827'" and continued to be vested in that office until 1839, when 
the General Assembly provided for the appointment by the county 
commissioners' court of district assessors, not to exceed one in every 
justice's district." The earlier system was reestablished in 1844, with 
the treasurer, however, now having the status of ex-officio county 
assessor.'- Since 1873, the date of the institution of township organiza- 
tion in Montgomery County, the assessment function has been per- 
formed on the lower governmental level by town assessors, elected 
one in each township." Today, the principal duties of the assessing 
officers, taken together, are to bring up to date each year the periodic 
assessment of real property, to take current lists of, and appraise 
personal property and special categories of other property." The 
treasurer now has the status of ex-officio supervisor of assessments." 

The functions which today fall within the scope of the board of 
review were originally dispersed and attenuated. In the first consti- 
tutional period, it was left to interested individuals or parties to report 
property omitted from assessment; the county commissioners' court 

~Jq. cf. this running summary with R. S. 1874, p. 300,307, and R. S. 1937, 
p. 910-12. 

37. I.. 1819, p. 315. 

38. Ibid., p. 313,319; i. 1825, p. 173: I.. 1839, p. 4-6: I.. 1840, p. 4: I.. 134b 
p. 6. 

39. Ii. 1825, p. 173. 

40. R.I,. 1827, p. 330. 

41. Ii. 1839, p. 4. 

42. Xi. 1843, p. 231. 

43. I.. 1851, p. 3S; L. 1871-72, p. 20-24. 

44. 1.1853, p. 16,17: I.. 1855, p. IS. 24, 55; I.. 1871-72, p. 11.14,15.19,23; I.. 1873. 
p. 51;!.. 1879, p. 241-45; 1. 1881, p. 133: I.. 1885, p. 234; I.. 1895, p. 300. 3(»1 : 
I.. 1905, p. 360; l. 1915, p. 568; I.. 1923, p. 495. 500; I.. 1927, p. 774; I.. 1931-32, 
First Sp. Sess., p. 69. 

45. Xi. 1898, p. 36-44. 



Oorenunental Org-anlzatlon 
and Xecordg System 

could hear appeals from assessments, but there was no provision for 
their equalization by districts." During the second constitutional 
period, appeals, in Montgomery County, were made to the county 
court." After the institution of township organization in 1873. town 
boards were empowered to revise the assessments within their own 
jurisdiction, and the county board was required to meet annually to 
assess omitted property, review assessments upon complaint, and 
equalize valuations between towns." In 1898 this authority of the 
county board was transferred to the newly created board of review, 
composed of the chairman of the county board as ex-ofRcio chairman, 
the county clerk as ex-officio clerk, and an additional member ap- 
pointed by the county judge." In 1923 the county clerk was replaced 
by another member appointed by the county judge;'" the board of 
review now appoints its own clerk." 

The collection function was originally performed in all counties by 
the sheriff, an elected constitutional officer." Its nature has changed 
little since that time. Essentially, the collecting officer collects taxes 
according to information originating outside his jurisdiction, pays over 
such sums to authorities designated by statute to receive them, and 
reports on payments of taxes and delinquencies.'' In 1839. by a de- 
velopment analogous to that which occurred with regard to assess- 
ments, the county board extended its control to appoint a regular 
county collector." Soon after, the law reverted to the earlier situation, 
with the sheriff acting as ex-officio collector.""' This situation con- 
tinued until Montgomery County adopted township organization when 
town collectors were elected, one in each township,'" and the county 
treasurer became ex-officio county collector." The town officers paid 
over their collections directly to the county officer, and supplied the 
basic information for the latter's summary report of collections in the 
county."' In 1917 the town office of collector was abolished in coun- 
ties the size of Montgomery, and the county collector became ex-officio 
town collector, assuming all duties previously assigned to the latter 
officer.'' 

Coordination of the taxation processes has always been affected by 
the county clerk or his predecessors. The assessment books are made 
out by the clerk, and returned to him by the assessor; similarly, the 

46. I.. 1819, p. 316: B.Z..1827, p. 330; Z.. 1839, p. 7; Zi. 1843, p. 239; I.. 1845, p. 8. 

47. Ii. 1849, p. 65. 

48. I.. 1851, p. 56,57; I.. 1871-72, p. 21.22.24,25. 

49. I.. 1898, p. 46. 

50. Z.. 1923, p. 496; I.. 1932, p. 75. 

51. Ii. 1923, p. 496. 497. 

52. Constitution of 181S, Art. ITT, .sec. 11; Ii. 1819, p. 310. 

53. Zi.l819, p. 316-18; !•. 1821, p. 182,183; B. l. 1827, p. 3r;2. 333; B. I.. 1329. p. 
118,121-23; I.. 1831, p. 125; B. I.. 1837, p. 581,582; I.. 1839, p. 7-12; I.. 1843, 
p. 243; I.. 1845, p. 11; I.. 1847, p. 81; L. 1871-72, p. 55,57,58. 

54. I.. 1838-39, p. 7. 

55. Zi. 1843, p. 234. 

56. I.. 1849, p. 192; Zi. 1851, p. 38. 

57. Ii. 1853, p. 67. 

58. I.. 1871-72, p. 41, 56. 57. 

59. i. 1917, p. 793. 



Governmental Or^nization 
and Becords SyBtem 

collector reports on collections on delinquent property; finally, the 
treasurer's receipts to the collector for taxes paid come into his pos- 
session, and the centralization of records concerning the basic taxa- 
tion procedure is completed.'^" 

Fiscal Control 

The fiduciary function in county finances is performed by the 
county treasurer alone. The duties of the office have remained sub- 
stantially the same since its creation; namely, to receive, principally 
from the collectors of taxes, the revenue of the county; to have cus- 
tody of its funds; and to disburse funds only on specific authorization 
by law, or in accordance with the order of the county board.^ Through 
this last requirement, and that of the treasurer to report periodically 
to the board on the transactions of his office, in addition to his regular 
settlement with it, the lines of financial authority once more lead 
to the county board." 

ADMINISTRATION OF JUSTICE 

Courts 

Justice, in Illinois counties, has been administered by a con- 
stantly increasing number of bodies. The Constitution of 1818 vested 
the judicial powers of the state in a Supreme Court and such inferior 
courts as the General Assembly should ordain and establish; required 
the Supreme Court justices to hold circuit courts in the several coun- 
ties; and provided for the appointment, in such manner and with 
such powers and duties as the General Assembly should direct, of a 
competent number of justices of the peace in each county." 

Federal statutes already allowed circuit courts, in all states, juris- 
diction over the naturalization of aliens ;"' the first state legislature 
additionally conferred jurisdiction over all causes at common law and 
chancery and over all cases of treason, felony, and other crimes and 
misdemeanors."'' The legislature further required that two terms of 
a circuit court be held in each county annually by one of the Supreme 
Court justices,'" but in 1824 provision was made for the holding of cir- 
cuit courts by separate circuit court judges, to be appointed, as were 
the Supreme Court justices, by both branches of the General Assem- 

60. I.. 1819, p. 317; B. 1. 1827, p. 373; B. I.. 1837, p. 582; I.. 1839, p. 8-12;!. 1840 
p. 3; 1^.1845, p. 9, 11; t. 1853, p. 66, 77, 111; X;. 1871-72, p. 32, 34.35, 46, 56-58; 
I.. 1873-74, p. 51; Zi. 1911, p. 485; L. 1917, p. 654; £.1919, p. 765; £.1931, 
p. 747. 

61. £.1819, p. 315, 316; B. S. 1845, p. 138; Zi. 1861, p. 239; B. S. 1874, p. 323, 324. 

62. Z.. 1819, p. 318; B. I.. 1837, p. 582.583; £.1845, p. 33; B. S. 1845, p. 138.139; 
£.1861, p. 239,240; B. S. 1874, p. 323,324. 

63. Constitution of 1818, Art. IV, sec. 1,4,8. 

64. 2 U. S. Stat. L. 153-55. 

65. £. 1819, p. 380. 

66. Ibid., p. 37S. 

—35 — 



Qovernjuental Orgranization 
and Records System 

bly, and to hold office during good behavior." In 1827 the General 
Assembly repealed the 1824 law, and again provided for circuit courts 
to be held by Supreme Court justices."* At the next session of the 
legislature, when a new circuit was established, provision was made 
for the appointment of a circuit judge to act therein."' At that time, 
therefore, the circuit courts were held by Supreme Court justices in 
four judicial circuits and by a circuit judge in the fifth."' A change 
was made again in 1835, when power to hold circuit courts was taken 
away from the Supreme Court justices and provision was made for 
the appointment of five circuit judges, in addition to the one already 
authorized to hold circuit courts." The six judicial circuits existing 
at that time were supplemented during the next few years by the 
creation of new circuits," so that they numbered nine in 1841 when 
the office of circuit judge was again abolished and the Supreme Court 
justices, also increased to nine, were required to hold circuit courts." 

The authority of justices of the peace was limited by law to juris- 
diction in specified civil cases and in misdemeanors, with appeals 
allowed from their judgments to the circuit court." The power of 
appointment, the legislature at first reserved to itself;" in 1827, how- 
ever, justices of the peace were required to be elected, two in each of 
such districts as should be determined within statutory limits by the 
county commissioners' court." Jurisdiction over probate matters was 
at the outset delegated to the county commissioners' court." By act 
of the next General Assembly, it was transferred to the court of pro- 
bate,'" consisting in each county of one judge appointed by the General 
Assembly." As a result of the substitution in 1837 of probate justices 
of the peace for the judges of probate,'" jurisdiction over probate mat- 



67. Ii.l824, p. 41. The Constitution of 1818, which had required that Supreme 
Court justices be appointed by the General Assembly, further provided 
that they should not, after the first session of the legislature subsequent 
to January 1, 1824, hold circuit courts unless required to do so by law 
(Art. IV, sec. 4). 

68. R. I.. 1827, p. 118, 119. 

69. R. Ii. 1829, p. 38. 

70. Ibid., p. 42, 48. 

71. L. 1835, p. 150. 

72. L. 1837, p. 113; X>. 1838-39, p. 155. 

73. I.. 1841, p. 173. 

74. L. 1819, p. 185, 192, 195. 

75. 11. id., 1). 22. 

76. R. £. 1827, p. 255,256. Since 1821, however, the county commissioners' 
court had been required to establish such districts, which also constituted 
general election precincts (Z,. 1821, p. 74). For changes in the statutory 
limitations of thi.s power of the court, see R. Ii.l827, p. 255, and R. Xi.l829, 
p. 93. 

77. L. 1819, p. 223-33. 
7s. Z.. 1821, p. 121. 

79. Ibid., p. 119. The Constitution of 1818 (Art. IV, sec. 4) had also designated 
this manner of election for judges of all inferior courts. 

80. Z.. 1837, p. 176, 177. 



Governmental Orgranlzation 
and Records System 

ters for the first time was placed in the hands of elected officers." 

The county court was the creation of the second constitution,"* 
which also made circuit judges elected officers." With regard to the 
new court, it was further provided by law that it should be held in 
each county by a single elected officer, the county judge." Its author- 
ity was extended to jurisdiction in all probate matters, and to such 
jurisdiction in civil and criminal cases as might be conferred by the 
General Assembly." In pursuance of this latter provision, the county 
court was first given the same civD and criminal jurisdiction as justices 
of the peace;**" at the same session of the General Assembly, however: 
it was declared that county judges when exercising this jurisdiction, 
acted only in the capacity of justices of the peace." Until the next 
constitutional period, the county court, as such, was given jurisdiction 
only in a limited number of special actions;** it was, however, con- 
sidered entitled to equal jurisdiction with the circuit court over natur- 
alization."" In this same period, provision was made for increasing, 
on the basis of population, the number of justices of the peace to be 
elected in each district. In Montgomery County, and others similarly 
organized, one additional justice of the peace is now elected for every 
one thousand inhabitants exceeding two thousand inhabitants in each 
town.**" 

Provision was first made by the Constitution of 1870 for the es- 
tablishment by the General Assembly of an independent probate court 
in each county having a population of more than fifty thousand in- 
habitants."' As first established by statute, the new courts were to 
be formed in counties of one hundred thousand or more inhabitants.'* 
This population requirement was lowered to seventy thousand in 
1881."^ The population of Montgomery County not having reached 
this figure, jurisdiction over probate matters has continued to be 
vested in the county court in accordance with constitutional provision 
to that effect."' The county court, early in this period, was given con- 



si. The Constitution of 1818 (Art. IV, sec. 8) had reserved to the General 
Assembly the right to prescribe the manner of appointment of justices of 
the peace. 

82. Constitution of 1848, Art. V, sec. 1, 16. 

53. Ibid., Art. V, sec. 7, 15. 

54. Ibid., Art. V, sec. 17. 

85. Ibid., Art. V, sec. 18. 

86. 1^.1849, p. 65. 

87. Ibid. 

88. Ibid., p. 65, 66; J,. 1853, p. 103; 1. 1861, p. 171, 172. 

89. 2 U. S. Stat. L. 155. 

90. I: 1854, p. 30. No more than five justices, however, may be elected from 
any town or election precinct. 

91. Constitution of 1870, Art. VI, sec. 20. 

92. Ii. 1877, p. 79, 80. 

93. Ii. 1881, p. 72. In 1933, the act of 1877 was further amended to make the 
establishment of an independent probate court mandatory in counties hav- 
ing a population of eighty-five thousand or more, and optional in counties 
having a population of between seventy thousand and eighty-five thousand 
(L. 1933, p. 458). 

94. Constitution of 1870, Art. VI, sec. 18. 

—37— 



aovernmental Orgranlzatlon 
aad Becordfl System 

current jurisdiction with the circuit court in appeals from justices of 
the peace;" its original jurisdiction was extended to be equal with 
that of the circuit court in all that class of cases cognizable by justices 
of the peace"^ and involving in controversy sums not exceeding $500." 
In 1906, however, it lost its naturalization jurisdiction since it failed 
to meet the additional requirement of Federal legislation that it 
possess jurisdiction at law without limitation upon amounts in con- 
troversy."' The present constitution, also, for the first time, directed 
the manner in which the General Assembly should establish judicial 
circuits, requiring that circuits be formed of contiguous counties and 
that they should not exceed in number one circuit for every one hun- 
dred thousand of population of the state." At present there are 
eighteen circuits in Illinois, and Montgomery County is attached to 
the fourth circuit."" 

Clerks of Courts 

The clerk of the circuit court under the Constitution of 1818, was 
to be appointed by a majority of the justices of that court.'" Since 
1849, however, by provisions of the constitutions of 1848 and 1870. the 
office has been filled by election.'"' The office of clerk of the county 
court, which was an independent elective office under the second con- 
stitution,"" is now filled in an ex-officio capacity by the county 
clerk"" who is also required by constitutional provision to be elected.'"' 
The county commisssioners' court, which for a brief period held juris- 
diction over probate matters, had its own clerk who was at that time 
appointed by the court."^ Probate judges and justices of the peace 
who subsequently held probate jurisdiction, were required to act as 
their own clerks."" With the transfer of probate jurisdiction to the 
county court, the clerk of the county court was required to keep, sep- 
arately, records of probate proceedings and business."" In Montgom- 
ery County where the county court still retains probate jurisdiction, 
the county clerk serves it in these matters in his capacity as ex-officio 
clerk of the county court.'"' Justices of the peace have always been 

95. Ii. 1895, p. 212. 223. 

96. The Jurisdiction of justices has also been progressively increased during 
this period. See !•. 1871-72, p. 524: !•. 1835, p. 189, 190; I>. 1917, p. 562. 563; 
1^.1929, p. 541. 542. 

97. £. 1871-72, p. 325. 

98. 34 U. S. Stat. L. 596. 

99. Constitution of 1870, Art. VI, sec. 13. 

100. It. 1933, p. 436. 

101. Constitution of 1818, Art. IV, sec. 6. 

102. Constitution of 1848, Art. V, sec. 21.29; Constitution of 1870. Art. X, 
sec. 8. 

103. Constitution of 1848. Art. V, sec. 19. 

104. B. S. 1874, p. 260. 

105. Constitution of 1870, Art. X. sec. 8. 

106. X^.1819, p. 175. 

107. Ii. 1821, p. 119, 120; B. I.. 1837, p. 177, 178. 

108. Ii. 1849, p. 66. 

109. B. S. 1874, p. 260. 



OoTenunental Orira-nization 
and Records System 

required to keep their records in person."" 

Ministerial Officers 

The principal ministerial officer of all courts of record in Illinois 
counties is the sheriff. The first constitution provided that the sheriff 
should be elected."' In 1827 statutory provision was made for the 
appointment of deputies by the principal officer;'" since 1870, the 
number of deputies that the sheriff may appoint is determined by 
rule of the circuit court.'" The ministerial duties of the sheriff have 
undergone little change in more than one hundred years. Essentially 
he is to attend, in person or by deputy, all courts of record in the 
county, obeying the orders and directions of the court, and to serve, 
execute, and return all writs, warrants, process, orders, and decrees 
legally directed to him.'" 

The coroner was originally given equal power with the sheriff as 
a ministerial officer of the courts."^ He was also required to serve 
all process in any suit in which the sheriff was an interested party''* 
and to perform all the duties of the sheriff when that office was 
vacant.'" The last two functions are still incumbent upon the 
coroner.'" 

Justices of the peace are served similarly in a ministerial capacity 
by constables. Not until 1870 was the office of constable given con- 
stitutional recognition;"" at its creation by the first General Assembly, 
the county commissioners' court was empowered to appoint one or 
more constables in each township;"" in 1827 it was provided that two 
constables should be elected in each justice of the peace district."^ 
Since that date, subsequent legislation has grouped justices of the 
peace and constables in all provisions regarding their election.'" Con- 
stables, like sheriffs and coroners, have always been required to serve 
and execute all process legally directed to them;"' process issuing from 
a justice of the peace court, however, may be directed only to some 



110. Ii. 18X9, p. 185-97 (no specific record-keeping requirements listed among 
general duties ol' ju.stices), 326 (establishing fees to be paid justices for 
keeping records); B. !•. 1827, p. 260 (becomes definite provision for justices 
to keep own records); !■. 1895, p. 221,222. 

111. Constitution of ISIS, An. Ill, sec. 11. 

112. B. 1.1827, p. 373. 

113. Constitution of 1S70, Art. X, sec. 9. 

114. Zi. 1819, p. Ill; R. S. 1874, p. 990,991. 

115. Im. 1819, p. 111. 

116. L. 1821, p. 20-23. 

117. B. Z.. 1827, p. 372,373. 

lis. B. S. 1874, p. 282. Despite the ab.sence from the present law of statutory 
provision for the coroner to serve process originally directed to hiin 
(B. S. 1874, p. 281, 282), the courts have held that he may so do, an emerg- 
ency being presumed to exist without need for the process to recite 
reason for its issuance of the coroner (20 111. 185; 57 111. 268). 

119. Constitution of 1870, Art. VII, sec. 21. 

120. Z;. 1819, p. 162. 

121. B. Z;. 1827, p. 258. 

122. SeeCourts, p. 35. 

123. I.. 1819, p. 162,103; K. S. 1£74, p. 400. 



Oovemmental Org-anlzatlon 
and Kecordv System 

constable of the same county.'" 
Prosecutions 

The duty of the present state's attorney to prosecute and defend 
all actions, civil or criminal, involving the county, the people, or 
officers of the state or county,'-' was incumbent originally upon the 
circuit attorney."" In 1827 this officer was replaced by the state's 
attorney.'" Also in effect from an early date is the officer's other 
major duty, apart from the enforcement of law,"' of giving opinions 
on any questions of law relating to criminal or other matters in which 
the people of the county may be concerned."" 

The offices of circuit attorney and early state's attorney, which 
existed solely by statutory provision,'"' were appointive by the Governor 
until 1835,"' and thereafter by the General Assembly."^ The second 
constitution provided for an elected state's attorney;"' since each 
judicial circuit was an elective district for this purpose, the territorial 
jurisdiction of the new officer remained the same as that of the 
former officer.'" Not until the adoption of the present constitution 
was provision made for the election of a separate state's attorney in 
each county.'*" 

Inquests 

The holding of inquests, one of the duties of the coroner in Illi- 
nois counties, is also a part of the administration of justice. The 
office of coroner was created by the first constitution and required 
to be filled by election;"" the statutory provisions concerning the 
inquest function have not changed substantially since their enactment 
by the second General Assembly.'" The coroner, when informed of 
the body of any person being found dead, supposedly by violence, 
casualty, or undue means, is required to summon a jury to inquire 
how, in what manner, and by whom or what, death was caused; 
testimony of witnesses is taken; witnesses whose evidence implicates 
any person as the unlawful slayer of the deceased are bound over 



124. l. 1819, p. 1S6; ». S. 1845, p. aiT; L. 1871-72, p. 525; L. 1895, p. IHI, 133; 
Zi. 1937, p. 900. Similarly, pitttess i.ssuing from court.s of record is re- 
Quirt'd to be rtireoted to tlie slu-riff or. under c<>rtain (vmditioiis noted 
(footnotes 115,116, and 117), to the coroner (B.S.1845, p. 41^: I.. 1371-72. 
p. 338; K. S. 1874, p. 774; !■. 1907, p. 444, 445; !■. 1933, p. 7SG; !•. 1937, p. 9S9). 

125. B. S. 1874, p. 173. 174. 

126. I.. 1819, p. 204; Xi. 1825, p. 178,179. 

127. B. I.. 1827, p. 79. SO. 

128. See Enforcement of Iiaw, p 41. 

129. B.S.1845, p. 7«: B. S. 1874, p. 174. 

130. I.. 1819, p. 204-6. 

131. Ibid., p. 204. 

132. Ii. 1835, p. 44. 

133. Constitution of 1848, Art. V, sec. 21. 

134. Ibid., Art. V, sec. 22. 

135. Constitution of 1870. Art. VI. sec. 22. 

136. Constitution of 1818. Art. III. sec. 11. 

137. Cf. Xi. 1821, p. 22-24; B.S.1845, p. 517, 518: B. S. 1874, p. 2S2-St; B. S. 1937, 
p. 780-82. 



Oovernment Orgranlzatlon 
and Record System 

to the circuit court; the verdict of the jury is returned to the clerk 
of that court."' 

The verdict of the coroner's jury, however, is not generally ad- 
missable in evidence;"" additionally, it is not held to be prima facie 
proof of matters stated therein with regard to the cause and manner 
of death;"" its essential nature, therefore, is that of a finding of facts 
upon the basis of which the coroner may be led to discharge his col- 
lateral duty to apprehend and commit to jail any person implicated 
by the inquest as the unlawful slayer of the deceased."' To this ex- 
tent, the coroner's inquest duties overlap his function as an officer 
for the enforcement of law. 

Enforcement of Law 

Sheriffs, coroners, and constables have always been charged 
equally with keeping the peace and apprehending all offenders against 
the law."- The state's attorney's powers as an officer for the enforce- 
ment of law originally derive by implication from another duty;"' the 
gathering of evidence and the apprehension of offenders is neces- 
sarily involved in commencing and prosecuting actions in which the 
people of the state or county are concerned."' In relatively recent 
years, however, the state's attorney has been given more specific 
statutory powers to enforce laws and to investigate violations and 
secure necessary evidence thereof."' But at any time the effective 
spheres of authority of law enforcement officers have been determined 
less by statutory provisions than by local conditions and individual 
circumstances. 

EDUCATION 

The act of Congress providing for the creation and admission of 
the State of Illinois to the Union set aside section sixteen of every 
township for the use of schools."" The first state legislation on the 
subject was concerned only with the establishment of school districts 
and the sale or leasing of school land to provide necessary funds, for 
which purpose three trustees of school lands were appointed in each 
township by the county commissioners' court."' 

In 1825, however, with a common school system in operation, pro- 



138. I..1821, p. 24, 25: R. S. 1845, p.SlS; R. S. 1874, p. 284; t. 1879, p. 82; 1.. 1907, 
p. 213; X.. 1919, p. 403, 404; 1^.1931, p. 388, 389. 

139. 46 N. W. 872. It i.s, however, held to be proper practice to offer, in 
cross-examining witnesses sought to be impeached, excerpts from trans- 
cripts of testimony taken at the inquest (189 III. App. 556; 211 III. 
App. 474). 

140. 201 111. App. 287. 

141. I.. 1821, p. 2.-); R. S. 1845, p. .-)1S; R. S. 1874, p. 285. 

142. I.. 1819, p. Ill, 162. 163; R. S. 1845, p. 328. 515; R. S. 1874, p. 400, 990. 

143. See Prosecutions, p. 40. 

144. Previously cited; see p. 40, footnote 126. 

14;-). I.. 1885, p. 3: I..1907, p. 2GS; L. 1913, p. oOo: !•. 1915, p. 5GS; Ii. 1927, p. 33. 

146. 3 U. S. Stat. L. 428. 

147. Z.. 1819, p. 107, 108. 



Govenunental Ore'axUzation 
and Records System 

vision was made for its educational as well as financial administra- 
tion. Three elected officers, known as township school trustees, were 
charged in each township with superintending schools, examining 
and employing teachers, leasing all land belonging to the district, and 
reporting annually to the county commissioners' court; this report, 
however, was limited to such matters as were concerned in the 
financial administration of the schools."" In 1827 the county com- 
missioners' court was again empowered to appoint trustees of school 
lands, but despite the use of the earlier, more limited title, these 
officers were charged with all the duties of the former township 
school trustees.'" The creation of office of county school commis- 
sioner in 1829 brought a new element into the complex situation. 
The commissioner was at first given limited duties with regard to 
the sale of school lands and the management of school funds;"" his 
subsequent gains in this respect at the expense of the township 
trustees foreshadowed the demarcation of spheres of authority that 
was made in 1847.' ' In the interim, the school commissioner, who 
had first been appointed by the county commissioners' court,'" be- 
came an elected officer;"' in such townships as elected to incorporate 
for the purpose of organizing and supporting schools, township 
trustees also became elected officers and were there denominated 
trustees of schools.' " 

The situation created by the legislation of 1847 in certain respects 
has not since been substantially altered. In all counties, township 
trustees became, and are still, elected officers, styled township school 
trustees.'" The relative authority of the officer of the county"" and of 
Dfficers of the tovaiship with regard to financial administration was 
fixed essentially as at present."' Moreover, township trustees lost 
practically all their foimer duties with regard to matters purely educa- 
lional as a result of a development that occurred in 1845. 

It v/as at that time that the county first entered into the actual 
administration of education with the creation of the office of superin- 
lendt-m oi schools.'' Filled at tir.'it by the school commi.ssioner in an 
ex-officio capacity,''" it quickly absorbed most of the functions of town- 



14S. I.. 1825, p. 121, 122. 

149. R. Xi. 1827, p. :j6»J-70. 

150. B. I>. 1829, p. 150-34. 

151. (f. L. 1831, p. I7ti: L, 1841, p. 275-79. 

152. R. I.. 1829, p. 150. 

153. L. 1841, p. 261, 202. 

154. I>. 1841, p. 273, 274. In unincorporated townships, trustees continued to 
i.e .ippointe^ by the county commissioners' court (Ibid., p. 259, 260). 

155. 1^.1847, p. 126; Ii. 1909, p. 350. 

156. The subsequent substitution of an independent elected superintendent of 
scliools for the school commissioner who had addition.ally been ex-officio 
superintendent (see footnotes 159. 161, and 162) was only a change 
in the legal status of the officer of the county and had no further import. 

157. t. 1847, p. 123. 124, 128, 129; I.. 1909, p. 351-54; Z;. 1927, p. 794, 795 
15S. R. S. 1845, p. 498. 

159. Ibid. 



Qovenunental Orgranlzation 
and Records System 

ship trustees with regard to the advancement of education ;'•=" later, the 
office came to be filled by election"" and completely absorbed that of 
school commissioner.'"^ In the new field of county administration of 
education, the superintendent's duties remained constant through his 
change in legal status, requiring him to visit all the townships in his 
county and inquire into the condition and manner of conducting their 
schools, to examine persons proposing to teach school, to grant certifi- 
cates to persons qualified to teach school, and to report to the county 
board on all his acts relating to the management of school funds and 
lands.''' Subsequent legislation has enlarged the scope of this phase of 
the superintendent's functions, but it is in his role as an agent of state 
supervision that he has been charged with numerous duties of a new 
character."^' 

The authority of the state with regard to education, first manifested 
in 1845, has. like that of the county, been extended beyond its original 
bounds. Originally the county superintendent was required only to 
communicate to the State Superintendent of Common Schools'"' in- 
formation concerning the schools in his county."' Today, as a conse- 
quence of the state's increasing intervention in matters of public health 
and safety, the county superintendent is required to inspect, with re- 
gard to specifications," plans submitted to him for the heating, ventila- 
tion, lighting, etc., of public school rooms and buildings; to visit and 
notice such public school buildings which appear to him to be unsafe, 
insanitary, or otherwise unfit for occupancy; and to request the De- 
partment of Public Health,"" the state fire marshal, or the state archi- 
tect to inspect such buildings and issue reports upon which condemn- 
tion proceedings can be based."' 

RECORDATION 

For the function of making legal record of written instruments, the 
first General Assembly established the office of recorder.'"" Originally 

160^^ R. S. 1845, p. 497-503. Cf. I.. 1825, p. 121. 122: R. I.. 1827, p. 366-70: I.. 1331, 
p. 173: Ii. 1841, p. 270, 275, 276, 279. The only duty of this category that 
was left to township trustees in the laws of 1847 concerned the examinn. 
tion of prospective teachers and the is.suance of certificates where merited 
(1.1847, p. 130). It was omitted from the revised school law of 1851 
(i;. 1851, p. 127). 

161. 1. 1865, p. 112. 

162. Ibid., p. 112, 113. 

163. R. S. 1845, p.498. 500. 501. Cf. L. 1847, p. 121-25; I.. 1857, p. 261-65.278,279. 
296,297; !•. 1861, p. 190, 191: I.. 1865, p. 114, 119-21. 

164. Ii. 1909, p. 347-50; Z,. 1915, p. 636-38. 

165. The Secretary of State in ex-officio capacity (t. 1845, p. 52). In 1S54 
the office became Independent, filled by election, and known as that of 
Superintendent of Public Instruction (Ii. 1854, p. 13). which is its present 
status (It. 1909, p. 343). 

166. I. 1845, p. 54. 

167. Prior to 1917, the rights, powers, and duties of this department were 
vested in the State Board of Health, abolished in that year (!•. 1917. 
p. 4.17,27). 

168. Ii. 1915, p. 637-40. 

169. Ii. 1819, p. 18-20. 

— 43— 



Ooveriunental Orgraslzation 
and Records System 

appointed by the Governor,'" the recorder was required to be elected 
after 1835.'" The second constitution made the clerk of the circuit 
court''" ex-officio recorder in all counties;'" the present constitution 
continued the earlier provision in counties of under sixty thousand 
population and provided for the election of a recorder in counties of 
that population or more."* As Montgomery County never met the 
population requirement, the clerk of the circuit court has continued to 
fulfill the duties of recorder. 

The basic duty of the recorder, to record at length and in the order 
of their receipt all instruments in writing, has remained essentially 
unchanged; legislation has been directed toward the extension of cate- 
gories of instruments entitled to be recorded. '•■ Conveyances of title to 
land, a major category of such records, frequently involve another 
county officer, the surveyor. Established by the second General As- 
sembly,"" the office of surveyor was at first filled by appointment by 
that body,"' later by election."' In 1936 the surveyor again became an 
appointed officer, with the power of appointment delegated to the 
county board."-* His duty to perform all surveys he may be called on 
to make within his county has undergone only minor change, but its 
importance has declined; the acts of any surveyor, properly acknowl- 
edged and certified, have equal standing before the law with those of 
the county surveyor; no maps or plats have any legal effect unless 
recorded by the recorder."^ 

PUBLIC WORKS 

Roads and Bridges 

Public roads and bridges were first under the superintendence of 
the county commissioners' court which was authorized to locate new 
roads and alter or vacate existing roads."" The act providing for such 
superintendence empowered the commissioners to appoint freeholders 
in each township to act as supervisors, each appointment to be for a 
one-year period. New roads were to be opened by the county commis- 
sioners' court upon petition of residents of the county and a favorable 
report from the road viewers and surveyor. A few years later the 
county commissioners were authorized to divide the county into roaa 
districts and to appoint annually one supervisor to serve in each dis- 



170. l. 1819, p. IS, 19. 

171. Ii. 1835, p. 106. 

172. An electde officer; see Clerks of Courts, p. 38. 

173. Constitution of 1848. Art. V, sec. 19; I,. 1849, p. 64. 

174. Constitution of 1870, Art. X, sec. 8; B. S. 1874, p. 833. 

175. I.. 1819, p. 18,20; B. I,. 1829, p. 117, 118; B. I,. 1833, p. 311; B. S. 1845, p. 305, 
432,606; I,. 1851, p. 80; !•. 1859, p. 124; Ii. 1869, p. 2 ; B. S. 1874, p. 833, 834; 
2^.1921, p. 756, 757; I.. 1925, p. 520-22. 

176. 1. 1821, p. 62. 

177. Ibid. 

178. L. 1835, p. 166. 

179. L. 1933, p. 1104. Provision effective in 1936. 

180. B. I.. 1829, p. 173; B. I^. 1833, p. 511; X.. 1845, p. 201; X.. 1869, p. 241, 242; 
B. S. 1874, p. 1050,1051; !•. 1901, p. 307, 308; I.. 1915, p. 575. 

181. I.. 1819, p. 333. 



Govenuuental Oriranization 
and Becords System 

trict.'" With a change in the county administrative body under the 
second constitution, the county court was granted supervision and con- 
trol over public roads,"' but the care and superintendence of roads and 
bridges in counties electing the township form of government were 
granted to the commissioners of highways, elected annually in each 
town.'*' The commissioners divided the town into road districts, and 
overseers of highways in each district were to repair the roads and 
carry out orders of the commissioners. In couzities not electing the 
township form, the system of road districts was continued.'" Mont- 
gomery County did not institute township organization until 1873, and 
the supervision, control, and maintenance of roads, highways, and 
bridges during the second constitutional period were vested in the 
county court and the road district supervisors. In 1913 the State High- 
way Department was established, and provision was made for the ap- 
pointment by the county board of a county superintendent of high- 
ways.""' The entire system was centralized by subjecting the county 
superintendent to the rules and regulations of the state highway com- 
missioner and by requiring candidates for county superintendent to be 
approved by the state commissioner before appointment by the county 
board. The term of office of the county superintendent was set at six 
years, and his salary was to be fixed by the county board. A board of 
highway commissioners was set up in each township to superintend 
matters relating to roads and bridges. Although the county superin- 
tendent was to act on behalf of the county in regard to roads and 
bridges, and although he was subject to removal by the county board, 
he was regarded as a deputy of the state highway engineer, subject to 
his directions. This indicates the intention of the legislature to unify 
the entire state system of roads and bridges. In 1917 the Department 
of Public Works and Buildings assumed the rights, powers, and duties 
vested in the State Highway Department,'" but the county organization 
has remained essentially the same since 1913. 
Public Buildings 

The county is given the power to hold, own, and convey real estate 
for county purposes."' This power is exercised by the county board 
which is charged with the care and custody of all the real and personal 
property owned by the county. Throughout the period of statehood 
it has been provided that a courthouse and jail be erected in each 
county, and that the sheriff of each county be charged with the cus- 
tody of such buildings."' The county is further empowered to erect 
buildings for a county hospital, workhouse, tuberculosis sanitarium, 
and other county needs."" 

The county superintendent of schools is charged with the inspec- 
tion of plans and specifications for public school rooms and buildings; 

182. i. 1825, p, 130. 

183. 1.1849, p. 65; !•. 1851, p. 179. 

184. !•. 1849, p. 212. 

185. I.. 1847, p. 111-13; 1.1849, p. tiS, 212, 213 ; I.. 1851, p. 64,149. 

186. 1.1913, p. 521-25, 537-46. 

187. 1.1917, p. 24. 

188. B. S. 1874, p. 302. 

189. 1.1819, p. Ill; B. 1.1827, p. 246, 247, 372 : B. S. 1874, p. 989. 

190. JR. 8. 1874, p. 307; 1.1909, p. 163; 1.1911, p. 246. 



Governmental Orgranization 
and Becords System 

and the approval of only those which comply with the specifications 
prepared by the State Superintendent of Public Instruction."' He is 
also to request the Department of Public Health,'" the state fire mar- 
shal, or the state architect to inspect public school buildings which 
appear to be unsafe, insanitary, or unfit for occupancy. Upon receipt 
of an unfavorable report from these officials, the county superintend- 
ent is to condemn the building and notify the board of directors or 
board of education, and the board of school trustees. 

Drainage 

In 1850 an act of Congress provided for the granting of swamp and 
overflowed lands to various states.'"" The land so granted to Illinois 
was turned over to the counties in 1852 to be reclaimed by drainage 
and used for county purposes.'"' Such lands were to be under the care 
and superintendence of the county court which was to appoint a 
"Drainage Commissioner" to conduct the sales of such lands. The 
county surveyor was to prepare plats of the swamp lands and return 
such plats to the clerk of the county court, whereupon the court fixed 
the valuation upon each tract. The purchasers of these tracts were 
given a certificate by the drainage commissioner, and a deed was later 
executed by the county court. The court was to sell only enough 
swamp lands to insure reclamation of all such land, any balance to be 
granted to the several townships to be used for educational purposes. 
At the discretion of the county, such balance could also be used for the 
construction of roads or bridges, or for other public works. 

In 1865 the commissioners of highways in each town became ex- 
officio boards of drainage commissioners.'" Where a proposed drain 
ran through more than one town the commissioners of all the towns 
affected made up the board of drainage commissioners."* In 1879 
drainage construction by special assessment was handled by the drain- 
age commissioners, a body corporate and politic composed of commis- 
sioners of highways.'" 

Provision was first made for the organization of drainage districts 
for agricultural, sanitary, and mining purposes in 1879.''"* Petitions 
were to be filed with the county clerk and hearings on the same were 
to be had before the county court. When the court found in favor of 
the petitoners, it appointed three disinterested persons as commis- 
sioners to lay out and construct the work. Petitions for the construc- 
tion of drains to cost less than $5,000 were to be presented to justices 
of the peace, if the petitioners so elected, and the commissioners of 
highways were to perform the duties of drainage commissioners in 
such cases. In 1885 this law was amended to include drains costing 
less than $2,000 and provided for the appointment of three residents 



191. 


I.. 1915, p. 637-40. 




192. 


Created in 1917 to supplant the State Board of Health, 
year (1^.1917, p. 4, 17, 27). 


abolished in that 


193. 


9 U. S. Stat. L. 519. 




194. 


L. 1852, p. 178. 




195. 


L. 1865, p. 50. 




19C. 


I.. 1867, p. 91, 92. 




197. 


Z.. 1879, p. 142. 




19S. 


Ibid., p. 120. 





AC — 



Oovemmental Orgfanlzation 
and Records System 

as commissioners."' 



PUBLIC SERVICES 



Public Health 

The State Department of Public Health, created in 1917,'"" is charged 
with general supervision of the health and lives of the people of the 
state. In conformance with this legislative order it is empowered to 
supervise, aid, direct, and assist local health authorities or agencies 
in the administration of the health laws. Public health districts may- 
be organized along subcounty lines with a board of health in eacli. 
The names of such districts are to be filed with the county clerk to 
complete their organization. Annually, each board of health certifies 
to the county clerk the rate of a public health tax to be levied in each 
district, the clerk being responsible for setting out the proper taxes 
upon the warrant books and transmitting them to the collector as pro- 
vided for in regard to other taxes."" 

Control of the state health department over lodging houses, board- 
ing houses, taverns, inns, and hotels is effected through the county 
clerk, the proprietors of such establishments being required to file with 
the clerk an annual statement containing details as to sleeping accom- 
modations for guests."" The clerk is also required to report annually 
to the state health department the names and addresses of township 
officials.'"' 

Mosquito abatement districts are organized upon petition to the 
county judge of the county in which such territory lies,'"' such petitions 
being filed with the county clerk. If, after hearing, the county judge 
determines that the organization of a district is necessary, the question 
is submitted to the residents of the territory at a special election. The 
judges of election make return to the county judge, and the results are 
entered upon the records of the county court. A majority of votes 
favoring it, a mosquito abatement district is thereupon organized. 

County officials also enter into the state's control of public swim- 
ming pools. When a representative of the State Department of Public 
Health finds conditions that warrant the closing of such a pool, the 
owner of the pool and the sheriff and state's attorney of the county 
are notified to that effect, it being the duty of these officers to enforce 
such notice.'"" 

Vital Statistics 

The State Department of Public Health has charge of the regis- 
tration of births, stillbirths, and deaths throughout the state.'"^ To 
effect proper control of this matter the state is divided into vital sta- 
tistics registration districts which, in Montgomery County, are identi- 

199. 1.1885, p. inO, 131. 

200. 1.1917, p. 4. 

201. Ibid., p. 27, 28, 763, 765, 767, 768. 

202. I.. 1901, p. 305. 

203. Ii. 1923, p. 480. 

204. 1.1927, p. 694. 

205. 1.1931, p. 735, 736. 

206. 1. 1915, p. 660-70. 

—47— 



Oovemmental Oriranlzation 
»nd Kecords System 

cal with the townships. The township clerk acts as the local registrar 
in these districts and receives certificates of births and deaths occur- 
ring in the district. Burial permits are issued by the registrar and 
are later returned to him for filing. 

The local registrar is required to deposit monthly with the county 
clerk a complete set of records of births, stillbirths, and deaths regis- 
tered during the month, and the clerk is charged with binding and in- 
dexing, or recording, and safekeeping of such records. The original 
certificates are sent monthly by the local registrars to the state health 
department which certifies annually to the county clerk the number of 
births, stillbirths, and deaths registered in the county. 

The county board is to appropriate money for the payment of the 
local registrars' fees. Such amounts are charges against the county, 
and the county clerk is required to issue warrants on the county treas- 
urer for the amount of the fees payable to the registrars. 

The county also enters into the enforcement phase of this matter. 
The state health department reports cases of violations of any pro- 
visions of the act relating to registration to the state's attorney who is 
to initiate and follow up court proceedings against violators. 
Public Assistance 

Public assistance is administered through the services of the county 
department of public welfare, the county home, the blind examiner, the 
probation officers, the county clerk, and the county board. 

The county department of public welfare is headed by a superin- 
tendent appointed by the county board after approval by the State 
Department of Public Welfare."" He assists the state department in 
the operation of welfare plans and policies within the county and has 
charge of the administration of old age assistance.-'"' In this latter 
regard the county department acts merely as the agent of the state 
department, investig'ating applicants and reporting results. 

The county home is an establishment for the maintenance and 
care of indigents. Its management and finances are provided by the 
county board.-"' Blind assistance is administered in the county 
through appropriations by the county board together with state funds. 
An examiner of the blind, appointed by the county board, examines 
all applicants referred to him by the county clerk.^'" The county court 
has jurisdiction in the administration of the mothers' pension fund. 
A probation officer, an appointee of the court for this purpose, in- 
vestigates and visits cases of indigent mothers who are entitled to 
benefit.-" 

COORDINATION OF FUNCTIONS 

From the foregoing discussion of functions of the county govern- 
ment it is apparent that the county plays a dual role, that of a body 

207. I.. 1937, p. 451. 452. 

SOS. Xi. 1935-36, First Sp. Sess.. p. 54-61; t. 1937, p. 265-70. 

209. L. 1935, p. 1057. 

210. I.. 1903, p. 138; I.. 1915, p. 256, 257; I.. 1935, p. 264, 265. 

211. Z.. 1913, p. 127-30; I.. 1915, p. 243-45; I.. 1921, p. 162-64; Ii. 1935, p. 256-59. 



Oovenunental Orgranlzatloa 
and Records System 

politic and that of an a^ent for the state. In its first capacity^the 
county, through its officials, is capable of suing and being sued, pur- 
chasing, holding, and selling property, making contracts, and raising 
revenue for its proper operation. As a state agent it fits into a state- 
wide program on various matters of public concern, acting under the 
supervision and control of the state, and coordinating the activities 
of subcounty agencies and officials. 

Coordination of county activities is effected chiefly through the 
county clerk. An illustration of this is the part this official plays in the 
election procedure. He notifies the judges and clerks of elections of 
their appointment, supplies them with blanks and poll books, receives 
copies of registers of voters, issues notices of election, receives and 
preserves returns, canvasses votes with the assistance of two justices 
of the peace and retains the abstracts, transmits copies of election 
returns and abstracts of votes to the Secretary of State, and issues 
certificates of election. 

RECORDS SYSTEM 

County records in the State of Illinois have suffered from the 
lack of an adequate program of legislation designed to secure uniform- 
ity in recordation and to insure the proper care of those documents 
which have permanent value. However, from the inception of .state- 
hood, some effort has been made to coordinate the records systems of 
the several counties and to preserve their archives. 

In attempting to establish state-wide uniformity among counties, 
the General Assembly has at times provided detailed descriptions of 
required records and in many instances has supplied the very forms 
to be used. Laws relating to the duties and powers of county officers 
usually contained some such provisions. Thus, in 1819, the recorder 
of the county was ordered to supply "parchment or good large books, 
of roj'al or other large paper, well bound and covered" wherein to 
record all deeds and conveyances brought to him for that purpose. 
He was also to keep a fair book in which to enter every deed or writing 
to be recorded, noting the date, the parties, and the place where the 
lands were situated, such entries to be made according to priority of 
time.'" In 1833 he was required to keep an alphabetical index to each 
book.'" and by 1874 the General Assembly had prescribed a complete 
list of books to be kept in the office of the recorder, with a description 
of the contents of each, which list has been continued, substantially 
unchanged, to the present.'" 

In like manner, legislation was enacted prescribing records to be 
kept by the county clerk and his predecessors, acting in their several 

212. If. 1819, p. 1§. 20. 

213. R. I.. 1833, p. 511. 

214. R. S. 1874, p. 834. 



Oovemmental Oreranlzatlon 
and Records System 

capacities,'" the clerk of the circuit court,"' the judge,'" and justice 
of the probate court,'" the coroner,'" the county superintendent of 
schools,"" the county surveyor,"' and the county treasurer."' 

Descriptions of records and forms to be used are frequently found 
in legislation pertaining to the holding of elections,"' assessments and 
the collection of revenue,'" the organization and maintenance of com- 
mon schools,"' the registration of marriages,"* and the recording of 
vital statistics.'" 

While there has been enacted much legislation prescribing the 
kind of records to be kept, only a few laws deal with the safeguarding 
and preservation of county archives. In 1819 the General Assembly 
directed the clerks of the circuit and county commissioners' courts to 
provide "a safe press or presses with locks and keys for the safe- 
keeping of the archives of their offices . . . .""" In 1843 the county 
commissioners' courts were authorized, and required whenever the 
finances of the county would justify the expenditure, to erect a fire- 
proof recorder's office at the county seat, or if the commissioners 
were of the opinion that any unappropriated room in their court- 
houses could be made fireproof, to make it so and house the office and 
records of the recorder there. At the discretion of the county com- 
missioners' court, the provisions of this act might be deemed to apply 
to the offices of the clerks of the circuit and county commissioners' 
courts.'" Similar in content but slightly different in wording is a 
later enactment in which the county commissioners' courts were 
authorized to "erect, build, and provide permanent fireproof rooms, 
houses or vaults, for the purpose of placing therein and preserving 
from injury, damage, loss, or destruction by fire, the records and 
documents of their respective counties.""" The preservation of county 



215. Ii. 1849, p. 66, 191, 203; !■. 1859, p. 92, 94; Z;. 1865, p. 93; B. S. 1874, p. 261-65, 
332; Ii. 1933, p. 203, 204. 

216. R.Z..1833, p. 152; B. S. 1845, p. 147; I.. 1847, p. 70; Z.. 1849, n. 9: I.. 1865. 
p. 93; U.S. 1874, p. 262, 263; L. 1933, p. 29;:, 294. 

217. B. I.. 1829, p. 231. 

218. B. S. 1845, p. 427, 428. 

219. B.I..1833, p. 574; I.. 1869, p. 104. 105; B. S. 1874, p. 283. 

220. r.. 1849, p. 155, 156; I.. 1865, p. 119; L. 1909, p. 346, 348, 349. 

221. B. I.. 1829, p. 173; B. S. 1845, p. 524. 

222. B. S. 1845,, p. 138; R. S. 1874, p. 323, 324. 

223. Ii. 1819, p. 92, 94; B. I.. 1827, p. 291, 292; B. I.. 1829, p. 59,60; Z.. 1845, p. 41, 
42; Xi. 1849, p. 73, 74; I.. 1865, p. 54, 55; I.. 1871-72, p. 386-89, 391; I.. 1885, 
p. 143, 148, 173, 176; L. 1937, p. 522-29, 531-48. 

224. B. 1.1827, p. 329-33; I.. 1838-39, p. 4. 5, 7. 8, 12, 13, 17 ; Ii. 1845, p. 6-9, 12. 14. 
15; I.. 1849, p. 37, 38, 124-26: Ii. 1851, p. 53, 55, 56; !•. 1853, p. 17, 24, 50, 55. 77, 
78,111,112; L. 1871-72, p. 19, 23, 32, 48, 49, 54. 

225. X;. 1825, p. 127: B. I.. 1833, p. 563; I.. 1841, p. 263, 270-72 ;!.. 1845, p. 53, 54, 
65,68: Z;. 1847, p. 121-23,142-44; B. S. 1874, p. 950, 957. 958, 964. 

226. Zi. 1819, p. 27; B. Z,. 1827, p. 288, 289; B. S. 1874, p. 694, 695. 

227. Zi.1842-43, p. 210-12; Z,. 1877, p. 209; Z,. 1901, p. 301-4; Z,. 1903, p. 315, 317 
318; Zi. 1915, p. 667. 

228. Z.. 1819, p. 332. 

229. Ii. 1842-43, p. 210. 

230. Ii. 1845, p. 46. 




—51— 



Covenuuental Orgfanization 
and Records System 

archives has been greatly aided by an act to provide for the copying 
of old, worn-out records,'" and by a law authorizing the transfer of 
county records having historic value to the Illinois State Historical 
Library or to the State University Library at Urbana/' Provision is 
made in this act for the substitution of accurate copies of these docu- 
ments if such action be deemed necessary. In 1907 the act was 
amended to include among the institutions to which old records might 
be sent, any historical society incorporated and located within a par- 
ticular county."^ Laws have also been enacted which provide for the 
restoration of certain classes of records destroyed by fire or other 
means/"" In 1935 the General Assembly appropriated money for the 
construction of a fireproof building at Springfield for the purpose of 
storing therein the archives and records of the state.'"' The erection 
of this structure, the State Archives Building, has helped to make 
possible the inauguration of an intelligent, far-sighted program for 
the preservation of papers and documents of historic value. 

There are still serious omissions in legislation pertaining to 
recordation. For instance, Illinois has no law prescribing the kinds of 
inks to be used in keeping records. And. although laws have been 
enarted authorizing the provision of fireproof accommodations for 
county documents, they are permissive rather than mandatory in 
character.-'" Legislation enabling the destruction of worthless archives 
aoparently is nonexistent with the exception of laws relating to cer- 
tain election papers."' The enactment of legislation which would 
remedy these defects in the laws and continue the trend toward state- 
wide uniformity among counties would result in an intelligent, 
economical records system for the State of Illinois. 



231. 


X.. 1871-72, p. 648. 






232. 


L. 1897, p. 205. 






233. 


I.. 1907, p. 375. 






234. 


L. 1871-72, p. 640, 650, 652. 






235. 


I.. 1935, p. 138. 






236. 


I.. 1842-43, p. 210; I.. 1845, p. 46. 






237. 


I.. 1861, p. 269; 1.. 1871-72, p. 389; I.. 1885, 
I.. 1917, p. 438. 444, 445; I.. 1937, p. 525, 526. 


p. 145, 193; 


Z^. 1891, 



p. 118, 119; 



—52 — 



(First entry, p. 88) 

3. ROSTER OF COUNTY OFFICERS* 

(Date after name of officer refers to date of 
commission, unless otherwise stated) 

COUNTY COMMISSIONERS ** 

John Beck, John McAdams, "^"^jfams^ jS Bostt? ^"' 
John Seward '""'' 'Xlu^'^Js. 1828 

Apru I, lo-ii James Bostic, Joseph Williams. 
Newton Coffey, Harris Reavis, Lloyd Martin, 

September 2, 1822= August 9, 1830 

Samuel Pharr, James Walker. ^^'°Tn>.?^S Ji!?.°JJ?pr ^^"''' 
Anthnnv kfrppf Johu Misenhamer, 
Anthony Street^ September 3. 1832 
September 6,1824 William Griffith Richard Brad- 
See footnote 3, for records ley, Joseph Williams, 
for 1826 September 1, 1834 



• This list was compiled from the following sources, with exceptions as 
noted: 

A. Secretary of State. Index Department, Election Returns. 

Returns from County Clerk to Secretary of State. 1809-47, 78 vol- 
umes (1-78), third tier, bay 1; 1S48--. 53 file drawers (2-54), third tier, 
bay 2, State Archives Building, Springfield. 

B. Secretary of State. Executive Department, 

Certificates of Qualification. 1819—. 22 file drawers (1-22), fourth 
tier, bay 5, State Archives Building, Springfield. 

C. (1) Secretary of State. Executive Department Official Records. 
List of Commissions Issued to County Officers. 1809-1918, 5 volumtK, 
fourth tier, bay 6, State Archives Building, Springfield. 

(2) Secretary of State. Executive Department Official Records. 
List of Commissions Issued to County Officers. 1869—, 4 volumes, 
room 208, second floor. Secretary of State's Office, Executive Depart- 
ment, State Capitol Building, Springfield. 
•♦ All dates after commissioners' names indicate the year elected or serving. 
By a law passed in 1S21, effective in 1822, three commissioners were lo 
be elected biennially until 1S38, when by provision of a law passed in 
1837, the three commissioners elected in 1838 drew lots for one, two, and 
three years to determine their length of term. Thereafter, until 184 9, 
one commissioner was to be regularly elected each year to serve a three- 
year term. Because state records are incomplete for names of commis- 
sioners from 1821 to 1838 the names shown for this period are transcribed 
from county board records. 

1. County Commissioners' Court Record, v. A, p. 1. 

2. Name of third commissioner not recorded on date of this first meeting 
after regular election, ibid., p. 15, but on May 5, 1823, Richard Baker is 
recorded as meeting with Coffey and Reavis, ibid., p. 17; on August 5, 
1823, however, James Wilson is recorded as meeting with Coffey and 
Reavis, ibid., p. 20. 

3. Joseph Williams recorded as meeting with Walker and Street June 6, 
1825. Ibid., p. 47. County and state records for 1826 are incomplete but 
Easton Whitten, James Wilson, and Jacob Cress are recorded as commis- 
sioners meeting June 4, 1827. Ibid., p. 67. 

— 53 — 



RoEter of Connty Officera 

Comity Commissioners (cont.) 



James Wilson, Jacob File, 
John Misenhamer, 

September 5, 1836 
William McDavid, Thomas Jones, 
James Wilson, 

September 3, 1838 
Andrew Burk, 

August 5, 1839 
D. D. Shurmway, 

August 3, 1840 
William McDavid, 

August 2, 1841 
Andrew Burk, 

August 1, 1842 



Israel Foglemann, 






August 


7, 


1843 


Spartin Grisham, 






August 


5, 


1844 


Alfred Bliss, 






August 


4, 


1845 


Israel Foglemann, 






August 


3, 


1846 


Bazzle Hill, 






August 


2, 


1847 


Alfred Bliss, 






August 


7, 


1848 



COUNTY JUDGES 
(From 1849 to 1873, the county judge with two 
associate justices administered county affairs ) 



Joseph C. Rolston, 






M. J. McMurray, 






November 


19, 


1849 


November 


28, 


1898, 


Edward I. Rice, 






November 


26, 


1902 


November 


10, 


1851 


John Dryer, 






Hiram Rountree, 






November 


27, 


1906, 


November 


12, 


1853, 


November 


26, 


1910 


November 


7, 


1857, 


T. J. McDavid, 






November 


25, 


1861, 


November 


25, 


1914 


November 


23, 


1865 


James H. Ragsdale, 






Edward Lane, 






November 


22, 


1918 


November 


15, 


1869 


T. J. McDavid, 






Arius N. Kingsbury, 






November 


29, 


1922 


November 


12, 


1873, 


Samuel W. Kessinger, 






December 


1, 


1877, 


November 


22, 


1926 


December 


1, 


1882 


Charles E. Bliss, 






Amos Miller, 






November 


28, 


1930 


December 


6, 


1886 


Clark R. Missimore, 






Louis Allen, 






January 


29, 


1934, 


November 


26, 


1890 


November 


30, 


1934 


George R. Cooper, 






Robert C. White," 






November 


6, 


1891, 








November 


27, 


1894 









ASSOCIATE JUSTICES 



Stephen R. Briggs, John 
Bukham, 

December 11, 1861 
Joseph C. Hanner, William 
Fitz Jerrell, 

November 7. 1865 (elected) 
J. Bowers Lane, Wm. Chapman, 
November 15, 1869 

4. Shown as county judge in Official List of State and County Officers of 
Illinois Jnly 1, 1939, compiled by Edward J. Hughes, Secretary of State, 
p. 37. 



Austin Whitten, Eli Dishane, 
November 1849 (elected) 

Robert N. Terry, Jefferson Lynn, 
November 12, 1853 

Jefferson Lynn, Stephen R. 
Briggs, 

November 7, 1857 



Stoster of County Officers 

JUDGES OF PROBATE AND PROBATE JUSTICES 
OF THE PEACE 

(In 1837 the judge of probate is succeeded by the probate 
justice of the peace, who in 1849, is succeeded by the 
county judge as ex-ofRcio judge of the probate court) 

Eleazer M. Townsend, C. B. Blockburger, 

February 12, 1821 August 9, 1837 

Hiram Rountree, William D. Shirley, 

June 7, 1822, August 17. 1839 

February 17, 1823, William Brewer, 
January 10, 1825 August 19, 1843, 

September 10, 1847 



COUNTY BOARD OF SUPERVISORS 

The several township supervisors, one elected from each township, 
together with any additional and assistant supervisors elected upon 
proportional representation, make up the membership of the county 
board of supervisors. Because these supervisors, severally, ax'e town- 
ship officials and only as a group constitute the county board, they 
are not commissioned by the state as county officers, and no data 
concerning them, from which a list could be compiled, are kept by 
the state. For the same reason, county records, too, are inadequate 
for the compilation of a complete and accurate list of supervisors. 
Therefore, due to these and other limitations, only those members 
mentioned in county records in connection with the first recorded 
meeting of the board of supervisors are included in this roster. The 
question of township organization was voted upon at the election held 
November 5, 1872.' Records do not show an abstract of votes but 
township organization carried inasmuch as H. H. Hood, James M. 
Berry, and John T. McDavid were appointed commissioners to divide 
the county into townships; their report, filed and recorded March 3, 
1873,* named sixteen townships. The first meeting of the board of 
supervisors was held May 8, 1873, in the courthouse at Hillsboro. 
Supervisors present and townships represented were as follows:^ 

Supervisor Township 

L. C. Allen Fillmore 

T. G. Black Irving 

Martin Brown Harvel 



5. County Commissioners' Court Record, v. D, p. 405. 

6. Ibid., p. 423-25. 

7. Supervisors' Record, v. A, p. 1. While sixteen townships were formed 
only fourteen were represented at the first meeting. Today, there are 
nineteen townships, three being formed since, Grisham, Pitman, and South 
Fillmore. 



—55— 



Soster of Connty Officers 

County Board of Snpervliors (cont.) 



John H. Beatty 

John Corlew 

Henry Friedmeyer 

John P. Hitchings 

James C. Roberts 

H. H. Hood (assistant) 

George W. Mansfield 

G. H. Missimore (assistant) 

Wilson Maxey 

S. R. Thomas 

W. P. Weber 

A. J. Williford 

Wm. A. Young 



Nokomis 

South Litchfield 
Rountree 
Raymond 
North Litchfield 
North Litchfield 
Hillsboro 
Hillsboro 
Witt 

Bois d'Arc 
Audubon 
East Fork 
Butler Grove 



Walshville and Zanesville townships were not represented. 
John H. Beatty was elected first chairman. 



COUNTY CLERKS 

(Clerks of the county commissioners' court, 

of the county and probate courts, and 

of the county board of supervisors ) 



Hiram Rountree,' 

August 7, 1837 (elected) 
Oliver Coudy, 

August 5, 1839 (elected) 

August 7, 1841 
Benjamin Sammons, 

August 3, 1846 (elected) 

August 2, 1847 

November 16, 1849 

November 12, 1853 
John T. Maddox, 

November 7, 1857 
Isaac Blackwelder, 

November 25, 1861 
William D. Shirley, 

November 23, 1865, 

November 15, 1869 
George M. Raymond, 

November 12, 1873, 

December 1, 1877 
Henry H. Keithley, 

December 1, 1882 



Brewer A. Hendricks, 
December 6, 1886, 
November 26, 1890 

William L. Seymour, 
November 27, 1894 

John M. Shoemaker, 
December 5, 1898, 
November 26, 1902 

A. N. Banes, 

November 27, 1906, 
November 26, 1910 

A. H. Bartlett, 

November 25, 1914, 
November 30, 1918 

Mike Godfrey, 

November 29, 1922, 
November 22, 1926, 
November 28, 1930, 
November 27, 1934 

Ira W. White,' 



First state record of election or commission of clerk. 

Hiram Rountree appointed clerk April 7, 1821. County Commissioners' 
Court Record, v. A, p. 1. County records show him serving continuously 
from date of this appointment until election of his successor in lcS39. 
Shown as county clerk in Official Iilst of State aod County Officers July 
1, 1939, p. 37. 



Roster of Connty Officers 



RECORDERS 

(In 1849 the circuit clerk 

became ex-officio recorder.) 



Hiram Rountree, 

February 13, 1821, 
August 12, 1835 
August 17, 1839, 
August 14, 1843 



E. S. Rice, 

August 11, 1847 
Joseph C. Rolston, 

November 13, 1848 



CIRCUIT COURT CLERKS 
(Prior to 1848, circuit clerks appointed by 
circuit judges ) 



Robert W. Davis, 

September 4, 1848 (elected) 

November 23, 1852, 

November 14, 1856 
Benjamin Sammons. 

November 14, 1860 
Francis Marshall, 

November 21, 1864 
Charles W. Jenkins, 

November 17, 1868 
Robert M. Van Doren, 

November 30, 1872, 

December, 1, 1876 
John J. McLean, 

December 1, 1880, 

November 2, 1884 
John Fath, 

December 3, 1888 
Henry Wright, 

November 22, 1892 
William H. Leahan, 

December 7, 1896 



Duncan Carter Best, 
November 30, 1900 

Duncan C. Best, 

December 5, 1904 

Albion E. Neal, 

October 25. 1906 

George P. O'Brien, 

April 9, 1907 

Hugh Hall, 

November 25, 1908, 
November 22, 1912 

A. E. Neall, 

November 27, 1916 

William E. Cole, 

December 6, 1920, 
November 26, 1924, 
November 23, 1928 

Brewer H. Dammann, 
November 28, 1932, 
November 27, 1938 



SHERIFFS 

(County collectors to 1839 and 1844 to 1873; 

also served as county treasurers 1825 to 1827 ) 



Joel Wright, 

August 26, 1822, 

September 2, 1824 

John H. Rountree, 

September 1, 1826 

James Wilson, 

March 22, 1828, 

August 9, 1828, 

August 17, 1830 

Austin Whitten, 

August 14, 1832 

John Kirkpatrick, 

August 13, 1834. 

September 6, 1836, 



August 21, 1838, 

August 25, 1840. 

August 29, 1842 

Thomas Standing, 

August 15, 1844. 

August 3, 1846 (elected) 

Meredith I. Blockburger, 

August 7, 1848 

John Corlew, 

November 20, 1850 
Wooten Harris, 

November 23, 1852 
John Corlew, 

November 13, 1854 



—57— 



MotiteT of County Officers 



McKenzie Turner, 

November 13, 
Wooten Harris, 

November 30. 
John Fogelman, 

November 14, 
Harrison Brown, 

December 20, 
William A. Young, 

November 18, 
Frank H. Gilmore, 

November 15, 
John T. McDavid, 

November 17, 
Wm. Bowles, 

November 19, 

November 29, 
Joseph A. Davis, 

November 24, 
Leonard G. Path, 

December 1, 
Aron G. Butler, 

December 2^ 
Leonard G. Path, 

December 1, 
William A. Pyle, 

December 1, 
John W. Griswold, 





Sheriffs (cont.) 




December 6, 1886 


1856 


Henry Michel, 




November 26, 1890 


1858 


Henry N. Randle, 




November 27, 1894 


1860 


B. B. Casseday, 




December 1, 1898 


1862 


John Miller, 




November 22, 1902 


1864 


M. E. Bray, 




November 24, 1906 


1866 


M. T. Kiggins, 




November 26, 1910 


1868 


Charles W. Johnson, 




November 25, 1914 


1870 


Edwin T. Marshall, 


1872 


November 21, 1918 




Charles J. Hill. 


1874 


November 29, 1922 




Henry C. Hill, 


1876 


November 22, 1926 




Harry E. Saathoff, 


1878 


November 25, 1930 




Harry H. Blackburn, 


1880 


November 27, 1934 




Harry E. Saathoff, 


1882 


September 14, 1938 




Leo Gilliland,'" 




CORONERS 



Joseph McAdams, 

August 26, 1822 

Jarvis Forehand, 

August 20, 1824 

James Isaacks, 

September 1, 1826 
William H. Loomis, 

August 9, 1828 

George H. Anderson, 

January 9, 1830 
Levi D. Boone, 

August 12, 1830 

Hugh McHightower, 

August 14, 1832 

George White, 

November 16, 1832 
Jarvis Forehand, 

August 13, 1834, 

August 9, 1836, 

August 23, 1838 

Samuel Porter, 

August 7, 1840 



Ira Boon 

August 6, 1842 

McKenzie Turner, 



15, 1844 

2, 1846, 

23, 1848, 

20, 1850, 

23, 1852 

13, 1854 



August 
John L. Cook, 

October 

August 

November 

November 
James Wilson, 

November 
William Allen, 

November 13, 1856 
Duncan C. Mclver, 

November 3, 1857 (elected) 

William Million, 

November 2, 1858 (elected) 

Isaac Skillman, 

November 14, 1860 

John T. Whittedge, 

December 20, 1862 

10. Shown as sheriff in Official List of State and County Officers July 1, 1939, 
p. 37. 



— 58 — 



Roster of County Officers 



Coroners (cont.) 



John O. Burnett, 

November 18, 1864, 

November 15, 1866, 

November 17, 1868 
Joseph Fellers, 

November 19, 1870, 

March 14, 1873 

William H. Cook, 

November 24^ 1874, 

December 1, 1876 
Sharps Field, 

December 2, 1878 
Robert B. Ault, 

November 2, 1880 (elected) 

Pyrant Tu James, 

December 1^ 1882 
William F. Hicks, 

December 1. 1884, 

December 3* 1888 



Martin L. Moyer, 

November 22, 1892 

Henry A. Graj, 

November 7, 1896 

William A. Gray, 

November 30, 1900 

Otto Hauser, 

December 1, 1904 

William A. Gray, 

November 27, 1908, 
November 22, 1912 

C. S. Norvell, 

November 27, 1916 

Jesse Boyd, 

December 2, 1920, 
November 26, 1924 

George S. Chase, 

November 27, 1928, 
November 28, 1932, 
November 27, 1936 



STATE'S ATTORNEYS 

(Appointed by the Governor to 1835; elected 

by General Assembly 1836 to 1849; 1849 to 1872, 

elected by circuit district electorate) 



Ben E. Johnson, 

November 13, 1872 
Amos Miller, 

December 1, 1876, 

November 26, 1880 
Louis Allen, 

November 21, 1884 
Wm. M. Pearman, 

December 3, 1888 
Thomas M. Jett, 

April 13, 1889, 

November 22, 1892 
Milton M. Creighton, 

December 7, 1896 



L. V. Hill, 

November 30, 1900, 
December 5, 1904 

Harry C. Stuttle, 

November 23, 1908 

J. Earl Major, 

November 22, 1912, 
December 2, 1916 

Frank M. Ramey, 

November 24, 1920 
November 26, 1924 

Lester K. Vandever, 
November 27, 1928 

George A. Hall, 

November 28, 1932, 
November 27, 1936 



BOBter of County OfAcers 



TREASURERS 



(Treasurer and assessor to 1825, 1827 to 1839, 

and 1844 to 1873; county collector 1873 to 
date; supervisor of assessments 1898 to date ) 



William Shaffer," 

August 7, 1837 (elected) 

Allen Karriker," 

5, 1839 (elected) 



August 
Jacob File, 

August 
Joseph Rolston, 

August 
Andrew Burk, 

August 

November 

November 

November 

November 
James T. McDavid, 

December 12, 1857 
James B. McDavid, 

November 30, 1858, 

December 11, 1861, 

November 12, 1863, 

November 23, 1865 
John H. Beatty, 

December 10, 1867, 

November 15, 1869 
William Simpson, 

January 21, 1872 
John J. McLain, 

November 12, 1873 
Marion E. McWilliams, 



7, 1841 (elected) 

4, 1845 (elected) 

2, 1847 (elected) 
1849 

5, 1851 

8, 1853 

6, 1855 



December 27, 1875 
James Haynes, 

December 1, 1877, 

December 1, 1879 
Charles T. Tobin, 

Dectmber 1, 1882 
Columbus A. Freeland, 

December 6, 1886 
John Greene, 

November 26. 1890 
Charles F. Bartling, 

November 26, 1894 
Henry N. Randle, 

December 1, 1898 
Daniel F. Brown, 

November 22, 1902 
John Greene, 

November 
John W. Rea, 

May 

December 
C. E. Landers, 

December 
M. T. Kiggins, 

November 
John W. Rea, 

November 26, 1918 
Owen W. Merriwether, 

December 2, 1922 



24, 1906 

22, 1907, 
14, 1908 

12, 1910 

25, 1914 



11. First state record of election or commission of treasurer; names and indi- 
cated terms of treasurers from 1821 to 1837 abstracted from county 
records. John Tlllson appointed June 4, 1821. County Commissioners' 
Court Record, v. A, p. 4. John Tillson appointed March 3, 1823. Ibid., 
p. 17. Luke Lea Steel appointed March 1, 1824, succeeding John Tillson. 
Ibid., p. 27. Israel Seward apjiointed March 6, 1827. Ibid., p. 65. Israel 
Seward appointed March 4, 1828. Ibid., p. 75. Benjamin Roberts ap- 
pointed March 2, 1829. Ibid., p. 85. Benjamin Roberts appointed March 
1, 1930. Ibid., p. 95. James G. Herman appointed March 7, 1831. Ibid., 
p. 105. James G. Herman appointed March 5, 1832. Ibid., p. 123. Thomas 
A. Gray appointed March 4, 1833. Ibid., p. 151. Thomas A. Gray ap- 
pointed March 3, 1834. Ibid., p. 176. Austin Whitten appointed March 2, 
1835. Ibid., p. 191. Wm. Shaffer appointed March 7, 1837. Ibid., p. 239. 
Wm. Shaffer resifined March 6, 1838. Ibid., p. 257. James Street elected 
treasurer April 16, 1838. Ibid., p. 263. County records state, at meeting 
held September 2, 1839, that Calvin B. Hartwell was elected treasurer. 
Ibid., p. 293 (presumably, at August election). Calvin B. Hartwell also 
mentioned as treasurer September 7, 1840. Ibid., v. B, p. 8. 

12. County records do not show Karriker serving as treasurer; for name of 
treasurer for year 1839, see footnote above. 



Roster of County Officers 



Earl H. Swingle, 

November 22, 1926 
Edward R. Butler, 

November 25, 1930 



Treasurers (cout.) 

Louis C. Spinner, 

November 27, 1934 
Newell Hill," 



SUPERINTENDENTS OF SCHOOLS 
(School commissioners to 1865 ) 



2, 1841 (elected) 
7, 1843 



1849 (elected) 
1851 

1853 



William H. High,' 

August 

August 
David B. Jackson, 

August 4, 1845 (elected) 

Israel Seward, 

August 2, 1847 (elected) 

Charles Seward, 

November 

November 
W. D. Seymore, 

November 12 
John W. King, . 

November 6, 1855 (elected) 
Joseph W. King, 

December 12, 1857 
John W. King, Sr., 

November 8, 1859 (elected) 
Sparton Grishom, 

December 11, 1861 
John C. Tully, 

November 12, 1863 
John C. Tully, 

November 23^ 1865 
Hiram L. Gregory, 

November 15, 1869 



Francis Springer, 

November 12, 1873 
Thomas E. Harris, 

December 1, 1877 
Jesse C. Barrett, 

December 1, 1882, 

December 6, 1886 
Jacob L. Taylor, 

November 26, 1890 
William H. Groner, 

November 27, 1894 
William J. McDavid, 

December 1, 1898, 

November 22, 1902 
John W. Harp, 

November 27, 1906, 

November 26, 1910 
Everett A. Lewey, 

November 25, 1914, 

November 5, 1918 (elected) 
John H. Grigg, 

December 2, 1922, 

November 22, 1926, 

November 25, 1930 
Walter F. Grotts. 

Julv 16. 1935 



SURVEYORS 

(Beginning September 1936, surveyor appointed 

by county board of supervisors ) 



John Gilson, 

February 13, 1821 
Robert Gillson, 

January 10, 1825 



John McPhaill, 

September 8, 1825, 
January 23, 1826 

David B. Jackson, 



13. Shown as county treasurer in Official list of State and County Officers 
July 1, 1939, p. 37. 

14. First state record; names and indicated terms of superintendents to 1841 
abstracted from county records. At a meeting held September 4, 1837, 
Israel Seward's bond as school commissioner was approved. County Com- 
missioners' Court Record, v. A, p. 246. This is first mention of a school 
commissioner in the county records. His bond as school commissioner 
was also approved on September 3, 1838, ibid., p. 269, and again on Sep- 
tember 2, 1839, ibid., p. 293. 



—61— 



Kousine, Care, and AccesBlbillty 
of tlie Records 



Sorveyort (cent.) 



February 15, 1831 
Andrew M. Braley, 

August 12, 1835 

Thomas A. Gray, 

December 31, 1836, 

August 17, 1839 

Charles Seward, 

August 14, 1843, 

August 11, 1847 

Thomas A. Gray, 

December 8, 1849, 

November 10, 1851 
James R. Welch, 

November 12, 1853 
James A. Starr, 

November 12, 1855 
Duncan C. Mclver, 

December 12, 1857 
Adam H. Bell, 

December 30, 1859 
James A. Starr, 

November 25, 1861 
John D. Williamson, 

March 16, 1863 

D. D. Swaney, 

November 12, 1863 
George W. Paisley, 

November 23, 1865 
Josiah Whitten. 

November 22, 1867 



Thomas Monroe, 




November 


16, 


1869 


John N. Keith, 






November 


19, 


1870 


David M. Starr, 






January 


2, 


1872 


Edmund Fish, 






November 


9, 


1875, 


December 


1, 


1879 


David M. Starr, 






December 


1, 


1882. 


November 


4, 


1884 (elected) 


December 


3, 


1888, 


December 


6. 


1892, 


December 


7, 


1896, 


November 


22, 


1900, 


December 


1, 


1904, 


December 


3. 


1908 (elected) 


November 


5, 


1912 


November 


7, 


1916 


John Johnson, 






November 


2, 


1920 (elected) 


William Baird, 






November 


4, 


1924 (elected) 


Harry Bell, 






November 


6. 


1928 (elected) 


H. A. Cress. Jr 






November 


'8, 


1932 (elected) 



— ea— 



(First entry. P< 88) 

4. HOUSING, CARE, AND ACCESSIBILITY 
OF THE RECORDS 

The first courthouse in Montgomery County, erected in 1823-1824, 
in Hillsboro after the county seat had been removed from Hamilton,' 
had been in use ten years when the need for a larger building to ac- 
commodate increased business caused the county board to advertise 
for bids for the erection of a new courthouse, September 3, 1833/ Not 
until October 18 was the contract to build let to Austin Whitten for 
the sum of $1,600.' Work progressed rather slowly, but on April 13, 
1835, the county board finally accepted the new building as being 
completed according to agreement and ordered the sheriff to sell the 
old courthouse/ Work on the interior dragged on for more than 
four years, however, and before final completion in 1839, a new roof 
was necessary.^ The completed building, located in the center of the 
public square, was a two-story, frame structure with a cupola. The 
floor on the first story was of brick while that on the second story 
was of planks. The total cost, including what had been paid Austin 
Whitten on his contract, was $5,148.48.'^ 

This second courthouse served the county for over thirty years. 
Repairs were made on it in 1850, costing $469.' In 1852, and the year 
following, it was completely remodeled by Ira Millard at a cost of 
$4,231.55,* and in 1858 a vault was installed for $721.60.' In 1864, the 
courthouse was again repaired at a total cost of $333.45.'" 

After the close of the Civil War, a movement gaining popular 
support, grew in favor of removing the county seat from Hillsboro, as 
several localities claimed to be better situated for the efficient admin- 
istration of county business. Wlien the proposal was made to build 
a new courthouse, the question of removal of the county seat to 
Litchfield became insistent. Under the circumstances the county 
board decided that it was more desirable to merely remodel the court- 
house than to build a new one while there was some likelihood of 
the county seat being changed. 

The remodeling, as carried through, was begun in 1868 and com- 
pleted in 1872 and resulted in a completely rebuilt courthouse. Con- 
tract for construction was awarded to H. H. Black and Company, of 



1. For the history of the selection of Hillsboro as county seat in 1823, two 
years after the county had been established, and the erection of the first 
court-house, see Historical Sketch, p. 12, 15, 16. 

2. County Commissionreg' Court Record, v. A, p. 166. 

3. Ibid., p. 168. The terms were $400 in advance, ?300 on March 10, 1834, 
and $300 every Marcli 10 until paid. 

4. Ibid., p. 199. 

5. Ibid., p. 266, 301. 

6. Ibid., p. 185, 205, 212, 222. 234, 239. 240. 253. 257, 269. 277. 293. 295. 301. 

7. County Court Record, v. 1, p. 20. 

8. Ibid., p. 119. 129, 130. 

9. Ibid., p. 372, 373. 

10. Ibid., V. C, p. 235. 237. 238, 240. 

— S3— 



aouslnfiT, Care, and Accessibility 
of the Records 

Litchfield, on June 2, 1868, by Joseph C. Hanner who had been ap- 
pointed agent for the county to take charge of the work, with strict 
orders to adhere to the plans prepared by G. B. Randall." The cost 
of construction was $61,444.25,'' entirely financed from the sale of 
swamp lands.'^ The main feature of the remodeled courthouse was 
the county jail, located on the third floor with the sheriff's living 
quarters on the second floor; this space was released when a new 
jail was built in 1909." 

No radical change in the outward appearance of the courthouse 
was ever made with the exception of an addition" on the northwest 
corner which was erected in 1912 to accommodate the county court but 
v/hich space is now used by the treasurer. Facilities for sanitation 
were installed in 1902 for $1,174 by George W. Brown,'" and in 1918 
by Brock and Martin at a cost of $3,464." In 1930 repairs were made 
on the tower at a cost of $855," and in 1937 a government project im- 
proved certain rooms in the basement at a cost of $800." 

The courthouse stands today practically as did the original build- 
ing, in the center of the public square. It is three and one-half 
stories high and built of brick; in size it is 50 feet high, 84 feet wide, 
and 98 feet long. There are two decorative cupolas on the north side 
rising 12 feet above the roof, and a square tower to the left of the 
main entrance on the southwest corner, rising 26 feet above the roof. 
Two interesting architectural features distinguish the building and 
directly affect the interior floor layouts. One is the square tower which 
incloses a winding stairway that leads from the main floor to the 
circuit court room, on the second floor, and the other is an abutting 
part of the courthouse on the east, the exterior of which is treated 
as a separate unit architecturally by being capped with a mansard 
roof to harmonize with a similar roof on the tower. The remainder 
of the courthouse is covered with a gently sloping roof coming to a 
point at the center. 

The interior is remarkably well arranged from the standpoint of 
efficient use of existing space. A long corridor running north and 
south divides the first floor into two parts. The west half of the 
courthouse contair.s the sheriff's ofRce: the county clerk's private 
office, his main office, and his vault; the treasurer's office, and the 
county judge's office. The east half of the courthouse contains the 
circuit clerk's suite, which consists of his outer office, his main office, 
and his private office. From the circuit clerk's outer office a door on 
the north leads into a short hall which in turn opens on the main 
central corridor. The office of the superintendent of highways occu- 
pies the northernmost section of the east half of the first floor. 



11. 


County Court Record, v. D, p. 44, 87, 88, 


12. 


Ibid., p. 415. 


13. 


Ibid., p. 44. 


14. 


Supervisors' Record, v. F, p. 283. 


15. 


Ibid., p. 505. 


16. 


Ibid., p. 67. 


17. 


•Ibid., V. G, p. 505. 


IS. 


Ibid., V. I, p. 51. 


19. 


Ibid., p. 569. 



Honsingr, Care, and Accessibility 
of the Records 

Two stairways within the courthouse proper, lead to the second 
floor. One is just outside of the county judge's and treasurer's offices, 
the other is within the circuit clerk's suite. Both of these stairways 
lead to small halls, the former on the north end of the courthouse, 
the latter on he east end. Occupying the main section of the second 
floor is the large circuit court room, two stories in height, public en- 
trance to which is made from the stairway tower on the southwest; 
admission is also gained from the stair hall and from the hall to the 
circuit judge's counsel rooms and cham.bers. The circuit judge's 
counsel room, and chambers, and a large counsel room are in the 
architecturally abutting east section. The north part of the second 
floor contains the state's attorney's suite of three rooms, the superin- 
tendent of schools suite of two rooms, and a men's lavatory, all of 
which rooms surround a large hall in the center of which, but flanking 
the wall of the circuit court room, is the stairway that leads on to 
the third floor. 

The practical development of the architectural features pointed 
out in the description of the first and second floors, creates a curious 
anomaly on the third floor. Due to the two-story height of the cir- 
cuit court room, the north part of the third floor and the abutting 
part on the east are completely isolated from each other, while the 
tower becomes merely a decorative feature of the exterior with no 
access to the interior. The north part of this floor contains the grand 
jury room and the jurors' sleeping quarters. The east part contains 
a petit jury room and jurors' sleeping quarters, separated by the 
stairway which continues on to the attic. The attic is separated into 
two large rooms, the northern one of which is vacant. 

The layout of the basement is as interesting in detail as are the 
upper stories of the courthouse. Though there are four entrances to 
the basement from the outside at the four corners of the building, 
there is only one entrance down from the main floor. An entrance 
in the vestibule beneath the stairway towers leads into the women's 
restrooms. On the opposite side, beneath the abutting part of the 
courthouse, an entrance leads to the boiler room. On the northwest 
side a door leads into offices constructed by the Work Projects Ad- 
ministration which at this writing are not permanently assigned. On 
the northeast side an entrance leads to a men's lavatory. Finally. 
entrance from the main floor is gained by a stairv/ay on the north 
side of the courthouse which leads to a little hallway that opens in 
turn on a long meandering corridor. Around this corridor are an 
oil storage room, the common vault, the small vault, a small ballot 
vault, and a store room. The corridor then twists around the boiler 
room in the southeast part of the basement and leads to a little hall 
beyond which is thp coal room. (For detailed floor plans of court- 
house, see pages 73-77. 

Certain county records are also kept by various officials outside 
of the courthouse. Thus: some of the sheriff's records are in the 
deputy sheriff's office in the county jail; the coroner's, in his resi- 
dence at 930 South Oak Street, Hillsboro; the probation officer's, in 

—63— 



her residence at 824 South State Street, Litchfield; the department 
of public welfare, in the old age assistance office in the Old Bank 
Building, 220 South Main Street, Hillsboro; the county farm superin- 
tendent's, in his home, 2 miles southwest of Hillsboro, R. F. D. 1; and 
the mine inspector's, in his residence at 833 Anna Street, Hillsboro. 

The distribution of records in offices and vaults in the Montgom- 
ery County courthouse indicate that only comparatively recent records 
are housed in the individual offices, these being the most often con- 
sulted. About 74 per cent of record volumes are stored in the various 
vaults. On the other hand, 59 per cent of the file boxes and 65 per 
cent of miscellaneous records are kept in the various offices. (For 
allocation of records according to offices in the depositories, as well 
as percentages of records stored therein, see charts on pages 71-72; 
for detailed information on the individual depositories with a descrip- 
tion of facilities for the housing of records, see charts on pages 67-70.) 

Provisions for careful housing and maintenance of records, with a 
view toward their best preservation, have been carried out. Binding 
and repair of record volumes are under direct supervision of the 
county board. Indexing" and filing of records follow systems generally 
adopted and employed by other counties in Illinois. 





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— 72— 



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BASEMENT 



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—76 — 




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Montgomery County Courthouse 

ROOF and ATl'IC 



5. ABBREVIATIONS, SYMBOLS, AND 
EXPLANATORY NOTES 

alph alphabetical (ly ) 

app appendix 

arr arranged (arrangement) 

Art Article 

assr assessor 

atty attorney 

aud auditor 

bd board 

bdl bundle (s) 

bldg building 

bsmt basement 

cf confer (compare) 

ch chapter (s) 

chron chronological (ly) 

cir circuit 

elk clerk 

CO county 

coll collector 

cont continued 

cor coroner 

ct court 

dept department 

f . b file box (es) 

f. d file drawer (s) 

f ., f f and following page (pages) 

fl. floor 

fm form 

ft feet 

hdgs headings 

hdw handwritten 

hwys highways 

ibid ibidem (in the same place) 

i. e id est (that is) 

111 Illinois Reports (Supreme Court) 

111. App Illinois Appellate Court (Reports) 

111. S. A Illinois Statutes Annotated 

in inch(es) 

infra below or following 

L Laws (of Illinois) 

loc. cit loco citato (in the place cited) 

mi mile(s) 

n footnote (s) 

no.(s) number (s) 

N. W Northwestern Reporter 

off office 

op. cit opere citato (in the work cited) 

p page(s) 

pr printed 

pro probate 

rec recorder 

—78 — 



AbbreTlatlons, Symbols, aad 
Bzplanaotry Notes 

Abbreviations, Symbols, and Explanatory Hotes (cont.) 

R. L Revised Laws (of Illinois) 

rm room 

R. S Revised Statutes (of Illinois) 

sch school (s) 

sec section (s) 

sep separate 

Sess Session 

sh sheriff 

Sp Special 

strm storeroom 

supra above or preceding 

supt superintendent 

surv surveyor 

treas treasurer 

twp.(s) township (s) 

U. S. R. S United States Revised Statutes 

U. S. Stats. L United States Statutes at Large 

V volume (s) 

vet veterinarian 

vice in place of 

vlt vault 

-- current 

1. Despite inaccuracies in spelling and punctuation, titles of 
records are shown in the inventory proper exactly as on volumes and 
file boxes. The current or most recent title is used as the title of 
the entry. 

2. Explanatory additions to inadequate titles and corrections of 
erroneous titles are enclosed in parentheses and have initial capitals. 

3. In the absence of titles, supplied titles are capitalized and 
enclosed in parentheses. 

4. In the title set-up, letters or numbers in parentheses indicate 
the exact labeling on volumes or file boxes. If the volumes or file 
boxes are unlabeled, no labeling is indicated. 

5. Title lines cross references are used to complete series for 
records kept separately for a period of time, and in other records for 
different periods of time, as in entry 4, "1821-1900 in Supervisors' 
Record, entry 3." They are also used in all artificial entries — records 
which must be shown separately under their own proper office or 
section heading even though they are kept in files or records appear- 
ing elsewhere in the inventory as in entry 14, "1889-1918 in (Miscel- 
laneous Files), entry 85; 1919-- in proceedings of Board of Supervisors, 
entry 2." In both instances, the description of the master entry 
shows the title and entry number of the record from which the cross 
reference is made, as in entry 3, "Also contains Supervisors' Records — 
Petitions and Reports (List of Allowed Claims), 1821-1900, entry 4." 
Dates shown in the description of the master entry are only for the 
part or parts of the record contained therein, and are shown only 
when they vary from those of the master entry. 

—79— 



6. Separate third paragraph cross references from entry to entry, 
and "see also" references under subject headings, are used to show 
prior, subsequent, or related records which are not part of the same 
series. 

7. Where no explanation of the beginning or for the discontinu- 
ance of a record is given, and where no cross reference appears, the 
information explaining such beginning or discontinuance could not 
he ascertained. 

8. Unless the index is self-contained, an entry for the index im- 
mediately follows its record entry. Cross references are given for ex- 
ceptions to the rule. 

9. Records may be assumed to be in good condition unless other- 
wise indicated. 

10. On maps and plat records, the names of author, engraver, 
and publisher, and information on scale have been omitted only when 
these data were not ascertainable. 

11. Unless otherwise specified, all records are located in the 
county courthouse. 



B. COUNTY OFFICERS AND THEIR RECORDS 



(Pint entry, p. SS) 

I. COUNTY BOARD 

In Illinois, the county board is that body which exercises the cor- 
porate or politic power of the county.' In Montgomery County since 
1821= three bodies have successively acted as a county board: the 
county commissioners' court, the county court, and the board of 
supervisors. 

The Constitution of 1818 provided that there should be elected in 
each county, for the purpose of transacting all county business, three 
commissioners whose term of service, powers, and duties should be 
regulated and defined by law.' The first General Assembly denomin- 
ated the commissioners a court of record, styled the county commis- 
sioners' court.' Four annual sessions were required to be held for six 
days each, unless the business should be completed sooner; addition- 
ally, any one of the commissioners had power, upon giving five days 
notice to the remaining commissioners and the clerk of the court, to 
call a special court which had the same authority as at a regular 
session." The first commissioners were elected for an irregular term;* 
subsequently it was provided that they should be elected at each bien- 
nial general election.' In 1837 the term was lengthened to three years 
and staggered, with one new commissioner elected annually.* There- 
after, the commissioner who was longest in office was to be recognized 
as the presiding officer of the court.' Compensation, originally set at 
the sum of $2.50 for each day's attendance in holding court," later 
was reduced to $1.50." In 1821 provision was made for the removal 
of commissioners for malfeasance or nonfeasance of duties, with 
proceedings as in criminal cases;'- when the first criminal code was 
enacted in 1827, the penalty was modified to a fine of not more than 
$200. with removal from office only upon recommendation of the 
jury." Vacancies resulting from any cause were filled by special 
election upon order of the clerk of the court to the district judges of 
election." 



1. R.I..1827, p. 107; B. S. 1845, p. 130; R. S. 1874, p. 306. 

2. Montgomery County was created in 1821. £.1821, p. 142, 143. 

3. Constitution of 1818, Schedule, sec. 4. 

4. Z.. 1819, p. 17 5. 

5. Ibid., p. 175, 176. 

6. Ibid., p. 100. The commissioneis were to continue in office from the 
election held on the fourth INIonday in April, 1819, until the first Wednes- 
day in August, 1820, and until their successors were elected and qualified. 
Not until 1821 was provision made for the election of such successois 
(Ii. 1821, p. 80). In Montgomery County, the first commissioners held 

office from April, 1821, to August, 1822, the first occurrence of a regular 
biennial election. 

7. 1. 1821, p. 80. 

8. B. Ii. 1837, p. 103, 104. In 1838, to initiate the new procedure, three com- 
missioners were elected; by lot, they held office respectively one, two, 
and three years. 

9. Ibid., p. 104. 

10. Ii. 1819, p. 176. 

11. B. 1^.1827, p. 205. 

12. z;. 1821, p. 20-22. Conviction further carried disqualification from holdiuK 
office for one year. 

13. B. Z.. 1827, p. 145. 

14. B. £. 1837, p. 104. No election was required to be held if the term of the 
commissioner vacating office would have expired within six months frcio 
the date of vacancy. 



County Board 

In 1848 when the State of Illinois adopted a new constitution, the 
county commissioners' court was discontinued. In its place, the con- 
stitution provided for an administrative body to be composed of an 
elected officer, the county judge, and such number of justices of the 
peace as should be required by law." In the following legislative ses- 
sion, the General Assembly provided for the election of two justices 
of the peace to sit with the county judge to transact county business." 
Their term of office, like that of the county judge, was set at four 
years." This body, styled the county court, was required to hold four 
sessions annually and when so sitting, had all power, jurisdiction, and 
authority formerly conferred upon the county commissioners' court.'* 
The compensation of the county judge was originally set at $2.50 for 
every day of holding court.'" In 1855 the amount was increased to 
$3.00.^" 

The new constitution also directed the General Assembly to pro- 
vide, by general law, for a township organization under which any 
county might organize v/henever a majority of the voters in the county 
should so determine." By provision of the subsequent enabling acts," 
a board of supervisors, whose members were to be elected one in each 
township annually,'' was created to transact all county business in 
counties adopting township organization.'' The board of supervisors 
was to meet for one regular session a year with the provision that 
special meetings might be held when convenient.'' The board mem- 
bers were compensated at the rate of $1.50 a day,'" and a fine was 
provided in the sum of $250.00 for refusal to perform, or neglect of, 
duties.-' 

Throughout the second constitutional period, Montgomery County 
was governed by a county court, not electing township organization 
until 1872. By that time Illinois had adopted a new constitution 
which, while continuing the provision for township organization in 

15. Constitution of 1848, Art. V, sec. IC, 17, 19. 

16. 1^.1849, p. 65, 66. 

17. Constitution of 1S48, Art. V, sec. 17; Z;. 1849, p. 62,65,66. 

18. Zi. 1849, p. 65. 
IS. Ibid., p. 63. 

20. I.. 1855, p. 181. 

21. Constitution of 1848, .Art. VII, sec. 6. 

22. !•. 1849, p. 190-224; !•. 1851. p. 35-78. The later law repealed and was a 
complete substitute for the earlier, but so far as the effect on the sphere 
of county government is concerned, there wa.s almost no difference be- 
tween the two. 

23. I.. 1849, p. 192; Z.. 1851, p. 38. 

24. Z.. 1849, p. 202-4; Z.. 1851, p. 50-52. 

25. 11.1849, p. 202; Zi. 1851, p. 51. In 1861 it was provided that special meet- 
ings could be called upon request of one third of the members of the 
board (Z;. 1861, p. 236). Since 1899 two regular meetings have been re- 
quired to be held by the board (Zi. 1899, p. 363). 

26. Z.. 1849, p. 203; Z.. 1851, p. 52. In 1861 compensation was increased to $2.00 
a day (L. 1861, p. 238). 

27. £.1849, p. 203, 204. This fine was reduced in 1851 to $200 (Z;. 1851, p. 52). 
Subsequent legislation reduced it still further and added the more frequent 
penalty for misfeasance, disqualification from office (R. S. 1874, p. 1080). 

—84 — 



County Boarfl 

counties so electing/* had provided for a different form of county 
board to supplant the county court as an administrative body. This 
board was to consist of three officers, styled county commissioners, 
and by subsequent legislation, was given all powers, jurisdiction, and 
authority formerly vested in the county court when acting in its 
administrative capacity/^ As Montgomery retained township organiz- 
ation from 1872 to the present, the county has never been affected 
by this change. 

Since 1874, population has been recognized as a factor in local 
representation on the board of supervisors. In that year, each town 
or city, in addition to its regular supervisor, became entitled to one 
assistant supervisor if it had four thousand or more inhabitants, two 
if sixty-five hundred, and one more for every additional twenty-five 
hundred.™ The assistant supervisors, whose terms run concurrently 
with those of the regular supervisors," have no powers or duties as 
town officers, but are members of the county board and enjoy the 
same powers and rights as other members. " The population require- 
ments in this respect have since changed, but have not affected 
Montgomery County." At present its board of supervisors has twenty- 
two members. The term of supervisors, lengthened in 1889 to two 
years," was further extended in 1931 to four years.^' Compensation 
was increased from $1.50 to $5.00 a day in 1919,"^ lowered to $4.00 in 
1933," and raised again to $5.00 in 1937,'' with an allowance of five 
cents per mile for necessary travel. 

The functions of the Illinois county board, in contrast to its legal 
status, have undergone little change since the beginning of statehood, 
the development being merely one of accretion and increasing com- 
plexity of duties within a well defined and nearly static sphere of 
authority and jurisdiction. The law establishing the court of county 
commissioners conferred upon it jurisdiction in all matters concern- 
ing county revenue.'' Of this basic provision, nearly all other statu- 
tory powers of the court can be considered extensions; some, enunci- 
ated in the same law, already show such a legislative viewpoint. The 
court was given power to regulate and impose the county tax and to 
grant such licenses as might also bring in a revenue; additionally, it 



2S. Constitution of 1870, Art. X, sec. 5. 

29. Ibid., Art. X, sec. 6; !•. 1873-74, p. 79, 80. 

30. B. S. 1874, p. 1075. 

31. Ibid., p. 1115. 

32. B. S. 1874, p. 1080; l. 1925, p. 605; L. 1929, p. 774; L. 1931, p. 905, 907; i;. 1933, 
p. 1115. 

33. In 1931 a different set of population requirements was applied to counties 
of one hundred thousand or more inhabitants (!■. 1931, p. 908). Two years 
later the differentiating figure was reduced to ninety thousand (!■. 1933, 
p. 1116). Montgomery County with its population of 35,278, according to 
the 1930 U. S. Census, was not affected at either time. 

34. L. 1889, p. 109; Z.. 1917, p. 793; 1^.1925, p.605. 
33. Z;. 1931, p. 905. 

36. Z;. 1849, p. 203; Ii. 1857, p. 186; 1^.1871-72, p. 444; L. 1919, p. 569. 

37. Z;. 1933, p. 615. 

35. T.. 1937, p. 601. 
39. Z.. 1819, p. 175. 



County Board 

was given authority over all public roads, canals, turnpike roads, and 
toll bridges/" Otlier legislation by the first General Assembly gave 
the court power to buy and sell lots whereon to erect county buildings 
and to contract for their construction;" later, in the case of the court- 
house at least, the court was declared to have the care and custody 
of the property and the right to make certain disposition of it." Care 
of the indigent was also made a function of the court; it was required 
to make appropriation, to be levied and collected in the same manner 
as other county revenue, for their support. As an extension of this 
fiscal function, it was required to appoint an overseer of the poor 
in every township and establish a county poorhouse if necessary." 
Fiscal control over school lands was exercised at first solely through 
the court's power of appointment of the trustees of school lands;" 
after the creation of the office of county school commissioner,'' firmer 
control was effected through the medium of reports which the com- 
missioner was required to submit to the court.'" By the terms of an- 
other early provision, a significant precursor of manv similar ones to 
be found in more recent years, the court aLso had authority to examine 
the full accounts of the commis.sioner." Other aspects of government 
which, farther removed from the fiscal core, come early into this 
jurisdictional sphere, are elections and juries. With regard to the 
former, the court was authorized to establish election precincts,'" ap- 
point judges of election,"' and allow compensation to election officials 
for services and stationery."' Its duty with regard to juries was rela- 
tively simple; it was required to select two panels each of petit and 
grand jurors. The former were required to be enrolled on the list of 
taxable inhabitants; tiie latter only to be freeholders or house- 
holders.'' 

The substitution of the county court for the county court com- 
missioners' court produced no important changes in the sphere of 
government; neither the second constitution nor the enabling legis- 
lation made any original pronouncements with regard to the powers 
or duties of the former.'" 

The revised law on township organization, in the main, only made 



40. I.. 1819, p. 175. 

41. Ibid., p. 237, 238. 
4 2. I.. 1843, p. 128. 

4!!. L. 1819, p. 127; I.. 1839, j). 138, m'J. 

4 4. R. I.. 1S27, p. :{66. 

4.'). R. L. 1329, p. 150. 

40. L. 1331, p. 175; R. S. 1845, p. .'jOO, .'iOl. 

47. L. 1831, p. 175. 

4S. Ij. 1821, p. 74. Th»re was in this law and many of those followingr a limit 

to the number of precincts which could be established. Seeli. 1825, p. 168; 

R.Ii.l827, p. 255: R. I.. 1829, p. 54; Ii. 1835, p. 141. Prior to 1821, each 

township was declared by statute to constitute an election district (1. 1819, 

p. 90). 
4 0. L. 1319, p. 90. 
50. Ibid., p. 99. 

.■il. Ibid., p. 255; i;. 1823, p. 182. 
52. Con.stitution of 184S, Art. V, sec. 1<I; L. 1849, p. 65. 



County Board 

more inclusive and definite the powers of the board." The board 
was given authority to purchase and hold any land v/ithin the county 
for the use of its inhabitants; it was also given authority to make 
such contracts, and to purchase and hold such personal property, as 
might be necessary to the exercise of its powers; moreover, it could 
make such orders for the disposition, regulation, or use of the cor- 
porate property as might seem to be to the interest of the inhabit- 
ants.''* Explicit also, was the authority to audit all claims against the 
county, and the accounts of such officers as were not otherwise pro- 
vided for by law." The board was also given power to appropriate 
funds for the construction of roads and bridges in any part of the 
county whenever a majority of the whole board might deem it proper 
and expedient.'" 

From the enabling legislation of the present constitutional period 
is drawn the following brief statement of the principal functions of 
the county board: 

1. The purchase, sale, and custody of the real and personal 
property of the county. 

2. The examination and settlement of accounts against the 
county. 

3. The issuance of orders on the county treasury in pursu- 
ance of its fiscal administration. 

4. The examination of accounts concerning the receipts and 
expenditures of county officers.''' 

5. The supervision of elections;''' the selection of juries;''" the 
construction and maintenance of roads and bridges;'"' the 
care of the indigent, infirm, and disabled."' 

6. The appropriation of funds necessary to the effecting of 
its functions;''-' the raising of such sums through taxa- 
tion: and in general, the management of county funds 
and county business."'' 

At all times the county board has had a clerk who has served it 
in a ministerial capacity. The law creating the county commissioners' 
court provided that it should have such an officer and gave it the 
power to appoint him."' This appointive power was rescinded in 1837 
by an act which made the office elective."' 

When the county court supplanted the county comniissioners' 

17, 18.51, previously cited, i. 1851, p. 35-7S. 



5.3. 


The Act of February 


54. 


Ibid., p. 50. 


55. 


Ibid., p. 51. 


56. 


Ibid. 


57. 


R. S. 1874, p. 306, n07. 


58. 


Ibid., p. 456, 46S. 


59. 


Ibid., p. 630. 


60. 


Ibid., p. 310. 


61. 


Ibid., p. 757, 7.-.S. 


62. 


Ibid., p. 307. 


6:i. 


Ibid., p. 306, 307. 


64. 


L. 1819, p. 175. 


65. 


R. I.. 1837, p. 49. 



Connty Board — ^Proceeding's of Board; (2-5) 

The substitution of tlie county court for the county com- 

court, the office of clerk of the latter body ceased to exist. A new < 
office was created by statute, that of clerk of the county court/* ' 
When the court sat for the transaction of county business, its clerk 
was in effect a clerk of the county board; legal recognition of this 
distinction was given in the provision that the clerk should keep his ■ 
records of the court's administrative actions separate from those of 
its judicial actions. For this purpose, two sets of books were to be 
kept."" 

In 1870 the new constitution established the office of county 
clerk;"' subsequently, the General Assembly provided that the county 
clerk should act as clerk of the county board''" as well as clerk of the 
county court.'" From that time to the present, the county board has 
been served in a ministerial capacity by this officer. 

The major record kept by the clerk for the county board is the : 
minutes of the proceedings. This heterogeneous record includes 1 
orders to issue warrants on the county treasury; the board's consider- 
ation of the action on reports of committees of its members on roads 
and bridges, indigent and infirm relief, schools, taxation, etc.; and its 
orders in regard to juries, licenses, and other matters within its 
jurisdiction." j 

The clerk also keeps, separately, a register of orders issued on ' 
the county treasury and lists of jury venire: files and preserves all 
bills of accounts acted on by the board; and has custody of reports 
required to be made to the board by the county treasurer, various 
school bodies, and a number of county officers.'' An obligation to 
preserve a multiplicity of other records is clearly set forth in the 
general provision requiring the clerk to have the care and custody of 
all papers appertaining to, as well as filed in, his office." 

GENERAL INDEX 
1. Index to Miscellaneous Files, 1821--. 1 v. 
Index to Proceeding's of Board of Supervisors, 1898--, entry 2; Blind 
Applications, entry 17; Tax Levies, entry 25; Birth Certificates, entry 
45; Death Certificates, entry 48; Marriage Licenses, entry 53; (Miscel- 
laneous Files), entry 85; (Dependent and Delinquent Children), entry 
129; Drainage Files, entry 314, showing file box labeling, and title ol I 
subject or name of person. Arr. alph. by title of subject or name 
of person. Hdw. and typed. 200 p. 18 x 12 x 2. Co. clk.'s off., 1st fl. 



66. Jm. 1849, p. 63. 

67. Ibid., p. 66. 

68. Constitution of 1870, Art. X, sec. 8. 

69. S. S. 1874, p. 322. 

70. Ibid., p. 260. 

n. Ii. 1819, p. 5, 6. 28, 77, 127, 334, S35, .".52: Xi. 1833, p. 145. 148; I.. 1838, p. l:!0, 
131; R. L. 1829, p. 126, 132-37, 151-53 ; !•. 1831, p. 89, 90; Ii. 1835, p. 131, i;!L', 
136; I.. 1839, p. 71,72; R. S. 1845, p. 287. 342. 403, 437 ; I.. 1849, p. 66; L. 1861, 
p. 234-37; R. S, 1874, p. 323. 

72. I..1819, p. 201. 315: X.. 1825, p. 147; R. I.. 1837, p. 366; t. 1845, p. IGO: R. S. 
1845, p. 136: I.. 1861, p. 237; R. S. 1874, p. 325. 

73. R. S. 1874, p. 322. 



County Board of Supervisors — 
Disposition of Accounts 

PROCEEDINGS OF BOARD 

2. Proceedings of Board of Supervisors, 1821--. 333 f.b. (169 not 
numbered, D39-D101, F18-F168). Title varies: County Commis- 
sioners' Court Files, 26 f.b. not numbered, 1821-73. 

Original papers acted on by board of supervisors, including com- 
munications, officers' and committees' reports, resolutions, petitions. 
bills and claims, accounts of receipts and expenditures, financial 
statements, county budgets, and roll calls. Also contains (Wolf 
Scalps), 1821-59, 1869-72, entry 5; (List of Cancelled County Orders 
and Jury Certificates), 1919--, entry 14; (Reports of Swamp Land 
Committee), 1821-86, entry 22: (List of Grand Jurors), 1821-1904, 
1906--, entry 23; Tax Levies, 1821-55. entry 25; Road Tax List, 1821-39, 
entry 30; and (Reports of State's Attorney), 1909--, entry 144. Arr. 
by date of filing. 1821-97, no index; for index, 1898--, see entry 1. 
Hdw. and typed. 6 x 41^2 x 9 - 11 x 4V2 x 13. 169 f.b. not numbered, 
f.b. D89-D101, 1821-1901, co. clk.'s off., 1st fl.; f.b. F18-F168, 1902-, 
common vlt., 1st fl. 

3. Supervisors' Record, 1821—. 15 v. (A, B, 1, C, D, A-J). Title 

varies: County Court Record, v. A. B, 1. C, D, 1821-72. 
Record of proceedings of county board, including dates and min- 
utes of meetings, bills and claims, jury list, tax levies, resolutions, com- 
mittee reports, election notices and returns, pauper aid accounts, lists 
of fees and salaries, petitions to levy school, road and bridge, and 
special taxes, appointments of deputy officers, issuances of liquor and 
other licenses, roll calls, and county budgets. Also contains Super- 
visors' Records - Petitions and Reports (List of Allowed Claims) 
1821-1900, entry 4, and Official Bonds and Commissions, 1821-72, entry 
78. Arr. by date of meeting. Indexed alph. by title of subject. 
1821-1907, hdw.; 1908—, typed. 300 p. 18 x 12 x 2. V. A, B, 1, C, D. 
A-I, 1821-1929, common vlt., 1st fl.; v. J, 1930—, co. clk.'s off., l.st fl. 

DISPOSITION OF ACCOUNTS 
(See also entries 2, 3. 254-289 ) 

Bills and Claims (See also 
entries 85[ix], 303-308) 

4. S.upervisors' Record - Petitions and Reports (List of Allowed 
Claims), 1901—. 5 v. (F-J). 1321-1900 Supervisors' Record, 
entry 3. 

Register of all claims allowed by county board, showing names of 
claimant, committee, and township, date, amount, and purpose of 
claim, and total amount allowed. Arr. bv date of claim. No ind.:^x. 
Typed. 500 p. 18 x 15 x 4. V. F-H, 1901-29, common vlt., 1st fl.; v. 
I, J, 1930--. CO. clk.'s off., 1st fl. 

5. (Wolf Scalps), 1880-68. 1 f. b. 1821-59, 1869-72 in Proceedings 
of Board of Supervisors, entry 2. 

Original claims filed for wolf scalp bounty, showing name of claim- 
ant, number of scalps taken, date, number, and amount of claim, and 
date and amount of payment. Arr. by date of claim. No index. Hdw. 
5 X 41/2 X 9. Co. clk.'s off., 1st fl. 



Caunty Board — Disposition (6-12) 

of Accounts 

Registers of County 
Orders. 

6. Register of County Warrants, 1874--. 11 v. (1 not labeled, 
B-G, 1-4). 

County warrants register, showing warrant number, date, amount, and 
purpose of warrant, and name of recipient. Also contains List of 
Blind Pension Warrants, 1916-22, 1927—, entry 8; List of Mothers' 
Pension Warrants, 1914-24, 1927--, entry 9; and List of Jury Warrants. 
1874-1923, 1926--, entry 10. Arr. by date of warrant. No index. Hdw. 
under pr. hdgs. 200 p. 17 x 15 x 2. 1 v. not labeled, v. B-D, 1874- 
1906, common vlt., 1st fl.; v. E-G, 1-4, 1907—, co. clk.'s off., 1st fl. 

7. County Highway (Motor Fuel Tax) Warrant Register, 1933--. 
1 V. 

Register of motor fuel tax warrants, showing date of warrant, war- 
rant and claim numbers, amount and purpose of claim, and amount 
of payment. Arr. by date of warrant. No index. Hdw. under pr. 
hdgs. 100 p. 15 X 10 x 1. Co. clk.'s off., 1st fl. 

8. List of Blind Pension Warrants, 1923-26. 1 v. 
1916-22, 1927— in Register of County Warrants, entry 6. 

Register of blind pension warrants, showing warrant number, name 
of recipient, and date and amount of payment. Arr. by warrant no. 
No index. Hdw under pr. hdgs. 320 p. 15 x 11 x IVa- Co. clk.'s off., 
1st fl. 

9. List of Mothers' Pension Warrants, 1925-26. 1 v. 1914-24. 
1927-- in Register of County Warrants, entry 6. 

Register of mothers' pension warrants, showing name of mother, 
warrant number, and date and amount of payment. Arr. by warrant 
no. No index. Hdw. under pr. hdgs. 320 p. 17 x 11 x 2. Co. clk.'s 
off., 1st fl. 

10. List of Jury Warrants, 1924-25. 1 v. 1874-1923, 1926-- in 
Register of County Warrants, entry 6. 

Register of jury warrants, showing warrant number, name of juror, 
days of service, miles of travel, and date and amount of warrant. Arr. 
by warrant no. No index. Hdw. under pr. hdgs. 320 p. 17 x 11 x 11/2. 
Co. clk.'s off., 1st fl. 

Cancelled County Orders (See 
also entry 235) 

11. Files of Cancelled County Orders, 1922--. 2 boxes, 5 f.d. 
Cancelled county orders, jury certificates, and highway warrants 
showing name of recipient, date, amount, and purpose of order, and 
date of cancellation. 1922-34, no obvious arr.; 1935--, arr. by order 
no. No index. Hdw. on pr. fm. Boxes 10 x 5 x 25; f. d. 15 x 12 x 18. 
Small vlt., bsmt. 

12. Warrants Mothers' Pension Act, 1914--. 4 v. 

Stub record of mothers' pension warrants, showing number, date, and 
amount of warrant, name of mother, and signature of recipient. Arr. 

— 90 — 



County Board — Managrement of (13-18) 

County Properties and Roads 

by warrant no. No index. Hdw. on pr. fm. 100 p. 15 x 12 x 1. 1 v., 
1914-16, common vlt., 1st fl.; 3 v., 1917—, co. clk.'s off., 1st fl. 

13. Stubs of County Warrants, 1847-1925. 46 v. Missing: 1852-63. 
Stub record of county warrants, showing amount, date, number, and 
purpose of warrant, and name of recipient. Arr. by warrant no. No 
index. Hdw. on pr. fm. 130 p. 18 x 10 x 1. 12 v., 1847-1905, co. clk.'s 
off., 1st fl.; 20 v., 1906-16, common vlt., bsmt.; 14 v., 1917-25, common 
vlt., 1st fl. 

14. (List of Cancelled County Orders and Jury Certificates), 

1889—. 1889-1918 in (Miscellaneous Files), entry 85; 1919— in 
Proceedings of Board of Supervisors, entry 2. 
Lists of cancelled county orders and jury certificates, showing date, 
number, purpose, and amount of order or certificate, name of recipi- 
ent, total amount of cancelled orders, and dates of cancellation. 
Hdw. under pr. hdgs. 

Pension Fund Accounts 
and Applications (See also 
entries 85[vii], 272) 

15. Record of Applicants For Relief of Blind, 1915--. 2 v. (1, 2). 
Register of blind relief applications, showing name of applicant, date, 
amount of pension allowable, and dates of examination and approval. 
Arr. by date of application. Indexed alph. by name of applicant. 
Hdw. under pr. hdgs. 158 p. 17 x 11 x 1. Co. clk.'s off., 1st fl. 

16. Mothers' Pension Account Book, 1914—. 3 v. (1-3). Title 
varies: Mothers' Pension Act, v. 1, 2, 1914-36. 

Record of mothers' pensions, showing name and address of mother, 
number of children, date of court decree, amount of allowance, and 
date of payment. Arr. by date of court decree. Indexed alph. by 
name of mother. Hdw. on pr. fm. 290 p. 15 x 11 x 2. Co. clk.'s off., 
1st fl. 

17. Blind Applications, 1915—. 1 f.b. 

Original applications for blind pensions, showing name, address, and 
age of applicant, affidavit as to citizenship and residence, notice to 
examiner of blind, endorsement of examiner, and dates of filing and 
acknowledgment. Arr. by date of filing. For index, see entry 1. 
Hdw. on pr. fm. 6 x 4 x 10. Co. clk.'s off.; 1st fl. 

MANAGEMENT OF COUNTY PROPERTIES 

AND ROADS 
(See also entries 297-299, 309, 311, 312, 315 ) 

Bond Issues 

18. (Register of Bonds), 1908—. 1 v. 

Register of highway, township, road and bridge, and school bond 
issues, showing bond and serial numbers, date, purpose, and amount 
of bond issue, and rate of interest. Arr. by date of bond issue. No 
index. Hdw. 150 p. 6 x 4 x V2- Co. clk.'s off., 1st fl.. 



Couaty Board — Report* (19-24) 

to Board; Jury Iiists 

Insurance (See also 
entry 85 [vi] ) 

19. Insurance Policies, 1934—. 1 bdl. 

Original insurance policies covering county properties, showing names 
of insui'ance company and property, amount, terms, and date of 
policy, and date of expiration. Arr. by date of policy. No index. 
T>'ped on pr. fm. 4x5x9. Co. clk.'s off., 1st fl. 

Motor Fuel Tax Allotments (See also 
entries 263, 303, 305, 308) 

20. Motor Fuel Tax Allotment Record, 1933--. 1 v. 

Record of motor fuel tax allotments, showing year of allotment, 
amount and date of appropriation, route and section numbers, receipt 
and claim numbers, amounts of receipts and disbursem.ents, and 
amount available. Arr. by route and sec. no. No index. Hdw. under 
pr. hdgs. 108 p. 10 x 7 x 1. Co. clk.'s off., 1st fl. 

REPORTS TO BOARD 
(See also entries 2. 3, 270-272, 279, 309, 321, 322) 

21. County Clerks Audited Reports. 1926—. 12 v. 

Original audited reports to county board, showing itemized account 
of receipts and expenditures of each fund, balance available, name of 
certified public accountant, date of report, and acknowledgment. 
Arr. by date of report. No index. -Typed. 50 p. 10 x 12 x Va- Co. 
clk.'s off., 1st fl. 

22. (Reports of Swamp Land Committee), 1821-1902. 1821-86 in 
Proceedings of Board of Supervisors, entry 2; 1887-1902 in 
(Miscellaneous Files), entry 85. 

Reports of special committee on swamp lands to county board, show- 
ing names of members, amount required from Federal government 
lor swamp lands, minutes of board meetings, resolutions passed, de- 
scription and location of swamp lands, and dates of meetings, report, 
sales, and filing. Hdw. and typed. 

JURY LISTS 
(See also entry 3) 

23. (List of Grand Jurors), 1821—. 1821-1904, 1906— in Proceed- 
ings of Board of Supervisors, entry 2; 1905 in (Miscellaneous 

Files), entry 85. 
Lists of grand jurors, showing names of township and juror, and dates 
of court term and filing. Tj'ped. 

24. Jury Lists, 1872—. 4 v. (A-D). 

Lists of jurors, showing names of jurors and township, and dates se- 
lected and drawn for service. Arr. by date of selection. No index. 
Hdw. under pr. hdu.s. 300 p. 14 x 12 x 2. Co. clk.'s off., 1st fl. 



— 92- 



(Next enttry. p. 97) 

II. COUNTY CLERK 

Forerunner of the present county clerk was the clerk of the county 
commissioners' court. This court was the administrative body in 
Montgomery County from the organization of the county in 1821 to 
1849.' The Constitution of 1848 and laws of 1849 created a new judi- 
cial branch of the county government presided over by the county 
judge and entitled the "co,unty court," and provided for the quadren- 
nial election of a "clerk of the county court.'" In addition to his 
duties as clerk of the judicial court, the incumbent was also to act 
as clerk of the administrative branch of government which consisted 
of the county judge and two justices of the peace sitting at special 
terms.^ 

The above-mentioned clerks performed the duties of county clerk 
as well as those of clerks of a judicial or administrative body. In 
fact, legislation frequently referred to these incumbents as "county 
clerks" when defining duties relating to county business as distinct 
from duties as clerks of judicial or administrative bodies. The Con- 
stitution of 1870 specifically provided for a county clerk,' who has 
continued to act to the present in this capacity, and also as clerk of 
the county board,' and clerk of the county court.' The revised statutes 
of 1874 adopted the use of a distinction of titles for each of his ex- 
ofRcio capacities, applying the title of "county clerk" only when re- 
ferring to his duties as such.' It is the performance of these duties 
that gives rise to the records dealt with in this section. 

The clerk was an appointee of the county commissioners' court 
in Montgomery County from 1821 to 1837.' In the latter year the office 
became elective with a four-year term;" a two-year term became ef- 
fective in 1847.'" A bond of $1,000 was set." The clerk of the county 
court served for a four-year term and was bonded in the sum of 
$3,000." The Constitution of 1870 and the revised statutes of 1874, 
establishing the office of county clerk, provided for his election for a 
quadrennial term, and that the amount of his bond be set by the 
county board.'' The bond is entered upon the records of his office, 
and deposited with the clerk of the circuit court. He is required to 
take oath, and is commissioned by the Governor." The county seal 
is kept by the clerk and is used by him when required. 

In general, the county clerk's performance of his functions re- 
sults in records relating to the following: taxation, vital statistics, 
licenses, and bonds. Various officials and agencies having authority 

1. Constitution of 181S, Schedule, sec. 4; 1^.1819, p. 175. 

2. Con.stitution of 1848, Art. V, sec. 16,18,19; 1.1849, p. 62, 63. 

3. L. 1849, p. 65, 66. 

4. Constitution of 1870, Art. VI, sec. 18, and Art. X, sec. 8. 

5. R. S. 1874, p. 322. 

6. Ibid., p. 260. 

7. Ibid., p. 260, 322. 

8. I.. 1819, p. 175. 

9. R. I.. 1837, p. 49. 

10. I.. 1845, p. 28. 

11. L. 1319, p. 176, 177; B. I.. 1833, p. 143; R. S. 1845, p. 131. 

12. I.. 1849, p. 63, 64. 

13. Constitution of 1870, Art. X, sec. 8; B. S. 1874, p. 321. ! 

14. R.S. 1874, p. 321. 

— 93 — 



County Clerk 

over these matters report to, or deposit records with, the county clerk 
who in this manner acts as a coordinating factor in the execution of 
local and state affairs. In regard to other of these matters, the clerk 
is required to perform duties on his own behalf and retain the records 
resulting from such performance. 

Illustrations of both of these procedures may be found by exam- 
ining the various duties and records relating to taxation. It is the 
duty of the county clerk to procure all books and blanks used in the 
assessment and collection of taxes, and to list in such books the lands 
and lots subject to taxation.'"' These books are then turned over to 
the supervisor of assessments who has the township assessors enter 
the valuations against each piece of property listed. The supervisor 
completes revisions and corrections upon complaint of property 
owners and returns the books in duplicate to the county clerk.'" Per- 
sonal property assessments are handled in essentially the same man- 
ner. The board of review then makes adjustments on complaints 
and equalizes assessments between districts, certifying corrections 
and revisions to the county clerk.'' The county clerk then reports the 
entire assessment list to the state tax commission for equalization, the 
equalized list then being used by the county clerk in ascertaining tax 
rates and extending taxes." 

The state tax commission also certifies to the county clerk the 
assessments of the capital stock of corporations and railroad and tele- 
graph companies, it being the duty of the clerk to extend these taxes 
and retain the books after use by the collector.'-' 

The books are next turned over to the county collector who, after 
collection, returns lists of collection, together with lists of uncollected 
real and personal property taxes. ' The county clerk attends all tax 
sales, prepares a list of all sales and issues duplicate reports thereof, 
records affidavits of purchases of property for taxes, and keeps a 
record known as the '"tax judgment, sale, redemption, and forfeiture 
recoid."" 

An extensive group of vital statistics records is kept by the county 
clerk, including leccrcs relating to births and deaths, marriages, 
physicians, and midwives. The first legislation in regard to the keep- 

l.j. Ii. 1867, p. 106; 1.1871-72, p. 19, 32; Ii. 1903, p. 297. During the period of 
the first constitution such books and lists were prepared by the auditor 
of public accounts and turned over to the clerk of the county commis- 
sioners' court (L. 1825, \). IIZ; R. t. 1827, p. ^29; I. 1839, p. 3,4; !■. 1847, 
p. SO). 

]♦;. "I'ho first assessment officer was the county treasurer (Ii. 1819, p. 31.5; 
B. Zi. 1827, p. 32S-36). In 1S39 this function was performed by the dis- 
trict assessors, who received from the county clerk copies of the auditor's 
transcripts (Ii. 1839, p. 3, 4). The treasurer resumed these duties in 1844 
(Xm. 1843, p. 231), retaining them until the institution of township organiza- 
tiu!) in 1873 resulted in the township assessors acting in each township 
(Zi. 1851, ]». 3S). The treasurer now acts as ex-officio supervisor of assess- 
ments (L. 1898, p. 36-44). 

17. L. 1898, p. 3<^-44. 

IS. £.1919, p. 723. 

19. Jb. 1871-72, p. 11, 13. 16: Ii. 1937, p. 1011,1012. 

20. I.. 1349, p. 124,12.5; L. 1871-72, p. o.i; L. 1931, p. 759. 

21. Ii. 1839, p. 3; 1.1871-72, p. 4S; L. 1879, p. $50. 

—94 — 



County Clerk 

ing of vital statistics was included in the act for the establishment 
of medical societies." One section of this act made it the duty of 
every physician to keep a record of births, deaths, and diseases occur- 
ring within the vicinity of his practice and to transmit such record 
to his medical society, whereupon the record was to be published in 
the newspapers. In 1842 it was provided that a parent could appear 
before the clerk of the county commissioners' court and make affidavit 
as to the birth of a child, and the eldest next of kin of a deceased 
person could similarly appear and make affidavit as to death." It is 
probable that the tenor of the above-mentioned laws explains the 
fact that no birth or death records exist in Montgomery County prior 
to 1877, the first law, 1819, requiring no public record to be kept, and 
the 1842 law providing that affidavits "may" be made. The act of 
1877 creating the State Board of Health required that all births and 
deaths in the county be reported to the county clerk by the attending 
physicians and accoucheurs supervising such events.'' Teeth were 
put into this and subsequent laws by providing penalties for non- 
compliance. In 1901 death certificates issued by physicians, midwives, 
or coroners were to be presented to town clerks who issued burial 
permits and forwarded the certificates to the county clerk.'"' In 1903 
certificates of death were to be turned over to the State Board of 
Health, which board, in turn, delivered to the county clerk all certifi- 
cates so received.'" In 1915 it was provided that for the registration of 
all births, stillbirths, and deaths outside any city, village, or incor- 
porated town, the township clerks should deposit a complete set of 
such records with the county clerk who was charged v/ith the binding 
and indexing, or recording, and safe keeping of such records." From 
the earliest date, the legislation in regard to these matters provided 
that the clerk retain the abstracts and certificates, keep a record of 
births and deaths, m.aintain alphabetical indexes, and issue certified 
copies of certificates upon request. The clerk has also been required 
to prepare a register of all physicians and accoucheurs in the county." 
Since the organization of Montgomery County in 1321, the county 
clerk, or clerk of the county commissioners' court, has been required 
to file marriage certificates and certificates of parents' consent to the 
marriage of minors.'" In 1827 the clerk was required to keep a sep- 
arate register of marriages in addition to his file of certificates.-" 
Before 1877 persons desiring to marry were required to secure licenses 
from the county clerk only when they had not previously published 
such intention, but in that year the securing of a license was made 
mandatory." Although a record of applications for marriage licenses 
has been kept by the clerk in this county since 1893, an act of 1937 



22. 


I.. 1819, p. 233. 


23. 


I.. 1842-43, p. 210-12. 


24. 


I.. 1877, p. 209. 


25. 


l. 1901, p. 302, 303. 


26. 


I.. 1903, p. 31.5-lS. 


27. 


I.. 1915, p. 660. 


2S. 


I.. 1877, p. 209. 


29. 


1. 1819, p. 27: R. S. 1845, p. 354; B. S. 1874, p. 694, 


30. 


R.I.. 1827, p. 2Slt. 


31. 


I.. 1877, p. 130. 



—95— 



Coanty Clerk 

appears to be the first legislation requiring the maintenance of such 
a record.^' The same act provides that persons desiring to marry 
shall present to the county clerk a certificate setting forth that such 
persons are free from venereal diseases, such certificates to be filed 
with the application for license to marry." Indexes to marriage rec- 
ords have been kept in Montgomery County since 1821. 

The county clerk is charged with a number of duties relating to 
elections, such as preparing and issuing blank ballots," poll books,*^ 
and certificates of election,''* and keeping a record of registers of 
elections," petitions,'^' and marked ballots," tally sheets,'" and election 
returns which are transmitted to him by the judges of election." 
Abstracts of returns were formerly prepared by the clerk, but these 
are now originated by the election commissioners or judges of election 
and deposited with the clerk. Returned ballots are destroyed by the 
clerk six months after election, provided no contest in which the 
ballots are needed is in progress.'- In 1889. when returns of election 
for school trustees were made to the county clerk, he was charged 
with furnishing to the county superintendent of schools a list of all 
such trustees." Now the clerk does not enter into the procedure, the 
school trustees canvassing the returns and certifying directly to the 
superintendent of schools." 

The bonds of a number of officials are required to be transmitted 
to the clerk for filing and entering in a book maintained for that 
purpose." Justices, of the peace and constables' oaths, bonds, and 
securities are approved by the clerk and entered in a separate book 
in accordance with statutory requirement. This book shows the date 
on which each justice of the peace and constable was sworn into 
office and the date of commission by the Governor. Resignations 
from these offices are made to the county clerk who enters such fact 
in the justices' and constables' record."^ 

The clerk is also charged with issuing licenses to taverns," 
ferries," etc., and keeping records of the same. Other records kept 
are: those relating to estrays;" registers of professionals, including 



32. 1^.1937, p. 909. 

33. Ibid., p. 910. 

34. L. 1891, p. 113: 3^.1911, p. 311. 

35. L. 1871-72, p. 386. 

36. 1^.1819, p. 96; Ii. 1821, p. 79; Ii. 1823, p. 64; I.. 1885, p. 176. 

37. 1.1865, p. 59: I.. 1871-72, p. 386. 

38. I.. 1911, p. 310, 311; 1.. 1929, p. 422. 

39. I.. 1891, p. lis. 

40. £.1885, p. 143. 

41. I.. 1819, p. 86: 1^.1821, p. 77; L. 1823, p. 64; I.. 1371-72, p. 96. 

42. Ii. 1917, p. 444. 

43. I.. 1889, p. 271. 322. 

44. L. 1909, p. 352. 

45. R.S. 1845, p. 396, 397; Ii. 1861, p. 237, 23S ; B. S. 1874, p. 325; Ii. 1895, p. ISS. 

46. I.. 1895, p. 188. 

47. Ii. 1819, p. 77-79: I.. 1933-34, Second Sp. Ses.«.. p. 64-66. 

48. B. Ii. 1827, p. 221: B. S. 1874, p. 530. 

49. I.. 1819, p. 206, 207; B. S. 1874, p. 483. 

— 96 — 



Connty Clerk — Taxation (25) 

physicians,"" midwives," dentists" chiropodists,'^ and veterinarians;'' 
list of county officers; list of town officers which is furnished annually 
by the town clerk;"' record of notaries public; "* and book of state civil 
service rules." Referring to his list of town officers, the county clerk 
reports annually to the State Department of Public Health the names 
and addresses of the supervisor, assessor, and clerk of each township, 
and the dates of the expiration of their terms of office.'" 

Included in the provision that the county clerk be charged with 
the care and custody of all records, books, and papers appertaining 
to, and filed or deposited in, his office,''' are those duties as clerk of 
the board, wherein he is required to record the proceedings of the 
board and to file all their books, records, and accounts."" Also in- 
cluded are his record-keeping duties as ex-otRcio clerk of the county 
court, with its resulting duties in relation to probate matters."' The 
clerk is also required to keep jury lists"' and a book in which he enters 
details as to orders upon the treasurer. He is further required to 
maintain alphabetical indexes to all records and papers in his office, 
and to supply copies of these records or papers to any person upon 
request and payment of the required fee."' 

TAXATION 

See also entries 85[i, x], 230, 239-253, 268, 269, 281, 
286, 314, 315) 
Lists of Taxable Property, 

Levies (See also entry 3) 

25. Tax Levies, 1856—. 29 f. b. (D60. D72-D79. A2. A5-A7, A9, 
A13, A74, A96, A99, A117 -A119. A129, A146. A151, A154, A159, 
A167, A168, A173). 1821-55 in Proceedings of Board of Super- 
visors, entry 2. 
Certificates of corporation, township, village, tov/n, city, school, and 
road and bridge tax levies, showing date, name of town, authority to 
levy, purpose and amount of tax, and clerk's signature. Arr. by date 
of certificate. For index, see entry 1. Hdw. and hdv/. under pr. hdgs. 
11 X 41/2 X 13. F. b. D60, D72-D79, 1856-98, co. clk.'s off., 1st fl.; 20 
f.b., 1899—, common vlt., 1st fl. 



50. L. 1877, p. 200; L. 1899, p. 275; L. 1923, p. 441,442. 

51. Ibid. 

52. I.. 1881, p. 79; Ii. 1899, p. 27.3; I. 1909, p. 27!*; L. 1933, p. 711. 

53. Ii. 1899, p. 280; L. 1935, p. 995. 

54. L. 1917, p. 591. 

55. I.. 1861, p. 22fi; B. S. 1874, p. 1077. 

56. Ii. 1871-72, p. 575; B. S. 1874, p. 7:.'l; L. 1875, p. 88. 

57. t. 1905, p. 115. 

58. I.. 1923, p. 480. 

59. B. S. 1874, p. :>22. 

60. I.. 1861, p. 20s : B. S. 1874, p. 322. 

61. B. S. 1874, p. 260. 

62. Ibid., p. 630. 
€3. Ibid., p. 321. 

— 97 — 



County Clerk— Taxation (26-32) 

26. Record of Taxes Wanted, 1878—. 6 v. (1 not numbered, 
2-6). 

Docket of rates and taxes wanted, showing name of township, school 
district number, date of assessment, state equalized valuation, tax 
rate, amount of request, and total tax. Arr. by date of assessment. 
No index. Hdw. on pr .fm. 312 p. 18 x 12 x 3. 1 v. not numbered, 
V. 2, 1878-93, common vlt., 1st fl.; v. 3-6, 1894—, co. clk.'s off., 1st fl. 

27. Assessor's Book, 1848—. 930 v. (Montgomery County as 
a whole, 1848-93, 104 v. Missing: 1852, 1855, 1856, 1860, 1870. 
Audubon, Bois d'Arc, Butler Grove, East Fork, Fillmore 
Grisham, Harvel, Hillsboro, Irving. Nokomis. North Litchfield, 
Pitman, Raymond, Rountree, South Litchfield, Walshville. 
Witt, and Zanesville tov^mships, 1894—, 45 v. each; South 
Fillmore township, 1922—, 16 v). 

Lists of taxable real estate and personal property, showing names of 
owner and assessor, description of property, tax spread, and amount 
of tax. South Fillmore Township organized in 1921 with first assess- 
ment in 1922. Also contains Abstract of Assessment and Taxes, 1848- 
1910, entry 31. Real estate arr. by sec, twp., and range; personal 
property arr. alph. by name of owner. No index. Hdw. under pr. 
hdgs. 100-150 p., 17 x 15 X 1V2. 911 v., 1848-1937, common vlt., bsmt.; 
19 v., 1938-, CO. clk.'s off., 1st fl. 

28. Railroad Tax Book, 1873—. 9 v. (5 not numbered, 4-7). 
Lists of taxable railroad property, showing date of levy, description 
and value of real and chattel property, amount of tax, and total 
amount of assessment. Arr. by date of levy. No index. 1873-193'"s 
hdw. under pr. hdgs.; 1938—, hdw. on pr. fm. 300 p. 18 x 14 x 3. 5 v. 
not numbered, v. 4, 5, 1873-1931, small vlt., bsmt.; v. 6, 7, 1932—, co 
clk.'s off., 1st fl. 

29. Telegraph and Telephone Book, 1884—. 4 v. 1, 1 not numbered, 
2, 3,). Missing: 1894-1900. 

Lists of taxable telephone and telegraph company property, showing 
name of company, legal description of property, tax spread, total tax, 
and date of levy. Arr. by date of levy. No index. Hdw. under pr. 
hdgs. 240 p. 17 X 11 X 2. V. 1, 1884-93, co. clk.'s off., 1st fl.; 1 v. not 
numbered, v. 2. 3, 1901--, common vlt., 1st fl. 

30. Road Tax List, 1840-82. 8 f.b. 1821-39 in Proceedings of 
Board of Supervisors, entry 2. 

Lists of lands subject to road tax, showing name of owner, descrip- 
tion of property, number of road district, assessed value, amount of 
taxes, and date of filing. Arr. by date of filing. No index. Hdw 
under pr. hdgs. 6 x 41^2 x 9. Co. clk.'s off., 1st fl. 

31. Abstract of Assessment and Taxes, 1911 ~. 3 v. (2 not number- 
ed, 2). 1848-1910 in Assessor's Book, entry 27. 

Abstract statements of real and personal property tax levies, showing 
date, name of township, assessed values of lands, lots, and personal 
property, and total amount of assessment. Arr. alph. by name of 
twp. No index. Hdw. under pr. hdgs. 75 p. 18 x 15 x 1. Co. clk.'s 
off., 1st fl. 

32. Special Assessment Rolls, 1906—. 2 v. (1, 2). 

Lists of property subject to special assessment, sho^\ing cost of im- 
provement, names of property owners, description of land, descrip- 
tion and location of improvement, and date and amount of assess- 

—98— 



County Clerk — Taxation (33-38) 

ment. Arr. by date of assessment. Indexed alph. by name of twp 
Hdw. under pr. hdgs. 250 p. 15 x 14 x 3. Co. clk.'s off., 1st fl. 

33. Lands In Montgomery County, 1827-38. 2 v. 

Lists of lands in Montgomery County subject to taxation, showing 
name of owner, legal description of property, number of acres, dates 
of purchase and entry, and tax rate. Arr. by date of entry. No 
index. Hdw. 75 - 100 p. 7 x 12 x 1/2 - 12 x 8 x 1. Common vlt., 
1st fl. 
Collections, Abatement 

34. Collector's Book, 1851--. 903 v. (Montgomery County as a 
whole, 1851-93, 77 v.;Audubon, Bois d'Arc, Butler Grove, 
East Fork, Fillmore, Grisham, Harvel, Hillsboro, Irving, Noko- 
mis. North Litchfield, Pitman, Raymond, Rountree, South 
Litchfield, Walshville, Witt, and Zanesville townships, 1894--, 
45 V. each; South Fillmore Township, 1923—. 16 v.) 

Lists of I'eal and personal property tax collections, showing names of 
owner and collector, description of property, tax spread, and date 
and amount of collection. South Fillmore Township organized in 
1921 from part of Fillmore Township with first tax collections in 1923. 
Also contains Abstract of Assessment, 1851-1908, entry 35. Real estate 
arr. by sec, twp., and range; personal property arr. alph. by name 
of owner. No index. Hdv/. under pr. hdgs. 100 - 150 p. 14 x 16 x 1 - 
17 X 15 X 11/2. 675 v., 1851-1926, common vlt., 1st fl.; 209 v., 1927-37, 
small vlt., bsmt.; 19 v., 1938—, treas.'s off., 1st fl. 

35. Abstracts of Assessment, 1909—. 7 v. 1851-1908 in Collector's 
Book, entry 34. 

Abstract statements of tax collections, showing date, name of town- 
ship, total value of property, amounts of taxes, costs, and penalties, 
and total taxes. Arr. alph. by name of twp. No. index. Hdw. under 
pr. hdgs. 14 - 80 p. 18 x 14 x 1/2 - 17 x 15 x 1. Co. clk.'s off., 1st fl. 

36. Abatement Record, 1910--. 4 v. 

Lists of real and personal property tax abatements, showing name of 
owner, description of property, owner's and equalized values, amounts 
of taxes, costs, and penalties, cause for delinquency, and date of abate- 
ment. Real estate arr. by sec, tv/p., and range; personal property 
arr. alph. by name of owner. No index. Hdw. under pr .hdgs. 240 p. 
15 X 12 X 2. Co. clk.'s off., 1st fl. 

37. Docket of Back Taxes, 1871-80. 1 V. 

Lists of delinqent taxes, showing name of owner, legal description of 
property, and amount of tax due. Arr. by sec, twp., and range. No 
index. Hdw. under pr. hdgs. 260 p. 15 x 13 x IVa. Common vlt., 
1st fl. 

Judgment, Sale, Redemption, 
Forfeiture 

38. Tax Judgment Sale, Redemption, and Forfeiture Record. 

1881—. 29 V. (1 not labeled. C-Z, 27-30). 
Record of tax judgments, sales, redemptions, and forfeitures, showing 
names of owner, purchaser or redeemer, and township, legal descrip- 
tion and value of pro$)erty, amounts of taxes, costs, interest, and 
penalties, dates of judgment, sale, redemption, forfeiture, and tax 
deed, and acknowledgment. Tax Judgment Record, entry 39, includ- 

— 99 — 



County Clerk — Taxation (39-44) 

ing Forfeiture Record, entry 41; and Sales and Redemption Record, 
entry 40, formerly kept separately. Arr. by sec, twp., and range. In- 
dexed alph. by name of twp. Hdw. on pr. fm. 200 p. 15 x 10 x 2. 
Co. clk.'s off., 1st fl. 

39. Tax Judgment Record, 1857-80. 4 v. Title varies: Record of 
Delinquent Lands, 1 v. not lettered, 1857-67. 1881-- in Tax 
Judgment, Sale, Redemption, and Forfeiture Record, entry 38. 

Record of judgments on delinquent lands and town lots, showing name 
of owner, legal description of property, amounts of taxes, costs, inter- 
est, and penalties, and date and amount of judgment. Also contains 
Forfeiture Record, 1857-78, 1880, entry 41. Arr. by sec, twp., and 
rsnge. No index. Hdw. under pr. hdgs. 300 p. 15 x 10 x 3. Co. clk.'s 
off., 1st fl. 

40. Sales and Redemption Record, 1862-80. 5 v. (1, B-D, 1 not 
labeled). Title varies: Tax Sales, v. 1, B, 1862-74. 1881— in 
Tax Judgment, Sale, Redemption, and Forfeiture Record, 
entry 38. 

Record of tax sales and redemptions of lands and lots, showing names 
of owner and purchaser or reacemer, legal description of property, 
amount of judgment, and date and amouni or saie or redemption. 
Arr. by sec, twp., and range. No index. Hdw. under pr. hdgs. 250 p 
15 X 10 X 21/2- Co. clk.'s off., 1st fl. 

41. Forfeiture Record, 1879. 1 v. 1857-78, 1880 in Tax Judgment 
Record, entry 39; 1881— in Tax Judgment, Sale, Redemption, 
and Forfeiture Record, entry 38. 

Record of property forfeited at tax sales for want of bidders, showing 
name of owner, legal description of property, date of forfeiture, and 
amounts of delinquent tax, costs, interest, and penalties. Arr. by 
s€c., twp., and range. No index. Hdw. under pr. hdgs. 240 p. 
15 X 13 x 2. Common vlt., 1st fl. 

42. Application For Deeds, 1859--. 2 v. (B, C). 

Copies of applications for tax deeds, showing legal description of land, 
names of owner and purchaser, dates of application and sale, amount 
of sale, and acknowledgment. Also contains affidavits for Tax Deed 
Record, 1859-82, entry 43. Arr. by date of application. Indexed alph. 
by name of purchaser. 1859-1928, hdw.; 1929—, typed. 300 p. 
18 X 12 X 3. Co. clk.'s off., 1st fl. 

43. Affidavits For Tax Deed Record, 1883—. 1 v. (B). 1859-82 in 
Application for Deeds, entry 42. 

Copies of affidavits for tax deeds, showing names of owner and pur- 
chaser, legal description of property, dates of affidavit and sale, 
amount of sale, and acknowledgment. Arr. by date of affidavit. In- 
dexed alph. by name of affiant. Hdw. on pr. fm. 350 p. 17 x 11 x 3. 
Co. clk.'s off., 1st fl. 

For original affidavits for tax deeds, see entry 85 [i]. 
Flats 

44. School Plats, 1856—. 3 v. (1 not labeled, 4, A). Last entry 
1926. 

Plats of school districts used for taxation purposes, showing school 
district number, legal description of lands, boundary fines, and date 

— 100 — 



County Clerk — (45-49) 

Vital Statistics 

of plat. Arr. by school district no. No index. Author, county sur- 
veyor. Hand-drawn. V/a in. to 1 mi. 90 p. 20 x 18 x Va- Co. clk.'s 
off., 1st fl. 

VITAL STATISTICS 

Births 

45. Birth Certificates, 1877--. 18 f.b. (B29-B32, B38, A26, A36, 
A37, A39, 1877-1915; A87, A89, A92, A109, A122, A135, A145, A161, 
1917-), 1 V. (1916). 

Original birth certificates showing date and number of certificate, 
date and place of birth, names of child, parents, and physician or 
midwife, registration district number, personal and statistical par- 
ticulars, signatures of physician and county clerk, and date of filing. 
1877-1915, 1917—, arr. by certificate no.; 1916, arr. alph. by name of 
child. For index, see entry 1. Hdw. on pr. fm. F. b. 10 x 12 x 4; 
V. 500 p. 7 x 10 X 5. F. b. B29-B32, B38, 1877-1903, 1 v., 1916, CO. clk.'s 
off., 1st fl.; f. b. A26, A36, A37, A39, 1904-15, f. b. A87, A89, A92, A105, 
A109, A122, A135, A145, A161, 1917—, common vlt., 1st fl. 

46. Birth Record, 1877— . 18 v. (1-18). Title varies: Register of 
Births, V. 1-4, 1877-1905. 

Record of births, showing date and number of certificate, date and 
place of birth, sex, color, and name of child, names of parents and 
physician or midwife, number of children of mother, signatures of 
physician and county clerk, and date of filing. Arr. by date of filing. 
For index, 1877-1918, see entry 47; 1919--, indexed alph. by name of 
child. 1877-1905, hdw.; 1906—, hdw. on pr. fm. 580 p. 18 x 12 x 21/2. 
Common vlt., 1st fl. 

47. Index To Births, 1877-1918. 7 v. (1-7). 

Index to Birth Record, entry 46, showing name of child, date and 
number of certificate, and volume and page of entry. Arr. alph. by 
name of child. Hdw. under pr. hdgs. 580 p. 18 x 12 x 2. Common 
vlt., 1st fl. 

Deaths and Stillbirths (See also entry 234) 

48. Death Certificates, 1877—. 6 f.b. (D33-D35, A14, A87, A90). 
Original death and stillbirth certificates showing place, cause, and 
date of death, registration and primary district numbers, personal 
and statistical particulars of deceased, names of deceased, informant, 
undertaker, and physician, medical certification of death, and sig- 
nature of county clerk. Arr. by certificate no. For index, see entry 1. 
Hdw. on pr . fm. 10 x 4 x 12. F. b. D33-D35, 1877-1903, co. clk.'s off., 
1st fl.; f. b. A14, A87, A90, 1904—, common vlt., 1st fl. 

49. Death Record, 1877—. 10 v. (1-10). Title varies: Register 
of Death, v. 1, 1877-95; Certificate of Death, v. 3, 4, 1911-16. 

Record of deaths, showing names of deceased, parents, physician, and 
undertaker, cause, date, and place of death, medical certification of 
death, and date of filing death certificate. Arr. py date of filing. 
For index, 1877-1910, see entry 50; 1911—, indexed alph. by name ol 
deceased. Hdw. on pr. fm. 580 p. 14 x 16 x 3. Common vlt., 1st fl. 

—101— 



County Clerk — (50-55) 

▼Ital StatlsUcs 

50. Index To Register of Death, 1877-1910. 1 v. 

Index to Death Record, entry 49, showing certificate number, name 
of deceased, and volume and page of entry. Arr. alph. by name of 
deceased. Hdw. under pr. hdgs. 90 p. 17 x 11 x 1. Common vlt., 
1st fl. 

51. Register of Stillbirths, 1877—. 2 v. (1 not numbered, 1). 
Stillbirth register showing names and addresses of parents, date, 
place, and cause of stillbirth, sex and color of stillborn child, date 
and place of burial, names of undertaker and medical attendant, and 
date of registration. Arr. by date of registration. Indexed alph. by 
names of parents. Hdw. under pr. hdgs. 292 p. 17 x 11 x V/2. Com- 
mon vlt., 1st fl. 

52. Veterans' Death Record, 1932—. 1 v. (1). 

Copies of death certificates of World War veterans, showing name 
and regiment of veteran, name of undertaker, date and place of burial, 
personal and occupational particulars, dates of birth, enlistment, dis- 
charge, and death, cause of death, and date of filling certifiates. 
Arr. by date of filing. No index. Hdw. and typed on pr. fm. 108 p. 
10 x 7 X 1. Co. clk.'s off., 1st fl. 

Marriages (See also 
entry 91) 

53. Marriage Licenses, 1821—. 45 f. b. (D2-D26, D36, D37, D41, 
A27-A31, A38, A78, A81, A85, A95, A121, A123, A136, A149, 
A153, A166, A171). 

Marriage licenses returned to county clerk, showing names of bride, 
groom, and official performing ceremony, personal and statistical 
particulars of couple, date and number of license, and dates of cere- 
mony and reti>rn. Also contains in unbound form. Application for 
Marriage Licenses, 1821-92, entry 54. Arr. by license no. For index, 
see entry 1. 1821-33, hdw.; 1834—, hdw. on pr. fm. 10 x 5 x 14. F. b. 
D2-D26, D36, D37, D41, 1821-1904, co. elk's off., 1st fl. 17 f. b. 1905-, 
common vlt., 1st fl. 

54. Applications For Marriage Licenses, 1893—. 21 v. (3 not 
labeled, X-Z, 1-14, 1 not labeled). 1821-92 in unbound form, 
Marriage Licenses, entry 53. 

Applications for marriage licenses, showing names, addresses, and 
ages of male and female, date and number of application, and sig- 
nature of county clerk. 1893-1936, arr. by date of application; 1937—, 
arr. by application no. 1893-1936, indexed alph. by name of appli- 
cant; 1937—, no index. Hdw. on pr. fm. 200 - 578 p. 12 x 11 x 2 - 
17 X 11 X 2V2. 3 V. not labeled, v. X-Z, 1-11, 1893-1930, small vlt., bsmt.; 
v. 12-14, 1 not labeled, 1931—, co. clk.'s off., 1st fl. 

55. IVIarriage Record, 1821—. 14 v. (1-7, X-Z, A-D). 

Record of marriages, showing names of bride, groom, parents, wit- 
nesses, and person performing ceremony, personal and statistical par- 
ticulars of bride and groom, and dates of license, ceremony, return 
of license, and registration. Arr. by date of registration. For index, 
see entry 56. Hdw. on pr. fm. 620 p. 17 x 11 x 21/2- V. 1-7, X-Z. 
1821-1929, common vlt., bsmt.; v. A-D, 1930—, co. clk.'s off., 1st fl. 

— 102 — 



County Clerk — (56-61) 

Licenses and Begfisters 

56. Index To Marriagres, 1821--, 4 v. (AA, AA male; B, B 
female). 

Index to Marriage Record, entry 55, showing names of bride and 
groom, registration number, and volume and page of entry. Arr. alph. 
by names of bride and groom. Hdw. under pr. hdgs. 620 p. 17 x 11 
X 21/2. Co. clk.'s off., 1st fl. 

57. Physicians' Certificate, 1937--. 1 v. (15). 

Copies of physicians' certificates of medical examinations of persons 
wishing to secure marriage licenses, showing names of applicant, 
city, and county, types and results of tests, signature and address of 
physician, and date of certificate. Arr. by date of certificate. No 
index. Hdw. on pr. fm. 200 p. 10 x 9 x 3. Co. clk.'s off., 1st fl. 
Agricultural Census 

58. Agricultural Statistics, 1891-93. 1 v. 

Summary of agricultural statistics, showing date, name of township, 
number of acres of land, number, kind, and value of live stock, and 
number of acres of grain and forage crops. Arr. by date of summary. 
No index. Hdw. on pr. fm. 75 p. 18 x 12 x Va- Common vlt., 1st fl. 

LICENSES AND REGISTERS. 

Registers of Officers (See 
also entries 294, 295) 

59. Register of Commissions of County Officers, 1857—. 2 v. 
Register of commissions of county judge, county clerk, and county 
surveyor, showing name and address of officer, title of office, date of 
election date and amount of bond, names of sureties, date of expira- 
tion of commission, and remarks; includes registers of commission of 
sheriff, I860--; city marshall, 1862—; circuit clerk and coroner, 1864—; 
superintendent of schools, 1865—; notaries public, 1870--; state's attor- 
ney, 1872--; and county treasurer, 1873—. Also contains Register of 
Town Officers, 1857-1913, entry 60. Arr. alph. by name of twp. No 
index. Hdw. under pr. hdgs. 140 p. 16 x 11 x IVa. 1 v., 1857-97, com- 
mon vlt., 1st fl.; 1 v., 1898—, CO. clk.'s off, 1st fl. 

60. Register of Town Officers, 1914—. 4 v. (2 not numbered, 
2, 3). 1857-1913 in Register of Commissions of County 
Officers, entry 59. 

Register of elected town officers, including supervisors, town clerks, 
assessors, collectors, commissioners of highways, justices of peace, 
poundmasters, school trustees, constables, police magistrates, and 
mayors, showing names of township, officer, and sureties, title of office, 
dates of election and bond, date of expiration of term of office, and 
remarks. Arr. alph. by name of twp. No index. Hdw. under pr. hdgs. 
150 p. 16 x 11 x 1. 2 V. not numbered, 1914-32, common vlt., 1st fl.; 
V. 2, 3, 1933—, CO. clk.'s off., 1st fl. 
Professional Licenses 
and Registers 

61. Physicians' and Midwives' Certificate, 1877--. 1 v. Last 
entry 1935. 

Copies of original certificates of midwives issued by Illinois State 
Beard of Health, 1877-1916, and Department of Public Health, 1917—, 

—103— 



Connty Clerk— (62-67) 

Licenses and Registers 

showing name and address of midwife, date and number of certificate, 
certification of authority to practice, and date of filing. Also con- 
tains Physicians' and Surgeons' Record, 1877-1902, entry 62. Arr. by 
date of filing. Indexed alph. by name of practitioner. Hdw. on pr. 
fm. 142 p. 18 X 12 xl. Common vlt., 1st fl. 

62. Physicians' and Surgeons' Record, 1903—. 1 v. Last entry 
1933. 1877-1902 in Physicians' and Midwives' Certificate, 
entry 61. 

Copies of physicians' and surgeons' certificates, showing date and 
number of certificate, name, address, and nativity of practitioner, 
name and location of college of graduation, names of president and 
secretary of board of examiners, acknowledgment, and date of filing. 
Arr. by date of filing. No index. Hdw. on pr. fm. 160 p. 18 x 12 x 1. 
Common vlt., 1st fl. 

63. Architects' License Record, 1897—. 1 v. (1). Last entry 1908. 
Copies of architects' licenses, showing date and number of license, 
name and address of architect, renewal fee, certification to practice, 
signatures of president and secretary of state board of examiners, and 
dates of filing and recording. Arr. by date of recording. No index. 
Hdw. on pr. fm. 80 p. 14 x 12 x 1. Common vlt., 1st fl. 

64. Veterinary Record, 1899—. 1 v. (A). Last entry 1931. 
Copies of veterinary surgeons' certificates, showing date and number 
of certificate, name and address of veterinarian, certification author- 
izing practice, acknowledgment, and date of filing. Arr. by date of 
filing. Indexed alph. by name of veterinarian. Hdw. on pr. fm. 
240 p. 19 X 13 X 11/2- Common vlt., 1st fl. 

65. Register of Certificates, Doctors, Osteopaths, Dentists, and 
Nurses, 1877—. 2 v. (1, 1). 

Register of physicians' and surveyors' licenses, showing name and 
address of practitioner, date and number of certificate, school of 
practice, names of president and secretary of examining board, num- 
ber of years practice, and date of filing; includes register of osteo- 
paths' licenses, 1917--. Also contains Dentist Register, 1926--, entry 
66, and Register of Nurses, 1923--, entry 67. Arr. by date of filing. 
Indexed alph. by name of practitioner. Hdw. under pr. hdgs. 600 p. 
18 X 12 X 3. Co. clk.'s off., 1st fl. 

66. Dentist Register, 1882-1925. 1 v. 1926— in Register of Cer- 
tificates, Doctors, Osteopaths, Dentists, and Nurses, entry 65. 

Register of dental certificates, showing name, age. and address of 
dentist, date and number of certificate, date of registration, years of 
practice in state, and names of president and secretary of examining 
board. Arr. by date of registration. No index. Hdw. under pr. hdgs. 
160 p. 17 X 11 X 1. Common vlt., 1st fl. 

67. Register of Nurses, 1914-22. 1 v. 1923— in Register of Cer- 
tificates, Doctors, Osteopaths, Dentists, and Nurses, entry 65. 

Register of nurses' certificates, showing name and address of nurse, 
date and number of certificate, authority to practice, acknowledg- 
ment, and date of registration. Arr. by date of registration. Indexed 
alph. by name of nurse. Hdw. under pr. hdgs. 140 p. 18 x 12 x 1 
Common vlt., 1st fl. 

— 104 — 



County Clerk — (68-74) 

Iiicenses and Begristers 

68. Optometry Register, 1916—. 1 v. (1). Last entry 1917. 
Register of optometrists' certificates, showing name and address of 
optometrist, date and class of certificate, names of president and 
secretary of examining board, date of registration, and signature of 
clerk. Arr. by date of registration. No index. Hdw. mider pr. hdgs. 
320 p. 18 X 12 X 2. Common vlt., 1st fl. 

69. Register of Physicians and Accoucheurs, 1877-1917. 1 v. 
Register of physicians and accoucheurs, showing name, age and 
address of practitioner, school of practice, date and number of certifi- 
cate, names of examining board members, and date of registration. 
Arr. by date of registration. No index. Hdw. under pr. hdgs. 160 p. 
18 x 12 X Yz. Common vlt., 1st fl. 

Patents 

70. Patent Record, 1869-73. 1 v. Now kept by the United States 
Patent Office, Washington, D. C. 

Copies of patent certificates, showing name and address of patentee, 
description of invented article, patent number, and date of filing. 
Arr. by date of filing. Indexed alph. by name of patentee. Hdw. on 
pr. fm. 420 p. 17 x 12 x 2. Common vlt., 1st fl. 

Militia Roll 

71. Militia Roll Record, 1861-62. 1 v. 

Record of militia enrollment for Civil War, showing name and age of 
soldier, rank, and place and date of enlistment. Arr. alph. by name 
of soldier. No index. Hdw. under pr. hdgs. 200 p. 15 x 12 x 2. Com- 
mon vlt., 1st fl. 

Stallion Certifi- 
cates (See also entry 114) 

72. Stallion Certificates, 1890-1902. 1 f.b. 

Certificates of stallion registration, showing names of stallion and 
owner, date and number of certificate, and date and place of regis- 
tration. Arr. by date of registration. No index. Hdw. and typed on 
pr. fm. 6 X 4V2 x 9. Co. clk.'s off., 1st fl. 
Estrays. 

73. Estray Papers, 1821-1901. 8 f.b. 1902— in (Miscellaneous 
Files), entry 85. 

Estray notices and miscellaneous papers pertaining to stray 
animals, showing description of animal, appraised value, name of 
finder, dates of finding and filing, and final disposition of estray. 
Arr. by date of filing. No index. Hdw. 6 x 4V2 x 9. Co. clk.'s off., 
1st fl. 

74. Estray Record, 1821—. 2 v. Last entry 1888. 

Record of estrays, showing date and place of finding strays, kind, 
description, and appraised value of animals, name of person taking 
up strays, court costs, and signature of justice of peace. Arr. by date 
of entry. No index. Hdw. on pr. fm. 128 p. 14 x 10 x 1. Common 
vlt., 1st fl. 

—105— 



County Clerk — Elections; (75-80) 

Bonds of Officers 

Dog Licenses 

75. Dog Tag Record, 1918—. 2 v. (1, 2). 

Register of dog tags, showing names of township, owner, and assessor, 
number of tags issued, amount of tax collections in each township, 
and total dog tax collection. 1918-34, arr. alph. by name of owner; 
1935--, arr. alph. by name of twp. No index. Hdw. under pr. hdgs. 
96 p. 15 X 11 X 1. Co. clk.'s off., 1st fl. 

ELECTIONS 
(See also entry 3) 

76. Abstract of Votes, 1895—. 27 f. d. 

Abstracts of votes in primary and general elections, showing names 
of precinct and candidates, date and purpose of election, number of 
votes cast for each candidate, and total votes cast. Arr. by date of 
election. No index. Hdw. under pr. hdgs. 15 x 4 x 18. Co. clk.'s 
off., 1st fl. 

77. Poll Book, 1920—. 420 v. 

Lists of voters, showing name, residence, and party affiliation of voter, 
precinct number, and date of election. No obvious arr. No index. 
Hdw. under pr. hdgs. 30 p. 12 x 9 x Vg. Small vlt., bsmt. 

BONDS OF OFFICERS 
(See also entries 85[viii], 221, 314) 

78. Official Bonds and Commissions, 1873—. 3 v. (1 not num- 
bered, 1, 2). Missing: 1895-1914. Title varies: Record of 
Official Bonds, 1 v. not numbered, 1873-1914. 1821-72 in 
Supervisors' Record, entry 3. 

Copies of bonds of coroner, sheriff, superintendents of highways and 
schools, circuit clerk, county clerk, county treasurer, state's attorney, 
deputy county clerk, deputy sheriff, deputy county collector, and mem- 
bers of county board of supervisors, showing names of principal and 
sureties, date, amount, and obligations of bond, acknowledgment, and 
dates of approval and filing; includes copies of bonds of overseer of 
poor, 1931-36, city m.ayors, 1907--, and county mine inspector, 1908—. 
Also contains Constables' Bonds, 1873-87, entry 79; Justices' Bonds, 
1873-87, entry 80; and Assessors' Bond Record, 1873-98, entry 81. 
1873-94, arr. alph. by name of officer; 1915--, arr. by date of filing. 
1873-94, no index; 1915—, indexed alph. by name of officer, 1873-94, 
hdw. on pr. fm.; 1915—, typed. 100 - 580 p. 12 x 8 x 1 - 14 x 11 x 2. 1 v. 
not numbered, 1873-94, common vlt., 1st fl.; v. 1, 2, 1915--, co. clk.'s off., 
1st fl. 

79. Constables' Bonds, 1888—. 1 v. (A). 1873-87 in Official 
Bonds and Commissions, entry 78. 

Copies of constables' bonds, showing names of constable and sureties, 
date, amount, and obligations of bond, and acknowledgment. Arr. by 
date of bond. Indexed alph. by name of constable. Hdw. on pr. fm. 
456 p. 17 X 11 x 11/2- Common vlt., 1st fl. 

80. Justices' Bonds, 1888—. 1 v. (A). 1873-87 in Official Bonds 
and Commissions, entry 78. 

Copies of justices' bonds, showing names of justice and sureties, date, 
amount, and obligations of bond, and acknowledgment. Arr. by date 

—106 — 



County Clerk — Civil Service Rules; (81-83) 

Beceipts, Expenditures; Miscellaneous Papers 

Of bond. Indexed alph. by name of justice. Hdw. on pr. fm. 456 p. 
18 X 12 X 2. Common vlt., 1st fl. 

81. Assessors' Bond Record, 1899—. 2 v. (1, 1). Title varies: 
Assessors and Supervisors of Assessment Record, v. 1, 1899- 
1915. 1873-98 in Official Bonds and Commissions, entry 78. 

Copies of bonds of supervisors of assessment and township assessors. 
showing names of assessor and sureties, amount, date, and obligations 
of bond, and acknowledgment. Arr. by date of bond. Indexed alph. 
by name of assessor. Hdw. on pr. fm. 300 p. 15 x 11 x 2. Common 
vlt., 1st fl. 

CIVIL SERVICE RULES 

82. Civil Service Record, 1895—. 2 v. (1 not numbered, 1). 
Copies of rules of Illinois Civil Service Commission including rules 
governing administration, applications, examinations, promotions, re- 
movals, transfers, classifications, and certifications for appointments. 
Arr. by date of recording. No index. Typed. 340 p. 18 x 12 x 2. 1 v. 
not numbered, 1895-1933, common vlt., 1st fl.; v. 1, 1934—, co. clk.'s 
off., 1st fl. 

RECEIPTS AND EXPENDITURES 

83. Receipts and Expenditures Record, 1874—. 5 v. (1 not num- 
bered, 7-10). Missing: 1888-1900. 

Ledger of county clerk's receipts and disbursements, showing names 
of payer and payee, date, amount, and purpose of receipt or expendit- 
ure, and balance available. Arr. by date of transaction. No index. 
Hdw. under pr. hdgs. 400 p. 17 x 11 x 2. 1 v. not numbered, 1874-87, 
common vlt., bsmt.; v. 7-10, 1901—, co. clk.'s off., 1st fl. 

84. Cash Book, 1898—. 3 v. (1 not numbered, 2, 1). Missing: 
1908-19. 

County clerk's ledger of cash receipts, showing date, amount, and 
source of receipt, and names of credited account. Arr. by date of 
receipt. No index. Hdw. under pr. hdgs. 160 p. 16 x 14 x 11/2. 1 v. 
not numbered, v. 2, 1898-1926, attic strm., 4th fl.; v. 1, 1927—, co. clk.'s 
off. 1st fl. 

MISCELLANEOUS PAPERS 

85. (Miscellaneous Files), 1821-. 38 f. b. (D26, D38, D39. D58- 
D65, D83-D85, D87, D104, A17, A19, A20, A25, A32, A33, 
A35, A40, A45, A69-A72, A75, A104, A107, A118, A119, A126, 
A142, A164, A165). 

Miscellaneous papers filed in county clerk's office including: 

i. Affidavits for tax deeds, showing name of purchaser, considera- 
tion, legal description of property, and signatures of affiant 
and county clerk. 1857--. 
ii. Applications for certificates of good moral character, shov/ing 
names of state, county, applicant, judge, clerk, sheriff, spon- 
sor, and witness, affidavit and signature of clerk, acknowledg- 
ment, and date of filing. 1900—. 

— 107 — 



Conntp Clerk — Miscellaneons (85 cont.) 

Papers 

iii. Certificates of appointment of deputy county oflficers, showing 
names of deputy and witness, oath, and dates of oath and 
appointment. 1894—. 
iv. Certificates of appointment of members of board of review, 
showing name of appointee, date of appointment, term of 
office, signature of county judge, and oath and signature of 
appointee. 1899—. 
V. Justices' reports to county court of collections of fines and 
fees, showing names of justice and defendant, amount of fine, 
total amount of collections, and dates of report and filing. 
1905—. 
vi. Lists of insurance policies on county court house, showing 
date, number, and amount of policy, and names of company 
and agent. 1904--. 
vii. Mothers' pension applications, showing date and number of 
application, name, address, and personal, occupational, and 
financial particulars of applicant, endorsements, and petition 
to county court. 1913--. 
viii. Original bonds of county judge, county clerk, circuit clerk, 
treasurer, sheriff, state's attorney, superintendents of high- 
ways and schools, county supervisors, constables, justices of 
peace, police magistrates, town collectors, town assessors, town 
clerks, and mayors, showing name of official, title of office, 
date, amount, and obligations of bond, signatures of sureties, 
acknowledgment, and date of filing. 1821—. 
ix. Sparrow, crow, and hog bounty claims, showing name of claim- 
ant, number, date, and amount of claim, number of animals 
killed, date and place of killing, and date and amount of pay- 
ment. 1894—. 
X. Special a.sscssment papers for Monroe street pavement and 
Adams street sewer projects in Litchfield, Illinois, including 
petitions, appointments of commissions, objections, orders of 
confirmation, affidavits of mailing and posting notices, assess- 
ment rolls, and court orders. 1896-97. 
xi. Wills showing names of testator, beneficiaries, and witnesses, 
date and provisions of will, and date of filing. 1851-1908. 
Also contains (List of Cancelled County Orders and Jury Certificates). 
1889-1918, entry 14; (Reports Swamp Land Committee) 1887-1902, entry 
22; (List of Grand Jurors i, 1905, entry 23; Estray Papers, 1902—, entry 
73; (Adoption Papers), 1874—, entry 128; and (Reports of State's At- 
torney), 1904-8, entry 144. Arr. by date of filing. For index, see 
entry 1. Nature of recording varies. 11 x 4I2 x 13. Common vlt., 
1st fl. 



— 108 — 



(Next entry p.86) 

III. RECORDER 

The recorder of Montgomery County was originally appointed by 
the Governor with the advice and consent of the Senate.' His bona, 
set at $1,500, was to be filed with the Secretary of State. In 1829 the 
amount of bond was reduced to $500.' The office became elective in 
1835, for a four-year term, and bond was to be approved by the counry 
commissioners' court.^ A two-year term became effective in 1847.* 
With the adoption of the second constitution the office of recorder 
was abolished, the duties of that office being delegated to the circuit 
court clerk in an ex-officio capacity.' The present constitution re- 
established the office of recorder in counties having a population of 
sixty thousand or more but continued the provision of the prior 
constitution for other counties.*^ As the population of Montgomery 
never reached the minimum set by the constitution,' the circuit court 
clerk in this county has retained his ex-officio duties as recorder. The 
amount of the recorder's bond was set at $5,000 in 1872, and the county 
judge was to give approval.* This amount was raised in 1874 to $10,000 
for counties having the population of Montgomery. A copy of the 
bond is entered upon the records of the county court.* 

Assistants and deputies are appointed by the recorder in a number 
as determined bv rule of the circuit court and as entered upon the 
court record.'" The compensation of the assistants and deputies is 
set by the county board." Written oaths of deputies are filed with 
the Secretary of State.'' 

In accordance with the duty of the recorder to record at length all 
written instruments, the following records are required to be kept: 

1. An entry book in which data relating to date and order 
of receipt of instruments to be recorded or filed, and 
the names of parties and location of property, with a 
brief description of the premises, are entered. Each of 
such instruments is numbered by the recorder with the 
corresponding number of the entry. The entry book 
serves as a table of contents, with descriptive memo- 
randa, for all instruments recorded at length or filed 
in the recorder's office. 

2. Well-bound books for recording at length any instru- 
ment in writing entitled to be recorded, in the order of 
time of its reception. Separate books are allowed to be 
kent for the recording of different classes of instru- 
ments, and two distinct series of document numbers 
may be used in recording documents received for re- 
cordation. One series preceded by the letter "B" is for 
the recordation of bills of sales of personal property, 
chattel m.ortgages. releases, extensions, and assignments 
thereof. The other series of document numbers is for 
all other instruments received for recordation. 



1. I.. 1819, p. 19. 

2. B. I.. 1829, p. 117. 

3. 1.1835, p. 166. 

4. t. 1845, p. 29. Effective in 1847. 

5. Con.'stitution of 1S48, Art. V, sec. 19; 1, 1849, p. 64. 

6. Constitution of 1870, Art. X, see. 8; R, S. 1874, p. 833. 

7. Fifteenth census shows population of Montponiery County 41,403 in 1920 
and 35,278 in 1930. Fopnlatlon Bulletin, Illinois, U. S. Census 1930, p. 28. 

8. I.. 1871-72, p. 645. 

9. R. S. 1874, p. 833. 

10. Constitution of 1870, Art. X, sec. 9; B. S. 1874, p. 833. 

11. Constitution o. 1870, Art. X, sec. 9. 

12. B. S. 1874, p. S33. 

—109 — 



Recorder — Entry Books (86) 

3. Grantor and grantee indexes. In the grantor index 
are listed the names of the grantors in alphabetical 
order and the names of the grantees. The grantee 
index shows the names of the grantees in alphabetical 
order and the names of the grantors. Each index also 
shows the date of the instrument, time of receipt, kind 
of instrument, consideration, book and page of recorda- 
tion or the number under which it is filed, and a brief 
description of the premises. 

4. Indexes to each book of record in which are entered in 
alphabetical order the names of each grantor and 
grantee and page on which the instrument is recorded. 
This series indexes instruments such as powers of 
attorney, chattel mortgages, and those recorded by 
corporations. 

5. An index to recorded maps and plats, based on location 
of property, sometimes arranged by section, township, 
and range. 

6. An abstract book, in effect indexing records by showing 
for each tract every conveyance or incumbrance re- 
corded, its execution and filing date, and the book and 
page of its recordation. Series optional with the county 
board. 

7. A separate book to record certificates of honorable dis- 
charge from military, aviation, and naval service." 

The recorder, in recording at length any instrument in writing, is 
permitted to make a handwritten or typewritten transcription, a 
photograpiiic or photostatic reproduction, or to use a combination of 
these methods." In addition to the instruments received for recorda- 
tion, the recorder is required, upon receipt, to file any mortgage, trust 
deed, or conveyance of personal property having the effect of a mort- 
gage' or lien upon such property, which is endorsed with the words, 
••This instrument to be filed, but not recorded." The recorder marks 
such instruments "filed" and enters the time of theii- receipt and files 
them in his office." 

ENTRY BOOKS 

86. Entry Book, 1837--. 25 v. (3 not numbered, 1-22). 
Entry booK of ail instruments filed for recording, showing dates and 
numbers of entry and instrument, names of grantor and grantee, type 
of instrument, consideration, legal description of property, book and 
page of record, name of person receiving instrument subsequent to 
recording, and amount of fee. Arr. by date of entry. No index. 
Hdw. under pr. hdgs. 150 p. 10 x 8 x 1. 3 v. not numbered, 1837-68, 
common vlt., bsmt.; v. 1-22, 1869—, cir. clk.'s off., 1st fl. 

13. L. 1319, 1). IS, 20, 21; R. L. 1829, i>. 11'), 117; Ii. 1847, p. 69; !■. 1853, p. 254; 
L. 1867, p. 14S; L. 1869, p. 2: L. 1871-72, p. 045, C,4C,: L. 1873, p. 144; R. S. 1874, 
;i. s:m-.;T; L. 1S17. p. 652; Ii. 1925, p. 521; 1^.1933-34, Third Sp. Sess., p. 214. 

M. I.. 1333-34, Third Sp. Sess., p. 214. 

15. I..1927, p. 521; L. 1929, p. 592-94; 1^.1933, p. 860. 

— 110 — 



Recorder — (87-91) 

Instruments Recorded 

87. Land Books, (Entry Book) 1819-75. 1 v. 

Original land entry book as compiled by state auditor, showing date 
of entry, name of patentee, description and location of property, and 
acreage. Arr. by sec. no. No index. Hdw. 150 p. 18 x 12 x 1. Com- 
mon vlt., 1st fl. 

88. Land Book (Entries of Conveyances), 1819-49. 1 v. 

Entry book of land conveyances made since compilation of original by 
state auditor, showing date of entry, name of purchaser, description 
and location of property, and acreage. Arr. by sec. no. No index. 
Hdw. 300 p. 17 X 12 X 3. Common vlt., 1st fl. 

INSTRUMENTS RECORDED 
General 

89. General Index, Grantor and Grantee, 1831—. 70 v. (1-13, 22 
not numbered, grantor; 1-13, 22 not numbered, grantee). 

Index to Deed Record, entry 90; Quitclaim Deed Record, entry 92; 
Warranty Deed Record, entry 93; Master's Deed Record, entry 94; 
Road Deed Record, entry 95; Mortgage Records, entry 96; Release 
Record, entry 99; Assignment of Mortgages, entry 100; (Master's) 
Certificate of Sales and Redemptions, entry 103; and Sheriff Certifi- 
cate of Levy (Sale and Redemption), entry 104, showing names of 
grantor and girantee, book and page of record, legal description of 
property, consideration, and dates of instrument and filing. Also 
contains Mortgagor and Mortgagee Index, 1922--, entry 97. Arr. alph. 
by names of grantor and grantee. Hdw. under pr. hdgs. 250 p. 
8 X 18 X21/2- V. 1-13, grantor, 1-13, grantee, 1831-1914, cir. clk.'s outer 
off., 1st fl.; 22 V. not numbered, grantor, 22 v. not numbered, grantee, 
1915--, cir. clk.'s off., 1st fl. 

90. Deed Record, 1821--. 106 v. (A-Z, 1-150 not consecutive). 
Recordation of all deeds not segregated by type, showing names of 
grantor, grantee, and recorder, consideration, legal description of 
property, notarial acknowledgment, and dates of instrument, filing, 
and recording. Also contains Miscellaneous Records, 1821-67, entry 
91; Quitclaim Deed Record, 1821-68, entry 92; Warranty Deed Record, 
1821-91, entry 93; Master's Deed Record, 1856-1903. entry 94; Road 
Deed Record, 1821-1929, entry 95; Mortgage Records, 1821-57, entry 96; 
Release Record, 1821-68, entry 99; Assignment of Mortgages, 1852-57, 
entry 100; Chattel Mortgages, 1821-57, entry 101; and Plat Book, 
1821-58, entry 115. Arr. by date of recording. Indexed alph. by name 
of grantor; for sep. index, 1831—, see entry 89. 1821-1912, hdw.; 
1913—, typed. 590 p. 18 x 13 x 3. Common vlt., 1st fl. 

91. Miscellaneous Records, 1868—. 28 v. (1-28). 1821-67 in Deed 
Record, entry 90. 

Recordation of miscellaneous instruments, including leases, releases, 
wills, affidavits, powers of attorney, letters of administration, 
certificates of marriages, transfer of stock, and election of trustees. 
Also contains Assignment of Mortgages, 1368-1915, entry 100; Incorp- 
oration Record, 1368-1909. entry 108; and Stallion Lien Record, 1892- 
1924, entry HI. Arr. by date of recording. Indexed alph. by name of 



Becorder — (92-96) 

Instruments Hecorded 

person filing instrument. Hdw. 580 p. 17 x 11 x 2. Common vlt., 
1st fl. 

Deeds (See also 
entry 107) 

92. Quitclaim Deed Record, 1869—. 15 v. (20, 28, 64, 71, 85, 

92, 98, 105, 118, 128, 136, 146, 158, 165, 170). 1821-68 in Deed 

Record, entry 90. 
Copies of quitclaim deeds, showing names of grantor and grantee, 
consideration, legal description of property, terms and date of instru- 
ment, notarial acknowledgment, and dates of filing and recording. 
Arr. by date of recording. Indexed alph. by name of grantor; for 
sep. index, see entry 89. 1869-1912, hdw. on pr. fm.; 1913—, typed on 
pr. fm. 590 p. 18 x 13 x 3. Common vlt., 1st fl. 

93. Warranty Deed Record, 1892—, 74 v. (62-172 not consecu- 
tive). 1821-91 in Deed Record, entry 90. 

Copies of warranty deeds, showing names of grantor, grantee, and 
recorder, legal description of property, consideration, date and num- 
ber of instrument, notarial acknowledgment, and dates of filing and 
recording. Arr. by date of recording. Indexed alph. by name of 
grantor; for sep. index, see entry 89. 1892-1908, hdw. on pr. fm.; 
1909—, typed on pr. fm. 572 p. 18 x 13 x 3. Common vlt., 1st fl. 

94. Master's Deed Record, 1904—. 2 v. (82-116). 1856-1903 in Deed 
Record, entry 90. 

Recordation of master-in-chancery deeds, showing names of grantor 
and master, legal description of property, consideration, number of 
instrument, and dates of deed, filing, and recording. Arr. by date of 
recording. Indexed alph. by name of master in chancery; for sep. 
index, see entry 89. 1904-12, hdw. on pr. fm.; 1913—, typed on pr. fm. 
590 p. 18 X 13 X 3. Common vlt., 1st fl. 

95. Road Deed Record, 1930—. 1 v. (162). 1821-1929 in Deed 
Deed Record, entry 90. 

Copies of deeds to lands sold for public highways, showing name of 
grantor, number and date of instrument, legal description of property, 
consideration, notarial acknowledgment, and dates of filing and re- 
cording. Arr. by date of recording. Indexed alph. by name of grantor; 
for sep. index, see entry 89. Typed on pr. fm. 310 p. 18 x 13 x 3. 
Common vlt., 1st fl. 
Mortgages - Real Prop- 
erty (See also entry 107) 

96. Mortgage Records, 1858—. 107 v. (1-107). 1821-57 in Deed 
Record, entry 90. 

Copies of real estate mortgages with marginal releases, showing in- 
strument number, names of mortgagor, mortgagee, and witnesses, 
amount of mortgage, rate of interest, notarial acknowledgment, and 
dates of instrument, filing, release, and recording. Also contains 
Assignment of Mortgages, 1858-67, entry 100. Arr. by date of record- 
ing. Indexed alph. by names of mortgagor and mortgagee; for sep. 
index, 1858-1921, see entry 97; for sep. index, 1922--, see entry 89; for 
sep. index to marginal releases, 1874-1915, see entry 98. 1858-1905, 
hdw. on pr. fm.; 1906—, typed on pr. fm. 620 p. 16 x 12 xli/2. Com- 
mon vlt., 1st fl. 

— 11a — 



Becorder— C37-xozj 

lastruiuents Recorded 

97. Mortgagor and Mortgagee Index, 1858-1921. 8 v. (1-4, mort- 
gagor; 1-4, mortgagee). 1922— in General Index, Grantor 
and Grantee, entry 89. 

Index to Mortgage Records, entry 96, showing names of mortgagor 
and mortgagee, date of mortgage, consideration, legal description of 
property, and book and page of entry. Arr. alpii. by names of mort- 
gagor and mortgagee. Hdw. under pr. hdgs. 320 p. 17 x 11 x 2. 
Common vlt., 1st fl. 

98. Release and Assignment Record, (Index to Marginal Releases), 
1874-1915. 1 V. 

Index to marginal releases in Mortgage Records, entry 96, showing 
names of mortgagor and mortgagee, book and page of entry, dates 
of mortgage and release, legal description of property, and considera- 
tion. Arr. alph. by name of mortgagor. Hdw. under pr. hdgs. 300 p. 
18 X 12 X 2. Common vlt., 1st fl. 

99. Release Record, 1869—. 30 v. (1-30). 1821-68 in Deed Rec- 
ord, entry 90. 

Copies of mortgage releases, showing instrument number, names of 
mortgagor and mortgagee, book and page of mortgage record, legal 
description of property, terms of release, acknowledgment, and dates 
of release, filing, and recording. Arr. by date of filing. Indexed alph. 
by name of mortgagee; for sep. index, see entry 89. Hdw. on pr. fm. 
620 p. 17 X 13 X 2. Common vlt., 1st fl. 

For other copies of mortgage releases, 1868--, see entry 91. 

100. Assignment of Mortgages, 1916—. 1 v. (1). 1852-57 in Deed 
Record, entry 90; 1858-67 in Mortgage Records, entry 96; 
1868-1915 in Miscellaneous Records, entry 91. 

Copies of assignments of mortgages, showing names of assignee, as- 
signor, and original owner, legal description of property, consideration, 
book and page of mortgage record, notarial acknowledgment, and 
dates of assignment, filing, and recording. Arr. by date of recording. 
Indexed alph. by name of mortgagor; for sep. index, see entry 89. 
Hdw. on pr. fm. 595 p. 18 x 12 x 21/2- Common vlt., 1st fl. 

Mortgages - Chattel 

101. Chattel Mortgages, 1904—. 47 v. (25-71). 1821-57 in Deed 
Record, entry 90; 1858-1903 destroyed by fire. 

Copies of chattel mortgages, showing date and number of instrument, 
names of mortgagor and mortgagee, list of property, terms of mort- 
gage, notarial acknowledgment, and date of filing and recording. 
Arr. by date of recording. Indexed alpli. by names of mortgagor and 
mortgagee; for sep. index, see entry 102. 1904-26, hdw.; 1927—, typed. 
584 p. 18 X 13 X 3. V. 25-36, 1904-26, common vlt., bsmt.; v. 37-71, 
1927—, cir. clk.'s off, 1st fl. 

102. Chattel Mortgage Index, 1888—. 4 v. (1-4). 

Index to Chattel Mortgages, entry 101, showing names of mortgagor 
and mortgagee, consideration, book and page of entry, and dates of 
instrument and filing. Arr. alph. by name of mortgagor. Hdw. under 
pr. hdgs. 620 p. 16 x 12 x 2. Cir. clk.'s off., 1st fl. 

— 113 — 



Recorder — (103-107) 

Xnstraments Recorded 

Certificates of Levy (See also 
entry 230) 

103. (Master's) Certificate of Sales and Redemptions, 1871—. 3 v. 
(3, 1871-1902; 5, 1895-1920; 6, 1918—). 1860-70 in Sheriff 
Certificate of Levy (Sale and Redemption), entry 104. 

Copies of master's certificates of sale and redemption, showing names 
of plaintiff, defendant, purchaser, and master, legal description of 
property, dates and amounts of judgment and sale, execution number, 
and dates of redemption and recording; includes copies of sheriff's 
certificate of sale and redemption, 1918--. Arr. by date of recording. 
Indexed alph. by name of defendant; for sep. index, see entrv 89. 
1871-1902, hdw.; 1895-1920. hdw. on pr. fm.; 1918—, typed. 595 p. 
12 x 15 X 3. Common vlt., 1st fl. 

104. Sheriff Certificate of Levy, (Sale and Redemption), I860--. 
3 V. (1-3). Title varies: Sheriff Book, v. 1. 1860-70. 

Copies of sheriff's certificate of levy, sale, and redemption, showing 
names of plaintiff, defendant, purchaser, and sheriff, legal descrip- 
tion of property, dates and amounts of judgment and sale, and dates 
of redemption and recording; subsequent to 1917, contains sheriff's 
certificates of levy only. Also contains (Master's) Certificate of Sales 
and Redemptions. 1860-70, entry 103. Arr. by date of recording. 
1860-70, indexed alph. by name of plaintiff; for sep. index, see entry 
89. 1860-70, hdw.; 1871-, hdw. on pr. fm. 300-595 p. 14 x 10 x 2 - 
12 X 15 X 3. Common vlt., 1st fl. 

For copies of sheriff's certificates of sale and redemption, 1918--, 
see entry 103. 
Bonds of Officers 

105. Township Treasurers' Bond, 1890—. 2 v. (1, 2). 
Copies of township school treasurers' bonds, showing names of princi- 
pal and sureties, date, amount, and terms of bond, acknowledgment, 
and dates of filing and recording. Arr. by date of recording. Indexed 
alph. by name of treasurer. Hdw. and hdw. and tvned on pr. fm. 
255-300 p. 18 X 12 x 11^2-15 x 12 x 3. V. 1, 1890-1923, common vlt., 
bsmt.; V. 2, 1924—, cir. clk.'s outer off., 1st fl. 

For original bonds of township treasurers, see entry 296. 
Tract Index 

106. Tract Index, 1821—. 41 v. (Butler Grove, Harvel, North 
Litchfield, Pitman, Rountree, Walshville. and Zanesville town- 
ships, 1 V. each; Audubon, Bois d'Arc, Fillmore, Grisham, 
Irving, Raymond, South Litchfield, and Witt townships, 2 v. 
each; City of Litchfield. 3 v.; Nokomis Township, 4 v.; Hills- 
boro Township, 5 v.; East Fork Township, 6 v.). 

Tract index to lands and lots in Montgomery County, showing legal 
description of property, book and page of conveyance record, con- 
sideration, names of grantor and grantee, dates of instrument and 
filing, and remarks. Arr. by sec, twp., and range. Hdw. under pr. 
hdgs. 500 p. 12 X 18 X 3. Common vlt., 1st fl. 
Other Instruments 

107. Railroad Record, 1889—. 2 v. (B. C). Last entry 1918. 
Copies of miscellaneous instruments pertaining to organization of 
railroad companies, including rental agreements between railroad and 
other companies, trust deeds, mortgages, lists of bonds issued, bond 
issue releases, annual statements of valid leases, conditions of sale 

—114 — 



Recorder — (lOS-113) 

Instruments Recorded 

of railroad stock, resolutions of stockholders, and leases of mineral 
rights. Arr. by date of recording. Indexed alph. by name of railroad 
company. Hdw . and typed on pr. fm. 592 p. 18 x 12 x 2. Common 
vlt., 1st fl. 

108. Incorporation Record, 1910—. 2 v. (1, 2). 1868-1909 in Mis- 
cellaneous Records, entry 91. 
Copies of articles of incorporation and amendments, showing names 
of corporation and directors, list of articles and amendments, amount 
of capital stock, certificate of publication, notarial acknowledgment, 
and dates of incorporation, filing and recording. Arr. by date of re- 
cording. Indexed alph. by name of corporation. Typed. 324 p. 
18 X 12 X 2. Cir. clk.'s off., 1st fl. 

109. Soldiers' Discharge Record, 1919--. 2 v. (1, 2). 
Copies of certificates of soldiers' discharges, showing name and rank 
of soldier, company number, reason for and date of discharge, date 
and place of birth, age, occupation, and physical description at time 
of enlistment, service record, signature of commanding officer, and 
date of filing. Arr. by date of filing. Indexed alph. by name of 
soldier. Hdw. and typed on pr. fm. 618 p. 18 x 12 x 21/2. Cir. clk.'s 
off., 1st fl. 

110. Index of Liens On Chattels (Record), 1922—. 1 v. (1). 
Copies of liens on chattels, showing names of plaintiff and defendant, 
description of property, date and number of instrument, amount of 
lien, and dates of filing, recording, and release. Arr. by date of re- 
cording. Indexed alph. by name of plaintiff. Hdw. on pr. fm. 300 p. 
18 X 12 X 1. Cir. clk.'s off., 1st fl. 

111. Stallion Lien Record, 1925—. 1 v. (1). 1892-1924 in Miscel- 
laneous Records, entry 91. 

Copies of liens on gets, showing names and addresses of mare and 
stallion owners, name and description of mare, amount of lien, and 
dates of service, lien, filing, and recording. Arr. by date of recording. 
Indexed alph. by name of stallion owner. Hdw. on pr. fm. 320 p. 18 x 12 
X 1V2- Ck. clk.'s off., 1st fl. 

112. Register of Stallion Certificates, 1910-18. 1 v. Now kept by 
State Department of Agriculture, Division of Animal Indus- 
try, Springfield, Illinois. 

Register of certificates and certificate renewals of pedigreed stallions, 
showing number of certificate, grade, pedigree, name, and description 
of stallion, names of owner and examining veterinarian, dates of 
examination, license, expiration, renewal, and registration. Arr. by 
date of registration. Indexed alph. by name of owner. Hdw. on 
pr. fm. 604 p. 18 X 10 X 2. Cir. clk.'s off., 1st fl. 

113. Record of Farm Names, 1915-28. 1 v. 

Copies of applications for registration of farm names, showing names 
of applicant and farm, legal description of farm, signature of owner, 
application number, and dates of application and recording. Arr. by 
date of recording. Indexed alph. by name of farm owner. Hdw. on 
pr. fm. 296 p. 16 x 12 xiy2. Cir. clk.'s off., 1st fl. 

—115— 



Recorder — (114-116) 

Instrnments Recorded 

114. Roll of Honor World War, 1919. 1 v. 

List of persons serving in World War, showing name, age, occupation, 
and address of soldier, place, nature, and date of enlistment, branch 
of service, place and date of discharge, and name of nearest relative. 
Arr. alph. by name of soldier. No index. Typed under pr. hdgs. 
572 p. 14 X 12 X 2. Cir. clk.'s off., 1st fl. 

PLATS 

115. Plat Book, 1859—. 2 v. (1, 2). 1821-58 in Deed Record, 

entry 90. 
Record of land surveys, showing legal description of property, scale, 
points from which surveyed, plat of survey, name and affidavit of 
surveyor, notarial acknowledgment, name of recorder, and dates of 
filing and recording. Arr. by range no. No index. Hdw. and hand- 
drawn. 1 in. to 50 ft.— 1 in. to 200 ft. 100-500 p. 32 x 24 x 2 - 24 x 18 
X 2. Cir. clk.'s outer off., 1st fl. 

116. Government Plat Book, 1871. 1 v. 

Plats of government surveys, showing legal description of property, 
scale, dates of survey and recording, locations, diameters, and courses 
of cornerstones and witness trees, and links distant to next witness 
tree. Surveyor, W. W. Lawton. 1 in. to 40 rods. Arr. by sec, twp., 
and range. No index. Hdw. under pr. hdgs. and hand-drawn. 75 p. 
24 X 18 x 2. Cir. clk.'s outer off., 1st fl. 



—116 — 



(Next entry p. 123) 

IV. COUNTY COURT 

The county court serves as the judicial branch of county govern- 
ment. This court is administered by the county judge who is elected 
for a four-year term by the county electorate. Before entering upon 
the duties of his office, the county judge is required to take and sub- 
scribe to an oath which he files with the Secretary of State. The 
compensation of the Montgomery county judge was originally set at 
$2.50 per diem for holding court, which was paid quarterly out of the 
county treasury.' Today, the judge in this county receives $3,240 per 
annum.^ The court hears and determines matters in which it has 
orisinal or concurrent jurisdiction, including appeals from the justices 
of the peace and police magistrates.' 

At the time of the organization of Montgomery County in 1821, 
the powers of the judiciary in all counties were administered only by 
the justices of the peace,' the probate judge,' and the circuit court." 
Later, a civil and criminal court with jurisdiction coextensive with 
the county lines was established under the provisions of the Constitu- 
tion of 1848 and legislation of 1849.' The court created was the county 
court. This unit of county government was established with a partial 
reversion to the dual function, administrative and judicial, of the 
local judiciary in Illinois under the Territorial Laws prior to 1818. 
The court was different from the territorial courts in that its com- 
position varied for each of the two functions. The judicial court 
was administered by the county judge, who was elected by the county 
electorate and commissioned by the Governor. His original four-year 
tenure of office has remained effective to the present.* As the ad- 
ministrative body, the court was made up of the county judge and 
two justices of the peace." 

Under the second constitution complete separation of county busi- 
ness powers from the judicial could be had with the acceptance by 
the county electorate of an independent administrative body, the 
board of supervisors, established under township organization.'" 
Tnis plan of government was not selected immediately, and Mont- 
gomery was governed by the dual county court until 1873, when the 
county board of supervisors became successor to the county court in 
its jurisdiction over county affairs and business. From that date 
on, the county court has served only as a judicial court in Montgomery 
County. 

The county court as established in 1849 was vested with the same 
civil and criminal jurisdiction as the justices of the peace. The 
county judge was made a conservator of the peace. He was given the 

1. Z.. 1849, p. 62, 63. 

2. L. 1933, p. 616. 

3. R. S. 1874, p. 339, 340; !•. 1881, p. 70. 

4. Con.stitution of 1S18, Art. IV, sec. 8; !•. 1819, p. 192. 

5. L. 1821, p. 119. 

6. 1^.1819, p. 380. 

7. Constitution of 1848, Art. V, sec. 1,16; I.. 1849, p. 62. 

S. Constitution of 1848, Art. V, sec. 17; ]&. 1849, p. 62; R. S. 1874, p. 339; £.1933, 

p. 451. 
9. Ii. 1849, p. 65. 

Constitution of 1848, Art. VII, sec. 6:1.1849, p. 192, 202-4; Zi. 1851, p. 38, 

50-52. 

—117— 



10 



County Court 

same power and authority as the circuit judge in preserving order 
in the court and punishing contempts offered the court while in 
session." Suits for sale of delinquent lands for taxes of 1848, and 
prior years, could be brought and presented in either the circuit or 
county court, but for taxes of subsequent years, the county court was 
given exclusive original jurisdiction." The court also exercised juris- 
diction equal with that of the circuit court over naturalization." 

In addition to its civil and criminal jurisdiction, the court was 
vested with all the powers and jurisdiction in probate matters which 
were vested prior to this date in the court of the probate justice. The 
court was given concurrent jurisdiction with the circuit court in 
hearing and determining applications for the sale of real estate of 
deceased persons and for the payment of debts for the estate.'* In 
Montgomery County the county judge has served to the present day 
in his ex-ofRcio capacity as judge of the probate court." 

The law jurisdiction of the county court in Montgomery County 
is concurrent with that of the circuit court in that class of cases, 
wherein the justices of the peace have jurisdiction where the value 
of the amount in controversy does not exceed $1,000,'^ in all cases of 
appeals from justices of the peace and police m.agistrates, and in all 
criminal offenses and misdemeanors where the punishment is not 
imprisonment in the penitentiary or death." The county court also 
has original jurisdiction in matters relating to indigent mothers" and 
jurisdiction over insane persons not charged with crime." 

The county and circuit courts have original jurisdiction in cases 
of juvenile offenders. This jurisdiction is over matters dealing with 
dependent, neglected, and delinquent children. The authority in- 
cludes provision for the treatment, control, maintenance, adoption, 
and guardianship of such children.'" 

In 1899 provision was made for the appointment by the court of a 
juvenile probation officer to serve without compensation from the 
public treasury and at the pleasure of the court." In 1907 an amend- 
ment to this act authorized the court to allow compensation to such 

11. 1^.1849, p. 65. 

12. Ibid., p. 126. 

13. 2 U. S. Stat. L. 155. 

14. Ii. 1849, p. 65. 

15. Constitution of 1848, Art. V, sec. 16,18; Ii. 1849, p. 65; Constitution of 
1870, Art. Vr, sec. 18; B. S. 1874, p. 339; !•. 1933, p. 449. 

16. Under tiie laws of 1872 and the revised statutes of 1874, the jurisdiction 
was in cases wherein the amount involved did not exceed $500 (1.1871-72, 
p. 325; B. S. 1874, p. 340). Legislation enacted in 1933 extended the juris- 
diction to ?2,000 (I.. 1933, p. 452), but a later amendment of the same 
session, passed June 21, 1933, placed the jurisdiction in cases where the 
amount involved is not over $1,000 (Ibid., p. 449). 

17. B. S. 1874, p. 340: 1.. 1877, p. 77; L. 1895, p. 212, 223; L. 1933, p. 448. 
IS. I.. 1913, p. 127; L. 1915, p. 24.-;: L. 1921, p. 164; L. 1935, p. 256. 

19. Zi. 1869, p. 336; B. S. 1874, p. 685. 

20. I.. 1899, p. 131-37; t. 1901, p. 141-44; I.. 1905, p. 152-56; !•. 1307, p. 70-78. 

21. Ii. 1899, p. 133. 

— 118— 



County Court 

officers in a sum to be set by the county board, but the power of the 
court to appoint probation officers to serve without pay was in no 
way abridged by this legislation." An amendment of 1925 provided 
that if more than one probation officer were appointed, one was to 
be designated the chief probation officer. To be eligible for the 
position of chief probation officer, the candidate was required to have 
had experience in social welfare work equivalent to one year spent in 
active practical welfare work. Minimum rates, based upon popula- 
tion, were established for the compensation of these officers, the 
county board to fix the amount. Where a county had only one 
probation officer, the salary rates were made to apply to that indi- 
vidual. The court, however, retains the power to appoint probation 
officers to serve without pay.'' For Montgomery County and others 
with a population of more than twenty-five thousand, but not exceed- 
ing fifty thousand,'' the rate is set at a sum not less than $100 a 
month. 

The officer under consideration makes investigation on order of 
the court and takes charge of the child before and after trial. He is 
required to be present at the court hearings in order that he may 
represent the interests of the child. This officer also furnishes in- 
formation and assistance as required bv the court." 

Upon petition filed with the clerk of the court for a removal of a 
neglected or dependent child from the custody of its parents or guard- 
ian, process is issued for appearance. The summons may be served 
by the sheriff or the duly appointed probation officer.-*' At any time 
after the filing of the petition and pending final disposition, the court 
may allow the child to remain in possession of its custodian, or in 
its home subject to the visitation of the probation officer; or the child 
may be ordered in custody of the probation officer." If upon hearing 
the case the court finds the child to be dependent or neglected, the 
court may commit the child to an association or institution, or allow 
the child to remain in his home subject to the visitation of the pro- 
bation officer.'* In a similar fashion the probation officer for adults, 
an appointee of the circuit court, assists the county court in the 
administration of justice among adult violators.'" 

In cases of delinquency, if the court finds any child to be delin- 
quent, the court may commit the child to an institution or to the 
custody of the probation officer. The court may, upon its discretion, 
send juvenile offenders and vagrants to the state reform school rather 
than to the county jail.'" 

Another probation officer, also an appointee of the county court, 
assists the court in mothers' pension cases. The state and county 



22. L. 1907, p. 69, 70. 

23. I.. 1925, p. 187, 188. 

24. In l'J30 the population of Montgomery County was listed as 35,278 (Popn- 
lation Bulletin, Illinois, U. S. Census 1930, p. 28). 

25. L. 1899, p. 133; Ii. 1925, p. 187, 188. 

26. I.. 1899, p. 132, 133; I.. 1905, p. 153, 154; 1.1907, p. 72, 73. 

27. L. 1907, p. 74. 

28. Ii. 1923, p. 180, 181. 

29. L. 1911, p. 280-82. 

30. t. 1907, p. 75. 



—119 — 



Connty Court 

funds for indigent motliers and their children are administered by 
the county court, its appointed probation officers, the county board 
with the assistance of the county clerk, the county treasurer, and the 
State Department of Public Welfare. The county court, however, is 
given original jurisdiction in these matters." 

A mother whose husband is dead or incapacitated, or who is 
abandoned by her husband, is entitled to the benefits of the mothers' 
pension fund. Such mother in need may file an application with the 
county court for relief. The case of the applicant is then investigated 
by the probation officer under the direction of the court. 

A report and recommendation of the approval or disapproval of 
such application is then made by this officer to the court. If the 
application is approved, the probation officer or other person may 
file with the clerk of the court a written petition verified by affidavit 
setting forth the facts giving the court jurisdiction and other facts 
upon which an order for relief is entered. Upon receipt of the petition, 
a summons is issued to the mother and the county board for appear- 
ance. The usual procedure is for the board to make a written appear- 
ance. Upon the hearing in court, the court may make an order upon 
the county board to pay monthly such money as may be necessary 
for the care of the mother and her child or children in accordance 
with the provisions of the law. 

To carry out this procedure, the county court appoints the pro- 
bation officer who serves during the pleasure of the court and is com- 
pensated for his services by the county in such amount as determined 
by the county board. As noted above, this officer investigates all 
applications for relief and makes a written report to the court. In 
addition to this duty, the probation officer makes quarterly visits to, 
and supervises under the direction of the court, the families to whom 
such assistance has been granted.'' 

The county board annually levies a tax on all taxable property 
to provide for the mothers' pension fund. The levy is made not in 
excess of two-fifths of one mill of a dollar in Montgomery County.'" 
In addition, the General Assembly, from time to time, makes appro- 
priations to the State Department of Public Welfare, which funds, in 
turn, are distributed to the several counties to supplement the pension 
fund. To become entitled to the state appropriation, the county must 
meet the standards of administration set by the state agency. The 
county treasurer certifies to the state department an itemized state- 
ment, attested by the county clerk, of the money paid out during each 
quarter in accordance with the legislative provisions for this pension; 
and also certifies annually the total assessed valuation and amount 
of money raised by tax levy for the mothers' pension fund." 

Jurisdiction in the election procedure is vested variously in the 
county board, the county court, and the county clerk. The Montgom- 
ery county court performs an important function in this procedure. 

31. Ii. 1913, p. 127; !•. 1915, p. 243; £.1921, p. 164; Ii. 1935, p. 256. 

32. X;. 1933, p. 194: I.. 1935, p. 2.56. 

33. £.1919, p. 780. 781; L. 1927, p. 196, 197; I.. 1923, First Sp. Sess., p. 3, 4; 
Ii. 1933, p. 194. 

34. Ii. 1935, p. 259. 

— 120 — 



County Court 

In each city, village, and incorporated town adopting the act regulat- 
ing elections in such political units, there is a board of election com- 
missioners composed of three appointees of the county court who 
serve alternately for three-year terms.'" The election boards have 
authority and are charged with the organization of election districts 
and precincts, the appointment of judges and clerks of election, the 
provision of election ballots, and the application of the rules and 
regulations for permanent registration and elections."' Otherwise, 
jurisdiction is vested in the county board, county court, and county 
clerk. The county court has original jurisdiction in election contests 
for certain county, district, and township offices.-" 

Aiding in the settlement of questions arising in the course of the 
election procedure is the county officers electoral board. This body 
consists of the county judge as chairman, the county clerk, and the 
state's attorney.'* 

The several nomination papers for county offices are filed with 
the county clerk and are considered valid unless objections are made 
within five days after the last day for filing such papers. Objections 
to nominations are made to the county officers electoral board for any 
office of the county, park district, or other division coterminous with 
or less than the county and other than a city, village, incorporated 
town, or township.''' 

The objector's petition is filed with the county clerk who pre- 
sents the same together with the nomination papers or certificate 
before the electoral board.'" The petition contains the objector's 
name and residence, nature of objection, the interest of the objector, 
and the relief sought of the board." A notice of the hearing is sent to 
the candidate. Upon hearing the objections, the board renders a final 
decision by majority vote. In the event the candidate whose nomi- 
nation is protested is a member of the electoral board, the circuit 
judge is required to fill his place.'' 

Jurisdiction is vested in the county court to hear and determine 
all questions relative to taxes on gifts, legacies and inheritance." The 
act granting this jurisdiction is generally known as the "Inheritance 
Tax Law." Originally, the state's attorney was charged with the duty 
of enforcing the provision of this law," however, since 1913 fae^^e 
duties have been performed by the Attorney General." Under 
that law the county judge and the county clerk are required eva-y 
three months to make a statement in writing to the county treasurer 
of the property from which or the party from v/hom he has reasons 



35. I.. 1885, p. 142; I.. 1899, p. 157; 1. 1917, p. 445; L, 1929, p. 339; I.. 1933. p. 534 
L. 1935-38, Fourth Sp. Sess., p. 33. 

36. Ibid. 

37. L. 1871-72, p. 396. 

3S. Ii. 1891, p. 110; Ii. 1933, p. 552. 

39. Ii. 1891, p. 110, 111; L. 1929, p. 304. 

40. L. 1391, p. Ill; Ii. 1929, p. 394; L. 1933, p. 552. 

41. L. 1929, p. 394, 395. 

42. Ii. 1933, p. 552. 

43. 1.1895, p. 306; I.. 1909, p. 318. 

44. Ii. 1895, p. 306; I.. 1909, p. 319. 

45. Ii. 1913, p. 515, 516; L. 1935, p. 1179, 1180. 



County Court 

to b'llieve a tax under this act is due and unpaid." The county 
treasurer is required to collect and pay to the State Treasurer all taxes 
that may be due and payable under it." 

Under an act of 1933, housing corporations may be organized in 
Illinois for the express purpose of improving housing conditions." 
Such corporations are subject to the supervision and control ot the 
State Housing Board. This state agency has authority, after investi- 
gations and public hearings, to approve the acquisition of property 
and construction of housing projects. If the State Housing Board 
approves a project over the objections of ten per cent of the property 
owners v.'ithin a mile, but not included in the project, it must then 
file an application with the clerk of the county court to be submitted 
to the county judge for the confirmation of its approval. Such appli- 
cation is to contain copies of the findings and order of the board, 
transcript of testimony, description of the project and public spaces, 
statement of location, and reasons for approval by the board. The 
objectors to the project may file objections in the county court to the 
confirmation of such a project. The county judge then examines the 
application, objections, and any additional evidence before rendering 
a decision of "approved" or "not a^^nroved" on the application." 

Appeals from the judgments and decisions of the county court 
may be taken to the circuit court." To the appellate court or supreme 
court may be taken and prosecuted appeals and writs of error in pro- 
ceedings for the sale of lands for taxes and special assessments, in all 
common law and attachment cases, and in cases of forcible detainer 
and forcible entry and detainer. Such appeals and writs of error are, 
v.'hen not otherwise provided, taken and prosecuted in the same 
manner as appeals and writs of error from the circuit court.'" 

The records of the county court are kept by its clerk. In Mont- 
gomery County the county clerk is ex-ofRcio clerk of the county court. 
In addition to the statutory records described below the clerk neces- 
sarily maintains others in effecting the court's orders.''- 

For the court the clerk keeps the following records: 

1. Books of record of the proceedings and judgments of 
the court with alphabetical indrxes by names of parties. 
Proceedings are recorded at length only in cases desig- 
nated by law or when the court, at the motion and as- 
sumption of expenses by one of the parties, so orders. 
In practice, the court record has been broken down from 
an early date into segregated types of proceedings and 
judgments. 

2. "Plaintiff-Defendant Index to Court Records" and 
"Defendant-Plaintiff Index to Court Records," intended 



46. It. 1895, p. 306; Ii. 1909, p. S19; L. 1913, p. 516. 

47. 1^.1895, p. 307; L. 1909, p. 319; I.. 1913, p. 516. 

48. 1^.1933, p.39r,-415; L. 1933-34, Third Sp. Sess., p. 167-74. 

49. Ibid. 

50. R.S.1874, p. :;39; I.. 1933, p. 39(5. 

51. R.S.1874, p. 339; Ii. 1877, p. 77: L. 1881, p. 66. 

52. The form which such records take is generally determined by court order 
(2^.1849, p. e'C; B. S. 1874, p. 263). 

— 122 — 



County Cowrt— (117, 113) 

Proceeding-s of Court 

to be separate records, but frequently combined in a 
single volume with the two inclexes segregated in each 
volume. 

3. A general docket in which all suits are entered in the 
order they are commenced. 

4. A judgment and execution docket containing a column 

for the entry of satisfaction or other disposition. In 
practice, an execution docket is frequently set up inde- 
pendently. 

5. Additional dockets, designated as the clerk's, judge's, 
and bar dockets. In practice, the bar docket has tended 
to drop out of use."' 

6. A feebook in which costs and fees are to be entered 
under the proper title of the cause. In practice, separ- 
ate series of volumes are maintained under these titles 
of causes. 

7. Transcripts of proceedings in appeals from justices' 
courts, dockets thereof, and transcripts of judgment for 
liens, etc., from justices' courts. 

8. Naturalization records including petitions, proceedings, 
final certificates, etc. The county courts in Illinois 
prior to 1906 met the requirement of Federal Statutes 
to exercise naturalization jurisdiction." 

9. Original documents used in court hearings and deter- 
minations; of particular importance in the large number 
of cases where complete proceedings are not spread on 
court record." 

10. Monthly reports of the v/arden of the county jail con- 
tainmg a list of all prisoners in his custody, shov;ing 
the cause of commitment and names of persons by 
whom committed.'^ 

PROCEEDINGS OF COURT 
(See also entries 85 [ii, vii, x], 260) 

117. Plaintiffs' and Defendants' Index, 1859—. 1 v. (1). 

Index to Common Law Files, entry 118; Criminal Case Files, entry 122. 
and Insanity Files, entry 125, showing names of plaintiff and defend- 
ant, type of action, date of court term, and file box labeling. Arr. 
alph. by names of plaintiff and defendant. Hdw. under pr. hdgs. 
400 p. 18 X 12 X 4. Co. clk.'s off., 1st fl. 

118. Common, Law Files, 1873—. 77 f. b. (1-163 not consecu- 
tive). 



53. The Civil Service Practice Act of 1933 gi-ants authority to county courts, 
subject to rules promulgated by the Supreme Court and not inconsistent 
with statutory requirements, to make such rules as they may deem exped- 
ient, regulating dockets and calendars of said court (!■. 1933, p. 786). 

54. V. S. R. S. 1789-1874, p. 378. 

55. B. S. 1845, p. 323, 324, 414, 41S, 41!); L. 1865, p. 79, 80; 1.1871-72, p. 325; 
U.S. 1874, p. 262, 263, 3,19: 1.1877, p. 77; I.. 1933, p. 448. 451 : 2 I'. S. Star 
L. 153-55; U. S. B. S. 1789-1874, p. 378-80; 34 U. S. Stat. L. 596-607; 44 U. S. 
Stat. L. 709. 710. 

56. B. S. 1874, p. 616; I.. 1933, p. 678. 

—123— 



County Court — (119-125) 

Proceeding's of Court 

Papers in common law cases, including summonses, subpoenas, pleas, 
warrants, writs, witness affidavits, depositions, commitments, stipula- 
tions, replications appeals, bonds, jury verdicts, and court orders. 
Also contains (Dependent and Delinquent Children), 1873-95, entry 129. 
Arr. by case no. For index, see entry 117. Hdw., typed, and hdw. 
and typed on pr. fm. 11 x 5 x 4. Common vlt., 1st fl. 

119. County Court Record (Common Law), 1873—. 4 v. (3, 3-5). 
Record of proceedings in common law cases, showing date of proceed- 
ings, case number, names of plaintiff, defendant, and attorneys, 
nature of action, court orders, and final disposition of case. Also 
contains Default Record, 1913—, entry 121. Arr. by date of proceed- 
ings. Indexed alph. by name of defendant; for sep. index, see entry 
120. 1873-1923, hdw.; 1924—, typed. 365 p. 18 x 12 x 3. V. 3, 3, 1873- 
1923, common vlt., 1st fl.; v. 4, 5, 1924—, co. clk.'s off., 1st fl. 
120. Plaintiffs' Index to Court Records, 1873—. 1 v. (2). 
Index to County Court Record (Common LavvO, entry 119, showing 
names of plaintiff and defendant, date of court term, nature of ac- 
tion, and book and page of entry. Arr. alph. by name of plaintiff. 
Hdw. under pr. hdgs. 400 p. 18 x 12 x 4. Co. clk.'s off., 1st fl. 

121. Default Record, 1873-1912. 1 v. 1913— in County Court Record 
(Common Law), entry 119. 

Record of judgments by default, showing date of judgment, names of 
plaintiff, defendant, judge, clerk, and sheriff, nature of action, amount 
of judgment, and .signature of clerk. Arr. by date of judgment. In- 
dexed alph. by name of plaintiff. Hdw. on pr. fm. 580 p. 18 x 12 x 2. 
Co. clk.'s off., 1st fl. 

122. Criminal Case Files, 1873—. 14 f. b. (Al, A3, A41, A63-A67, 
A71, A79, A80, A83, A148. A155). 

Papers in criminal cases, including summonses, subpoenas, pleas, 
warrants, indictments, writs, witness affidavits, commitments, appeals, 
recognizance and appeal bonds, jury verdicts, and court orders. Arr. 
by case no. For index, see entry 117. Hdw., typed, and hdw. and 
typed on pr. fm. 11 x 5 x 14. Common vlt., 1st fl. 

123. County Court Records (Criminal), 1873—. 4 v. (3-6). 
Record of proceedings in criminal cases including probation cases, 
showing date of proceedings, names of defendant and attorneys, 
nature of action, court orders, and final disposition of case. Arr. by 
date of proceedings. Indexed alph. by name of defendant; for sep. 
index, see entry 124. 1873-1917, hdw.; 1918—, typed. 572 p. 18 x 12 x 2. 
V. 3, 4, 1873-1917, common vlt., 1st fl.; v. 5, 6, 1918—, co. clk.'s off., 
1st fl. 

124. Defendants' Index To Court Records, 1873—. 1 v. (2). 
Index to County Court Records (Criminal), entry 123, showing name 
of defendant,, nature of action, date of court term, and book and 
page of entry. Arr. alph. by name of defendant. Hdw. under pr. 
hdgs. 400 p. 18 X 12 X 4. Co. clk.'s off., 1st fl. 

125. Insanity Files, 1859--. 18 f. b. (A55-A62, A7G, A71, A82, AIDS, 
Alio, A125, A140, A147, A150, A169). 

Original documents filed in insanity and feeble-minded cases, includ- 
ing petitions, writs, interrogations, reports of physicians and com- 

— 124 — 



County Court — (126-131) 

Dockets 

missions, jury verdicts, court orders, and warrants for commitment. 
Arr. by date of petition. For index, see entry 117. Hd. on pr. fm. 
12 X 4 X 16. Common vlt., 1st fl. 

For other documents in feeble-minded cases, 1896--, see entry 129. 

126. Insanity Record, 1859—. 4 v. (A-D). 

Record of proceedings in insanity cases, showing date of hearing, 
names of petitioner, alleged insane person, judge, witnesses, clerk, 
physician, and members of examining commission, reports of physi- 
cian and commission, and orders of court. Also contains Record of 
Findings and Orders, Feeble-minded, 1859-1914, entry 127. Arr. by 
date of hearing. Indexed alph. by name of alleged insane person. 
Hdw. on pr. fm. 360 p. 17 x 11 x IVz. Common vlt., 1st fl. 

127. Record of Findings and Orders, Feeble-minded, 1915--. 2 v. 
(1, 1). 1859-1914 in Insanity Record, entry 126. 

Record of proceedings in feeble-minded cases, showing names of peti- 
tioner, patient, examining physician, judge, and jurors, dates of peti- 
tion, hearing, examination, and issue and return of summons, physi- 
cian's report, and court orders. Arr. by date of hearing. 1915-23, no 
index; 1924--, indexed alph. by name of alleged feeble-minded per- 
son. Hdw. on pr. fm. 418 p. 18 x 12 x 11/2- Common vlt., 1st fl. 

128. (Adoption Papers), 1874—. In (Miscellaneous Files), entry 85. 
Papers in adoption cases, including petitions, affidavits, investigation 
reports and court orders. 1874-98, hdw. and hdw. on pr. fm.; 1899—, 
typed, and typed on pr. fm. 

129. (Dependent and Delinquent Children), 1896—. 6 f.b. (A32, 
A33, A45, A75, A104, A142). 1873-95 in Common Law Files, 
entry 118. 

Original papers filed in delinquent and dependent cases, including 
petitions, affidavits, complaints, investigation reports, and court 
orders; includes some papers filed in feeble-minded cases, 1896--, and 
deaf and dumb cases, 1901—. Arr. by date of filing. For index, see 
entry 1. Hdw., typed, and hdw. and typed on pr. fm. 11 x 41/2 x 13. 
Com.mon vlt., 1st fl. 

For other papers in feeble-minded cases, 1859—, see entry 125. 

DOCKETS 

Court Dockets 

130. Judge's Docket (Pending Cases), 1920—. 1 v. (7). 
Judge's docket of pending civil and criminal cases, showing dates of 
filing suit and hearing, names of plaintiff, defendant, attorneys, and 
judge, nature of action, and orders of previous term of court. Arr. by 
date of hearing. No index. Hdw. under pr. hdgs. 400 p. 20 x 14 x 3. 
Off. of CO. judge, 1st fl. 

131. Transfer Binder, Common Law, 1920—. 2 v. 1872-1919 in 
Judge's Docket, entry 133. 
Docket of closed common law cases, showing date of filing suit, names 
of plaintiff, defendant, attorneys, and judge, type of case, and abstract 
of proceedings. Arr. by date of filing of suit. No index. Hdw. under 
pr. hdgs. 500 p. 20 x 14 x 4. Co. clk.'s off., 1st fl. 

— 125 — 



Comity Court — (132-138) 

Sockets 

132. Transfer Binder, Criminal, 1920--. 1 v. 1872-1919 in Judge's 
Docket, entry 133. 

Docket of closed criminal cases, showing date of filing suit, names of 
plaintiff, defendant, and attorneys, nature of action, and abstract of 
proceedings. Arr. by date of filing suit. No index. Hdw. under pr. 
hdgs. 400 p. 20 X 14 X 3. Co. clk.'s off., 1st fl. 

133. Judge's Docket, 1872-1919. 6 v. (1-6). 

Judge's docket of closed common law and criminal cases, showing 
names of plaintiff, defendant, attorneys, and judge, date of filing suit, 
nature of action, and abstract of proceedings. Transfer Binder, Com- 
mon Law, entry 131, and Transfer Binder - Criminal, entry 132. subse- 
quently kept separately. Arr. by date of filing suit. No index. Hdw. 
under pr. hdgs. 320 p. 17 x 11 x 3. Common vlt., bsmt. 

134. Judgment and Execution Docket, 1923--. 1 v. (2). 

Docket of judgments and executions, showing date and number of 
execution, kind of action, names of plaintiff and defendant, date and 
amount of judgment, date and notation of satisfaction, amounts of 
fees earned and received, and dates of payment and sheriff's return. 
Judgment Docket, entry 135, and Execution Docket, entry 136, form- 
erly kept separately. Arr. by date of judgment. Indexed alph. by 
name of defendant. Hdw. on pr. fm. 300 p. 17 x 11 x3. Co. clk.'s off., 
1st fl. 

135. Judgment Docket, 1872-1922. 1 v. 1923-- in Judgment and 
Execution Docket, entry 134. 

Docket of judgments entered, showing names of plaintiff and defend- 
ant, nature of judement. amounts of costs, debt, and dam.ages, volunr^ 
and page of record and fee books, date of judgment, and date and 
notation of satisfaction. Arr. alph. by name of person against whom 
judgment is entered. No index. Hdw. under pr. hdgs. 275 p. 17 x 11 
x 3. Co. clk.'s off., 1st fl. 

136. Execution Docket, 1872-1922. 1 v. 1923-- in Judgment and 
Execution Docket, entry 134. 

Docket of executions, showing names of plaintiff and defendant, 
amounts of debts, damages, costs, and judgment, fee book and page 
of entry, and dates of execution and sheriff's return. Arr. by date of 
execution. No index. Hdw. under pr. hdgs. 200 p. 17 x 11 x 2. Co. 
clk.'s off., 1st fl. 

137. Judge's Docket of Insane Cases, 1893--. 3 v. (1 not numbered, 
1, 2). 

Docket of insanity cases, showing case number, names of alleged in- 
sane person, petitioners, witnesses, and attorneys, dates of petition 
and hearing, abstract of proceedings, names and signatures of medical 
examiners and jurors. Arr. by date of petition. Indexed alph. by 
name of alleged insane person. Hdw. under pr. hdgs. 400 p. 18 x 15 
x 2. 1 V. not numbered, v. 1, 1893-1926, common vlt., bsmt.; v. 2, 1927—, 
off. of CO. judge, 1st fl. 

138. Docket of Fines, 1872-92. 1 v. 

List Of fines assessed in county court cases, showing date and amount 
of fines, amount of court costs, name of defendant,^ nature of charge, 
dates of arrest, indictment, and judgment, volume and page of record 

—126 — 



County Coui't — ree Books; i(139-144) 

Keports to Court 

and fee book, and sheriff's return. Arr. by date of fine. Indexed 
alph. by name of defendant. Hdw. under pr. hdgs. 200 p. 15 x 12 x 
11/2. Co. clk.'s off., 1st fl. 

139. Bar Docket, 1876-81. 1 v. 

Docket of county court cases, showing case number, names of plain- 
tiff, defendant, and attorneys, and date set for hearing. Arr. by date 
set for hearing. No index. Hdw. 240 p. 18 x 12 x 1. Co. clk.'s vlt., 
1st fl. 

Justices' Dockets 

140. Justice Docket, 1881-1900. 1 v. 

Docket of cases in .justice of peace courts, shovving names of plaintiff, 
defendant, and justice, nature of action, abstract of proceedings, and 
date of hearing. Arr. by date of hearing. No index. Hdw. under 
pr. hdgs. Common vlt., bsmt. 

FEE BOOKS 

141. Fee Books (Civil), 1873—. 5 v. (1-5). 
Register of fees charged, collected, and disbursed in common law cases, 
showing names of plaintiff and defendant, and dates, amounts, and 
purposes of receipts and disbursements. Also contains Fee Book - 
Criminal, 1873, entry 142, and Insanity Miscellaneous Fee Book, 1873-93, 
entry 143. Arr. by date of initial fee. Indexed alph. by names of 
plaintiff and defendant. Hdw. under pr. hdgs. 580 p. 18 x 12 x 2y2- 
V. 1-3, 1873-88, common vlt., bsmt.; v. 5, 1889--, co. clk.'s off., 1st fl. 

142. Fee Book - Criminal, 1874—. 5 v. (2-6). 1873 in Fee Book 
(Civil), entry 141. 

Register of fees charged and collected in criminal cases, showing 
nara<^s of plaintiff and defendant, date, amount, and purpose of fee, 
and date of payment. Arr. by date of initial fee. Indexed alph by 
name of defendant. Hdw. under pr. hdgs. 575 p. 17 x 11 x 3. V. 2-4, 
1874-1911, common vlt., 1st fl.; v. 5, 6, 1912—, co. clk.'s off., 1st fl. 

143. Insanity Miscellaneous Fee Book, 1894—. 3 v. (A, 1894-1915; 
1, 2, 1911—). Title varies: Fee Book. v. A, 1894-1915. 1873-93 
in Fee Book, (Civil), entry 141. 

Register of fees charged and collected in insanity, adoption, depend- 
ent, and delinquent cases, showing nature of case, date, amount, and 
purpose of fee, names of alleged insane person, dependent, delinquent, 
or ward, and date of payment. Arr. by date of initial fee. Indexed 
alph. by name of principal. Hdw. under pr. hdgs. 315 p. 18 x 12 x 
2'/2. Co. clk.'s off., 1st fl. 

REPORTS TO COURT 
(See also entries 85 [v], 315) 

144. (Reports of State's Attorney), 1904—. 1904-8 in (Miscellane- 
ous Files), entry 85; 1909— in Proceedings of Board of Super- 
visors, entry 2. 

Reports of state's attorney to county court, showing name of defend- 
ant, date of court term, amount of fine, total amounts of fine collec- 
tion and commission earnings, and dates of report and filing. Typed. 

—■127— 



County Court — Bonds; (145-149) 

Probation; Naturalization 

BONDS 

(See also entries 118, 122) 

145. Recognizance Record, 1872--. 2 v. (1 not numbered, 1). 
Missing: 1882-1918. 

Copies of recognizance bonds, showing names of judge, defendant, and 
sureties, date, amount, and obligations of bond, date of filing, and 
place and date set for hearing of case. Also contains Bail Bond 
Record. 1920—, entry 146. Arr. by date of filing. Indexed alph. by 
name of defendant. Hdw. on pr. fm. 600 p. 12 x 15 x 2V2- 1 v. not 
numbered, 1872-81, common vlt., 1st fl.; v. 1, 1919--, off. of co. judge, 
1st fl. 

146. Bail Bond Record, 1917-19. 1 v. 1920— in Recognizance 
Record, entry 145. 

Copies of bail bonds, showing names of defendant and sureties, nature 
of crime, date and amount of bond, value and legal description of 
property scheduled as surety for appearance, dates of filing and ap- 
proval, and signature of judge. Arr. by date of filing. Indexed alph. 
by name of defendant. Hdw. on pr. fm. 290 p. 18 x 12 x 21/2. Co. 
clk.'s off.. 1st fl. 

PROBATION 
^See also entry 123) 

147. (Probation Record), 1939—. 1 v. 

Record of probation cases, showing name, address, age, and sex of 
probationer, personal statistics, history of case, date of court order 
placing person on probation, term of probationary period, findings 
and report of probation officer, and court action. These loose-leaf 
pages are kept only for duration of probationary period and then 
turned over to court to become part of case files. Arr. by date of 
court order placing person on probation. No index. Hdw. and typed 
on pr. fm. 100 p. 8 x 12 x 1. Residence of probation officer, 1st fl., 
Litchfield, Illinois. 

NATURALIZATION 
(See also entry 223) 

148. Naturalization Record, 1862-1906. 4 v. (A-D). 

Copies of naturalization declarations of intention, petitions, and final 
certificates, showing dates of each, names of alien, witnesses, clerk, 
and native land, details of petition and declaration of intention, oath 
of allegiance, and court order granting citizenship. Also contains 
Naturalization Record (Minors), 1866-87. 1899-1906, entry 149, and 
Naturalization Record of Soldiers, 1885-1906, entry 150. Arr. by date 
of final certificate. Indexed alph. by name of alien. Hdw. on pr. fm. 
575 p. 15 X 12 X 3. Common vlt., 1st fl. 

149. Naturalization Record (Minors), 1888-98. 1 v. 1866-87, 1899- 
1906, in Naturalization Record, entry 148. 

Copies of minors' naturalization declarations of intentions, petitions, 
and final certificates, showing dates of each, names of minor, witnesses, 

— 128 — 



County Court — (150-152) 

DTaturalization 

judge, and native land, date and mode of arrival, oath of renuncia- 
tion of allegiance to foreign power, oath of allegiance, and order of 
court granting citizenship. Arr. by date of final certificate. Indexed 
alph. by name of alien. Hdw. on pr. fm. 250 p. 18 x 12 x U^. Com- 
mon vlt., 1st fl. 

150. Naturalization Record of Soldiers, 1865-84. 1 v. 1885-1906 in 
Naturalization Record, entry 148. 

Naturalization record of discharged soldiers, showing date, names of 
judge, clerk, soldier, and native land, renuciation of allegiance to any 
foreign power, oath of allegiance, and order of court granting citizen- 
ship. Arr. by date of court order. Indexed alph. by name of alien. 
Hdw. on pr. fm. 220 p. 18 x 12 x 1. Common vlt., 1st fl. 

151. Naturalization Docket, 1869-1906. 1 v. 

Docket of declarations of intention and petitions for naturalization, 
showing names of alien and witnesses, nationality of alien, date of 
hearing, and notations of court orders. Also contains Naturalization 
Docket (Final), 1869-82, entry 152. Arr. by date of hearing. Indexed 
alph. by name of alien. Hdw. under pr. hdgs. 500 p. 16 x 12 x 3. 
Common vlt., 1st fl. 

152. Naturalization Docket (Final), 1883-1906. 1 v. 1869-82 in 
Naturalization Docket, entry 151. 

Docket of petitions for final certificates of naturalization, showing 
date of hearing, names of alien, judge, and clerk, abstract of proceed- 
ings, and notations of court orders. Arr. by date of hearing. Indexed 
alph. by name of alien. Hdw. under pr. hdgs. 110 p. 14 x 10 x Vz- 
Common vlt., 1st fl. 



-129 — 



(Sext entry, p. 132) 

V. PROBATE COURT 

Jurisdiction in probate matters in Montgomery County was vested 
m a separate probate court from 1821 to 1849. The judge of probate 
was appointed by the General Assembly and held office during good 
behavior." In 1837 it was provided that the probate court be held in 
each county by a probate justice of the peace who was elected by the 
county electorate for a four-year term;- the term was reduced in 1847 
to two years.* The jurisdiction of the probate court was transferred 
to the newly created county court in 1849.' The Montgomery counnty 
court has retained probate jurisdiction from that date to the present.' 

As enunciated by the present, constitution and the enabling legis- 
lation the jurisdiction of the court extends to all probate matters, the 
settlement of estates of deceased persons, the appointment of guard- 
ians and conservators and settlements of their accounts; in all mat- 
ters relating to apprentices, and in cases of sales of real estate of 
deceased persons for payment of debts." The court has power to 
impanel a jury for the trial of issues or matters of fact in any of 
these proceedings before it.' 

Aiding the court in its jurisdiction over the administration of 
intestate estates and the guardianship of m.inors, are, respectively, the 
public administrator and the public guardian. Each officer is ap- 
pointed quadrennially by the Governor with the advice and consent 
of the Senate. The public administrator and public guardian are 
required to enter into bonds set and approved by the probate court 
in sums not less than $5,000." Their duties are performed under the 
direction and orders of the court. The records that result from their 
prescribed duties appear among the records of the court with those 
of other administrators, executors, and guardians. 

When there is no relative or creditor who will administer an 
intestate estate, the court commits tiie administration to the public 
administrator upon application of any person interested in the de- 
ceased estate." If a widow, next of kin, or creditor of the deceased 
appears within six months after the administration is granted to the 
public administrator, the court then revokes its grant of administra- 
tion to the public administrator and orders letters of administration 
granted to such person interested in the estate. If, after all debts 
and charges against the estate which have been presented within two 
years after the administration of the estate was committed to such 
public administrator are fully paid, any balance of the intestate 
estate remains, the administrator causes a notice to be published re- 
quiring persons still having claims against the estate to present them 

1. Z.. 1321, p. 119; Ii. 1823, p. 132; Zi. 1825, p. 87. 

2. li. 1836-37, p. 176. The first justice was elected for a two-year term, the 
four-year term becoming effective in 1839. 

3. I.. 1845, p. 28 (Effective in 1847). 

4. Constitution of 1S4S. Art. V, sec. 16, IS;!. 1849, p. 65. 

5. Constitution of IS-IS, Art. V, sec. 16, IS; L. 1849, p. 65; Constitution of 1870. 
Art. VI, sec. 16; B. S. 1874, p. 339. 340; I., 1933, p. 449, 458. 

6. Constitution of 1870. Art. VI. sec. 20; L. 1S77, p. 80. 

7. R. S. 1845, p. 425; L. 1933, p. 460. 

8. Z;. 1825, p. 70-72; B. L. 1829, p 20S: B. L. 1833, p, 627. 02S; B. S. 1845, p. 548; 
Ii. 1871-72, p. 89; L. 1881, p. 3 ; !•. 1889, p. 165. 

9. R. Xi. 1833, p. 628; B. S. 1845, p. 548; L. 1871-72. p. 89. 

— 130 — 



Probate Court 

to the county court within six months. If no claims are presented, 
the balance is paid into the county treasury, apon the expiration of 
the six-month period, the county remaining answerable to any future 
claims.'" 

As already noted, the court has authority to appoint guardians 
of minor heirs of deceased persons. In cases where the minor is 
under fourteen years of age the court appoints his guardian. 'V^Hien 
the minor is over fourteen he may nominate his own guardian, subject 
to the approval of the court." Under the direction of the court, the 
guardian is responsible for the custody, nurture, and tuition of his 
ward and the care and management of his estate. The court may 
assign the guardianship of the estate to one guardian and the custody 
and tuition of the ward to another." Within sixty days after his ap- 
pointment, the guardian returns to the probate court a complete in- 
ventory of the real and personal estate of the ward in the form pre- 
scribed by law." At the end of the first year of his appointment, and 
every three years thereafter, he makes a settlement of his accounts. 
When his trust is completed or upon the death of the ward, the 
guardian makes final settlement and delivers over to persons entitled 
to them, the property and papers in his hands as guardian." Upon 
failure of a guardian appointed by the court to act within three 
months in this capacity, the court commits the guardianship of the 
minor to the public guardian.'"' The latter's records appear with those 
of other guardians. 

The early probate judge, 1821 to 1837. and tlie probate justice of 
the peace. 1837 to 1849. each performed the ministerial function of the 
probate clerk."' From the creation of the county court in 1849. until 
the present, the countv clerk has served as ex-officio probate clerk." 
The clerk is required to attend the sessions of court, issue all process, 
preserve all files and papers, make, keep, and preserve complete 
records of all proceedings and determinations of the court, and per- 
form all other duties pertaining to his office as required by law or 
rules and orders of his court. He is required to enter of record all 
judgments, decrees, and orders of the court."" In the performance of 
these duties he may. v/hen necessary, appoint deputies for whose acts 
he is responsible.'" 

The major records of the probate court kept by the clerk are the 
following : 

1. Journal of all judicial proceedings and determinations 



10. R. S. 1845, p. 549; Ii. 1371-72, p. 89. 90. 

11. B. S. 1845, p. 265, 200: L. 1873-74, i). 107; I.. 1919, p. 58:i: Ii. 1931, p. SIS; 
I.. 1937, p. 660. 

12. 1.1371-72, p. 469: L. 1377, p. 114. 

13. Ii. 1933, p. 644. 

14. Ii. 1871-72, p. 471: L. 1919, p. 5S3: l. 1S29, p. ",or.. 
1.-,. Ii. 1839, p. 165. 

16. I.. 1821, p. 119. 120; R. I.. 1829, p. 21:;: L. 1831, p. 102; I,. 1837, p. 177. ITS; 
R. S. 1845, p. 427. 428. 

17. Con.stitiition of 1,S4.S. Art. V. Sfi-. 16. l.S: L. 1319, p. 6P.-6.'i; R. S. 1374, 
p. 339. 340. 

l.S. 1.1877, p. 82. 
19. Ibid. 



Probate Conrt — (153, 154) 

ProceediHiTs of Court 

of the judge. 

2. A judgment docket with a direct and an indirect index: 
former, by name of claimant against estate; latter, by 
estate. In practice, the requirement of two indexes 
often leads to two dockets. 

3. Books for recordation of bonds and letters of adminis- 
trators, executors, guardians, and conservators; ap- 
praisement and sale bills; widows' relinquishment and 
selection of property; wills and their probate; annual 
and final reports of administrators, executors, guard- 
ians, and conservators. Generally, each category of 
these probate business matters is recorded separately, 
but the segregation is not always carefully maintained. 

4. Separate dockets of unsettled estates and claims against 
estates, and a ledger of the accounts of executors, ad- 
ministrators, and guardians. Note that the dockets of 
probate business matters are separated from dockets of 
court proceedings, just as are the books of recordation 
of the two categories; the intention of the law to make 
this distinction is further shown in its granting the 
clerk, during vacation of the court, power to receive 
petitions, accept bonds, grant letters testamentary, etc. 

5. Files of original documents not subject to recordation; 
indexes to such; records of office transactions in pur- 
suance of the court's orders to the clerk, necessary in 
the latter's settlement with that body."' 

PROCEEDINGS OF COURT 

General Proceedings 

153. Guardians' and Conservators' Index to Files, 1821--. 1 v. 
Index to guardians' and conservators' papers in Probate Files (Admin- 
istrators and Executors), 1931--, entry 154, and Guardians' and Con- 
servators' Files, 1821-1930, entry 156, showing names of minor or in- 
competent and guardian or conservator, and case and file box num- 
bers. Arr. alph. by name of minor or incompetent. Hdw. under 
pr. hdgs. 150 p. 16 x 8 x 1. Co. clk.'s off., 1st fl. 

154. Probate Files (Administrators and Executors), 1821—. 256 
f.b. (1-256). 

Administrators' and executors' files including petitions, oaths, bonds, 
letters of administration, wills, proofs of will, accounts current, proofs 
of heirship, final accounts and reports, inventories, appraisements, 
sale bills, widows' selections, reports on condition of estates, and court 
orders. Also contains Guardians' and Conservators' Files, 1931--, 
entry 156. Arr. by case no. For index to papers filed in settlement 
of estates of deceased persons, see entry 155; for index to papers filed 
in administration of estates under guardianship or conservatorship, 



20. I.. 1821, p. 119, 120; B. !■. 1829, p. 215, 2.'il; B. L. 1837, p. 429; R. S. 1845, p. 
427, 428; L. 1851, p. 193; L. 1859, p. 92-94; B. S. 1874, p. 260-65; Ii. 1877, p. 63; 
I.. 1933, p. 293. 

— 132 — 



Probate Court — (155-1S8) 

Proceeflingrs of Court 

1931—, see entry 153. Hdw., typed, and hdw. and typed on pr. fm. 
11 X 5 X 14. Co. elk.' off., 1st fl. 

155. Index To Estate Files, 1821--. 2 v. (1, 2). 
Index to papers of estates of deceased persons as filed in Probate 
Files, (Administrators and Executors), entry 154, showing names of 
estate and administrative officer, and case and file box numbers. 
Arr. alph. by name of estate. Hdw. under pr. hdgs. 625 p. 18 x 12 x 4. 
Co. clk.'s off., 1st fl. 

156. Guardians' and Conservators' Files, 1821-1930. 73 f. b. (1-73). 
1931— in Probate Files (Administrators' and Executors'), 
entry 154. 

Papers filed in administration of estates under guardianship and con- 
servatorship, including petitions, oaths, bonds, and letters of guardians 
and conservators, proofs of will, accounts current, proofs of heirship, 
final accounts and reports, inventories, appraisements, sale bills, 
widows' selections, reports on condition of estates, claims against 
estates, and court orders. Arr. by case no. For index, see entry 153. 
Hdw.. typed, and hdw. and typed on pr. fm. 11 x 5 x 14. Common 
vlt., 1st fl. 

157. Probate Journal, 1821—. 47 v. (A-F, A-Z, 1-15). Title varies: 
Records of Probate Court, v. A-F, 1821-49. 

Record of proceedings of probate court, showing names of petitioner 
estate heirs, administrative officer, and witnesses, dates of petition, 
letters, oath, and bond, date of filing, and court orders and decrees. 
Also contains Record of Claims Allowed, 1821-37, entry 158; Record of 
Wills, 1821-48, entry 159; Record of Executors' Bonds and Letters, 
1821-49. entry 160; Administrators' Records, 1821-49, entry 161; Guard- 
ians' Record. 1821-49, entry 162; Miscellaneous Bonds and Letter*, 
1821-74, entry 163;Bond Record Administrator (Sale of Real Estate), 
1821-49, entry 164; Conservators' Record, 1821-49, entry 165; Inventory 
Record, 1821-58, entry 166, including Guardians' Inventory Record^. 
entry 167; Appraisement Record, 1821-58, entry 168; Insolvent Estate 
Record. 1821-74, entry 169; Widows' Award and Selection Record, 
1821-73, entry 170; Public Sale Record, 1821-57, entry 171, including 
Report of Private Sale, entry 172; Estate Ledger, 1821-58, entry 173; 
General Docket (Guardians' Ledger), 1821-58, entry 174; Report 
Record, 1821-84, entry 175; Guardians' (and Conservators') Report 
Record, 1821-85, entry 176; Administrators' and Executors' Final 
Report, 1821-88; entry 177; and Fee Book, Administrator, 1821-60, 
entry 185, including Guardians' and Conservators' Fee Book, entry 186. 
Arr. by date of filing. 1821-49, indexed alph. by name of estate; 
1850-59, no index; I860--, indexed alph. by name of administrative 
officer. 1850-1903, hdw.; 1904—, typed.600 p. 18 x 12 x 3. V. A-F, A-Z. 
1-11, 1821-1933, common vlt., 1st fl.; v. 12-15, 1934—, co. clk.'s off., 
1st n. 

158. Record of Claims Allowed, 1838—. 4 v. (2 not numbered, 
1838-1908; 1, 2, 1905—). Title varies: Fee Book Claims, 
1 v. not nujiiberedj 1838-92; Register of Claims Allowed 
Against Estates, 1 v. not numbered, 1893-1908. 1821-37 in 
Probate Journal, entry 157. 

Record of claims against estates, showing date, number, amount, and 
nature of claim, name of claimant, and date of judgment. Arr. by 
date of claim. Indexed alph. by name of estate. Hdw. under pr. 

•^133—— 



Probate Co-art — (159-163) 

Proceedlnefs of Court 

hdgs. 286-415 p. 18 x 12 x 1 - 8 x 12 x li/g. 1 v. not numbered, 1839- 

92, common vlt., 1st fl.; 1 v. not numbered, 1893-1908, v. 1, 2, 1905--, 

CO. clk.'s off., 1st fl. 

Wills, Bonds, Letters (See 

also entries 85[xi], 91. 154, 156) 

159. Record of Wills, 1849—. 10 v. (A-J). 1821-48 in Probate 
Journal, entry 157. 
Copies of wills, applications to probate wills, and proofs of will, show- 
ing name of testator, county clerk, sheriff, administrative officer, 
county judge, witnesses, and legal heirs, dates of death, hearing, and 
filing, and provisions of will. Arr. by date of filing. Indexed alph. by 
name of estate. Hdw. and typed. 570 p. 18 x 12 x 2. V. A-G, 1849- 
1927, common vlt., 1st fl.; v. H-J, 1928--, co. clk.'s off., 1st fl. 

160. Record of Executors' Bonds and Letters, 1850--. 6 v. (A-F). 
1821-49 in Probate Journal, entry 157. 
Copies of executors' bonds and letters, showing names of estate, judge, 
executor, and sureties, dates of letters, oath, and bond, amount and 
obligations of bond, oath of executor, and acknowledgment; includes 
copies of executors' bonds to sell real estate, 1850-1901. Arr. by date 
of bond. Indexed alph. by name of estate. Hdw. on pr. fm. 355 p. 
17 X 11 X 3. Co. clk.'s off., 1st fl. 

161. Administrators' Records, 1850--. 12 v. (A-G, 1, 2, H-J), 
Title varies: Administrators' Bond, v. A, 1850-57; Record of 
Administrators' and Guardians' Letters and Bonds, v. B, 
1858-66. 1821-49 in Probate Journal, entry 157. 

Copies of administrators' petitions, oaths, bonds and letters, showing 
names of estate, judge, administrator, sureties, and heirs, dates of 
petition, letters, bond, and oath, amount and obligations of bond, oath 
of office, and acknowledgment; includes copies of administrators' 
bonds to sell real estate, 1850-1901. Arr. by date of bond. Indexed 
alph. by name of estate. Hdw. on pr. fm. 304 - 694 p. 17 x 13 x 1/2 - 
14 X 10 X 21/4. V. A-G, 1, 2, 1850-1916, common vlt., bsmt.; v H, I, 
1917-31, common vlt., 1st fl.; v. J, 1932--, clk.'s off., 1st fl. 

162. Guardians' Record, 1850—. 7 v. (1 not lettered, C-H). Missing: 
1858-63. Title varies: Guardians' Bond, 1 v. not lettered, 
1850-57. 1821-49 in Probate Journal, entry 157. 

Copies of guardians' petitions, oaths, bonds, and letters, showing names 
of estate, guardian, sureties, and clerk, date, amount, and obligations 
of bond, dates of petition, oath, and letters, and acknowledgment; in- 
cludes copies of guardians' bonds to sell real estate, 1850-1901. Also 
contains Conservators' Record, 1850-1904, entry 165. Arr. by date of 
bond. Indexed alph. by name of estate. Hdw. on pr. fm. 508 p. 17 x 
11 X 2. 1 v. not lettered, 1850-57, v. C-G, 1864-1931, common vlt, 1st 
fl.; V. H, 1932—, co. clk.'s off., 1st fl. 

163. Miscellaneous Bonds and Letters, 1875—. 3 v. (A-C). 1821- 
74 in Probate Journal, entry 157. 

Copies of petitions, oaths, bonds, and letters of administrators de bonis 
non with will annexed, showing names of estate, judge, clerk, heirs, 
administrator, and sureties, dates of petition, oath, letters, and bond, 
amount and obligations of bond, oath of office, and court order of ap- 



Probate Court — (16»-i««»» 

Proceeding's of Court 

pointment. Arr. by date of bond. Indexed alph. by name of estate. 
Hdw. on pr. fm. 425 p. 17 x 11 x IVo. Co. clk.'s off., 1st fl. 

164. Bond Record Administrator (Sale of Real Estate), 1902—. 2 v. 
(1, 2). 1821-49 in Probate Journal, entry 157. 
Copies of administrators', executors', guardians', and conservators' 
bonds to sell real estate, showing date, amount, and obligations of 
bond, names of estate, administrative ofRcer, and sureties, acknowled- 
ment, and dates of filing and recording. Arr. by date of recording. 
Indexed alph. by name of estate. Hdw. on pr. fm. 304 p. 17 x 13 x 
11/2- V. 1. 1902-28, common vlt., 1st. fl.;v. 2, 1929—, co. clk.'s off., 
1st fl. 

For other copies of administrators', executors', guardians', and 
conservators' bonds to sell real estate, see entries, 160-162. 

165. Conservators' Record, 1905—. 2 v. (A, B). 1821-49 in Probate 
Journal, entry 157; 1850-1904 in Guardians' Record, entry 162. 

Copies of conservators' petitions, oaths, letters, and bonds, showing 
names of petitioner, incompetent, witnesses, judge, and sureties, dates 
of letters, bond, and petition, amount and obligation of bond, and oath 
of conservator. Arr. by date of bond. Indexed alph. by name of es- 
tate. Hdw. on pr. fm. 292 p. 16 x 12 x IVa- V. A, 1905-21, common 
vlt., 1st fl.; V. B, 1922—, co. clk.'s off., 1st. fl. 

Inventories and Appraise- 
ments (See also entries 154, 156) 

166. Inventory Record, 1859—. 15 v. (A-O). 1821-58 in Probate 

Journal, entry 157. 
Record of administrators', executors', and conservators' inventories, 
showing date, names of estate, judge, and administrative officer, list 
and value of real and personal property, status of notes on accounts, 
oath and signature of administrative officer, court approval, and date 
of filing. Also contains Guardians' Inventory Record, 1859-73, entry 
167. Arr. by date of filing. Indexed alph. by name of estate. Hdw. 
on pr. fm. 600 p. 17 x 11 x 1V2. V. A-L, 1859-1926, common vlt., 1st 
fl.; V. M-O, 1927—, co. clk.'s off., 1st fl. 

167. Guardians' Inventory Record, 1874--. 3 v. (A-C). 1821-58 in 
Probate Journal, entry 157; 1859-73 in Inventory Record, 
entry 166. 

Record of inventories of estates under guardianship, showing names 
of estate, judge, guardian, and minor, legal description and value of 
real estate, probable rental, list and value of personal property, list of 
annuities and credits, oath of guardian, and dates of recording and 
filing. Arr. by date of recording. Indexed alph. by name of minor. 
Hdw. on pr. fm. 560 p. 17 x 11 x 2. V. A, B, 1374-1935, common vlt., 
1st fl.; V. C, 1936—, co. clk.'s off., 1st fl. 

168. Appraisement Record, 1859—. 13 v. (A-M). 1821-58 in Pro- 
bate Journal, entry 157. 

Record of appraisements of estates in probate, showing names of 
estate, appraiser, and heirs, court order appointing appraiser, date 
of oath, itemized statement and value of real and personal property, 
total value, amount allowed widow and minor children, dates of report. 
approval, and filing, and acknowledgment. Arr. by date of filing. 

— 135 — 



Protate Court — (169-173) 

Proceeding's of Court 

Indexed alph. by name of estate. Hdw. on pr. fm. 285 p. 18 x 12 x 2. 
V. A-H, 1859-1911, common vlt., 1st fl.; v. I-M, 1912—, co. clk.'s off., 
1st fl. 

169. Insolvent Estate Record, 1875—. 1 v. (A). 1821-74 in Probate 
Journal, entry 157. 

Record of estates found insolvent, showing date of administrative 
officer's report, names of estate, administrative officer, and heirs, 
amounts of assets and liabilities, inventory of personal property, 
amount paid widow, and court approval of report. Arr. by date of 
report. Indexed alph. by name of estate. Hdw. on pr. fm. 250 p. 
17 X 11 X 2. Co. clk.'s off., 1st fl. 
Widows' Relinquishment 
and Selection (See also entries 154, 156, 168, 169) 

170. Widows' Award and Selection Record, 1874--. 5 v. (A-E>. 
1821-73 in Probate Journal, entry 157. 

Record of widows' relinquishment, selections, and awards from deced- 
ents' estates, showing names of estate, widow, and appraiser, list of 
items selected, relinquished, and allowed, appraised value, appraise- 
ment bill for personal property, statement of appraiser, and date of 
filing. Arr. by date of filing. Indexed alph. by name of estate. Hdw. 
on pr. fm. 290 p. 17 x 11 x lJ/2- V. A-D, 1874-1925. common vlt., 1st 
fl.; v. E, 1926—, co. clk.'s off., 1st fl. 
Reports of Sale 

171. Public Sale Record, 1858—. 7 v. (A-G). 1821-57 in Probate 
Journal, entry 157. 

Copies of reports of sales of property in settlement of estates, showing 
names of estate, petitioner, judge, clerk, and purchaser, dates of re- 
port, petition, and sale, legal description, and value of real estate, list 
and value of personal property, amount of sale, amount disbursed in 
settlement of claims, and balance available. Also contains Report of 
Private Sale, 1858-1922, entry 172. Arr. by date of report. Indexed 
alph. by name of estate. Hdw. on pr. fm. 304 p. 17 x 11 x 21/2- Co. 
clk.'s off., 1st fl. 

172. Report of Private Sale, 1923—. 1 v. (F). 1821-57 in Probate 
Journal, entry 157; 1858-1922 in Public Sale Record, entry 171. 

Copies of reports of private sales of personal property in settlement of 
estates, showing names of estate, petitioner, judge, clerk, and pur- 
chaser, dates of report, petition, and sale, list and description of prop- 
erty, and amount of sale. Arr. by date of report. Indexed alph. by 
name of estate. Hdw. on pr. fm. 420 p. 17 x 11 x 2. Co. clk.'s off.. 
1st fl. 

Reports, Current and 
Final Accounts (See also entries 154, 156) 

173. Estate Ledger, 1859—. 7 v. (1 not lettered. B-G». Title 
varies: Account Current - Administrator, 1 v., 1859-67. 1821- 
58 in Probate Journal, entry 157. 

Ledger accounts of receipts and expenditures in settlement of estates, 
showing date of report, names of estate, administrative officer, and 
heirs, dates, amounts, and purposes of receipts or expenditures, recap- 
itulation of accounts, notation of court order of approval, and balance 

— 136— 



Probate Court — (174-178) 

Dockets 

available. Arr. by date of report. Indexed alph. by name of estate. 
Hdw. under pr. hdg«. 293 p. 17 x 11 x 2. 1 v. not lettered, v. B-F, 
1859-1927, common vlt., 1st fl.; v. G, 1928--, co. clk.'s off., 1st fl. 

174. General Docket (Guardians' Ledger), 1859—. 4 v. (A-D). 
Title varies: Account Current, v. A, 1859-68; Guardians' 
Ledger, v. B, C, 1869-1919. 1821-58 in Probate Journal, entry 
157. 

Ledger of guardians' accounts of receipts and disbursements in settle- 
ment of estates under guardianship, showing names of estate, guard- 
ian, and minor heirs, dates, amounts, and purpose of receipts and 
disbursements, recapitulation of accounts, balance available, and date 
of entry. Arr. by date of entry. Indexed alph. by name of minor. 
Hdw. under pr. hdgs. 590 p. 17 x 11 x 2. Co. clk.'s off., 1st fl. 

175. Report Record, 1885—. 5 v. (A-D, D2). 1821-84 in Probate 
Journal, entry 157. 

Copies of reports of administrators and executors, showing names of 
estate, petitioner, and heirs, dates of petition and letters, dates, 
amounts, and purposes of receipts and expenditures, signatures of 
heirs and agent, recapitulation of accounts, and date of filing. Arr. 
by date of filing-. Indexed alph. by name of estate. Hdw. on pr. fm. 
367 p. 17 X 11 X 2. V. A, B, 1885-1914, common vlt., 1st fl.; v. C, D, D2, 
1915—, CO. clk.'s off., 1st fl. 

176. Guardians' (and Conservators') Report Record, 1886--. 10 v. 
(A-J). 1821-85 in Probate Journal, entry 157. 

Copies of guardians' and conservators' reports, showing names of 
minor or alleged incompetent, and guardian or conservator, date ol 
report, dates, amounts, and purposes of receipts and expenditures, and 
recapitulation of accounts. Arr. by date of report. Indexed alph. by 
name of estate. Hdw. on pr. fm. 450 p. 17 x 11 x 2. V. A-G, 1886- 
1924, common vlt., 1st fl.; v. H-J, 1925--, co. clk.'s off., 1st fl. 

177. Administrators' and Executors' Final Report, 1889--. 11 v. 
(B-E, G-M). 1821-88 in Probate Journal, entry 157. 

Final report record of administrators and executors, showing names of 
estate, heirs, and administrative officer, dates, amounts, and purposes 
of receipts and disbursements, total receipts and disbursements, bal- 
ance to be divided among heirs, signatures of administrative officer 
and judge, and dates of acknowledgment and filing. Arr. by date of 
filing. Indexed alph. by name of estate. Hdw. on pr. fm. 500 p. 
18 X 12 X 3. V. B-E, G-K, 1889-1937, common vlt., 1st fl.; v. L, M, 
1938—, CO. clk.'s off., 1st fl. 

DOCKETS 

178. Probate Judge's Blotter, 1850—. 23 v. (4 not labeled, G, 1 not 
labeled, R-Z, 1-8). Missing: 1874-77; 1882-85. Title varies: 
Probate Docket, 1 v. not labeled, v. G. 1864-73; v. U-Z, 1898- 
1912. 

Judge's docket of probate cases, showing names of estate, adminis- 
trative officer, attorneys, witnesses, judge^ and clerk, nature of action, 
date of court term, and dates and notations of court orders. Current 
entries made in this docket are for cases instituted prior to 1919 and 

— 137 — 



Probate Court — (179-184) 

Dockets 

still unsettled. Arr. by date of court term. Indexed alph. by name 
of estate. Hdw. 200 - 400 p. 16 x 12 x 1 -18 x 12 x 3. 4 v. not labeled. 
V. G, 1 not labeled, R-T, 1850-97, common vlt., 1st fl.; v. U-Z, 1-5, 1898- 
1926, common vlt., bsmt.; v. 6-8, 1927—, co. clk.'s off.. 1st fl. 

For dockets of cases instituted subsequent to 1918, see entries 179. 
180. 

179. Transfer Binder (Probate), 1919—. 2 v. 

Judge's docket of closed probate cases, showing names of estate, ad- 
ministrative officer, heirs, attorneys, witnesses, judge, and clerk, type 
of action, case number, date of court term, and abstract of proceed- 
ings. Insertions are made into this loose-leaf docket from Judge's 
Docket in Probate (Pending Cases), entry 180, upon settlement of 
estate. Arr. by date of court term. No index. Hdw. under pr. hdgs. 
600 p. 12 X 10 X 6. Co. clk.'s off., 1st fl. 

For docket of cases settled prior to 1919, see entry 178. 

180. Judge's Docket In Probate (Pending Cases), 1930--. 1 v. 
Judge's docket of pending probate cases, showing names of estate, 
administrative officer, heirs, attorneys, case number, date of court 
term, and dates and notations of court orders. This docket is loose- 
leaf and upon settlement of estate pages are inserted into Transfer 
Binder (Probate), entry 179. Arr. by date of court term. No index. 
Hdw. under pr. hdgs. 600 p. 12 x 10 x 6. Co. judge's off., 1st fl. 

For docket of unsettled cases instituted prior to 1919, see entry 
178. 

181. Probate Estate Docket, 1861—. 8 v. (A-H). 

Docket of court proceedings on estates in probate, showing names of 
estate and administrative officer, date of filing will, dates of petition, 
bond, letters, inventory, appraisement, sales, and reports, and dates 
and notation of court orders. Arr. by date of filing will. Indexed 
alph. by name of estate. Hdw. under pr. hdgs. 270 p. 17 x 12 
X 2. V. A-F, 1861-1927, common vlt., 1st fl.; v. G-H, 1928—. co. clk.'s 
off.. 1st fl. 

182. Probate Judgment Docket, 1859—. 13 v. (A-M>. 

Docket of judgments on claims against estates, showing names of 
claimant and estate, date, amount, number, and nature of claim, 
memoranda as to summonses and notices, and date and amount of 
judgment. Arr. by date of judgment. For index, 1859-1909. see 
entry 183; 1910—, indexed alph. by name of claimant. Hdw. under 
pr. hdgB. 319 p. 18 x 12 x 2. V. A-J, 1859-1915. common vlt., 1st fl.: 
V. K-M, 1916—, CO. clk.'s off., 1st fl. 

183. Index To Probate Judgment Docket, 1859-1909. 2 v. (A, B). 
Index to Probate Judgment Docket, entry 182. showing names of 
claimant and estate, and book and page of entry. Arr. alph. by name 
of claimant. Hdw. under pr. hdgs. 200 p. 18 x 12 x I1/2 Common 
vlt., 1st fl. 

184. Judge's Docket of Unsettled Estates, 1875-99. 1 v. 
Docket of unsettled estates, showing names of estate, administrative 
officer, heirs, and sureties, date, amount, and obligations of bond. 
date and amount of sale bill, and date of entry. Arr. by date of 
entry. Indexed alph. by name of estate. Hdw. under pr. hdgs. 250 p. 
17 X 11 X 11/2- Common vlt., 1st fl. 

— 138 — 



Probate Court — (185, 186) 

Fee Books 

FEE BOOKS 

185. Fee Book, Administrator, 1861—. 15 v. (A-D, G-Q). 1821-60 

in Probate Journal, entry 157. 
Register of fees charged, collected, and disbursed in administration 
of estates of deceased persons, showing names of estate and adminis- 
trative officer, date, amount, and purpose of fee, and date and amount 
of payment. Also contains Guardians' and Conservators' Fee Book, 
1861-63, entry 186. Arr. by date of initial fee. Indexed alph. by name 
of estate. Hdw. under pr. hdgs. 576 p. 17 x 11 x 2. V. A-D, 1861-91, 
common vlt., 1st fl.; v. G-Q, 1892—, co. clk.'s off., 1st fl. 

186. Guardians' and Conservators' Fee Book, 1864—. 5 v, (B, E-G). 
1821-60 in Probate Journal, entry 157; 1861-63 in Fee Book, 
Administrator, entry 185. 
Register of fees charged, collected, and disbursed in estates under 
guardianship and conservatorship, showing names of estate, guardian 
or conservator, and incompetent, date, amount, and purpose of fee, 
and date and amount of payment! Arr. by date of initial fee. Indexed 
alph. by name of guardian or conservator, Hdw, under pr. hdgs. 575 p. 
18 X 12 X 2. Co. clk.'s off., 1st fl. 



-139 — 



(IText entry, p. 145) 

VI. CIRCUIT COURT 

The circuit court has original jurisdiction of all causes in law 
and equity and acts as a court of appeals in probate matters and 
causes cognizable by the county court and justices of the peace.' In 
addition, it is one of the courts capable of having naturalization 
jurisdiction according to Federal Statutes/ 

Originally, the circuit court was held in Montgomery County by 
justices of the Supreme Court. Later, provision was made for the 
appointment, by both branches of the General Assembly, of separate 
circuit court judges to hold office during good behavior.' An act of 
1827 repealed this provision and provided that circuit courts again 
be held by Supreme Court justices.' In 1835 the judiciary was re- 
organized, and a circuit judge was appointed by the General Assembly 
for the district serving Montgomery County. All of the laws requiring 
Supreme Court justices to hold circuit court were repealed by this 
legislation." The new plan of organization was in effect for a brief 
period of six years, for in 1841 additional associate justices of the 
Supreme Court were appointed by joint ballot of the General Assem- 
bly, which justices, together with the other justices of the Supreme 
Court, held the circuit courts.' Then in 1849 another change was 
made in accordance with the second constitution which provided for 
the election of circuit judges by the judicial district electorate.* The 
Constitution of 1870 altered the circuit districts and established popu- 
lation requirements for counties that may comprise a circuit.* From 
1849 to the present the circuit judges have been elected officers of the 
judicial district electorate. The fourth circuit is made up of nine 
counties, one of which is Montgomery.'" 

Three circuit judges, who serve for six-year terms, are elected for 
the district. Before entering upon the duties of his office, each cir- 
cuit judge is required to subscribe to an oath which is filed with the 
Secretary of State." The salary for those circuit judges elected after 
the first Monday of June, 1933. is set at $7,200, and for those elected 
after the first Monday of June. 1939. the amount is increased to 
$8,000. The salaries are paid from the state treasury." 

T. Constitution of 1870, Art. VI. sec. 12: L. 1871-72, p. 109: ». S. 1874, p. 344; 
Zi. 1895, p. 189: !•. 1933, p. 688: I.. 1935, p. 1. 

2. 2 U. S. Stat. L. 135: U. S. R. S. 1789-1874, p. 378-80; .34 U. S. Stat. L. 596; 
37 U.S. Stat. L. 737; 44 U.S. S(;a. \.. 700. 

3. Constitution of 1S18, An. IV, se< . 4; I.. 1819. i. :;Tv; r. L. 1829, p. 48. 

4. L. 1824, p. 41. 

.'■). R. I.. 1827, p. 118. 

6. Zi. 1835, p. 150, 151. 

7. li. 1841, p. 173; R. S. 1845, p. 143. 

8. Constitution of 184S, Art. V. sec. 7. 15. 

9. Constitution of 1870, Art. VI, sec. 13. 

10. Zi. 1933, p. 435. 

11. Constitution of 1S70. Art. VI, sec. 12. Zi. 1933, p. 436. 

12. I.. 1933, p. 621; Zi. 1937. p. 189. 606. In 1835 the salary of the circuit Judge 
was $750 per annum (Zi. 1835, p. 167). The Constitution of 1870 set the 
salary at 53,000 until otherwise provided by law (Constitution of 1870, 
Art. VI, sec. 16). A few of the recent chanpes were: from 1919 to 1925, 
for judges elected during this period, 56,500: for the period from 1925 to 
1933, those elected received 58,000 per year (Zi.l919, p. 353, 554; £. 1925, 
p. 400; Z;. 1931, p. 148). 

— 140 — 



Circnit Court 

The hearings of several of the election contests are held before 
this court. Jurisdiction is granted the court to hear and determine 
contests of the election of judges of the Supreme Court, judges of the 
circuit court, and members of the State Board of Equalization; but no 
judge of the circuit court is allowed to sit upon the hearing of any 
case in which he is a party." The circuit court also hears and deter- 
mines the election contests of some of the local and county ofRces. 
These include contests of judge of the county court, mayors of cities, 
president of the county board, presidents of villages, and elections 
in reference to removal of county seats and in reference to any other 
subject which may be submitted to the vote of the people of the 
county. The circuit court has concurrent jurisdiction with the county 
court in cases of contested elections under the latter's jurisdiction." 

Included under the jurisdiction of the circuit court are also ap- 
peals from the Illinois Commerce Commission's rules, regulations, 
orders, or decisions. Such appeals may be taken to the circuit court 
serving Montgomery County when the subject matter of the hearing 
is situated in this county. The appeal may be heard for the purpose 
of having the reasonableness or lawfulness of the rule, regulation, 
order, or decision inquired into and determined.'' 

To expedite the handling of litigation, a branch circuit court may 
be held at the same time that the main or i-egular circuit court for 
Montgomery County is in session. A branch court is held by any 
circuit judge or by any judge of any other circuit called in for the 
purpose of hearing and deciding motions and settling the issues in 
any or all cases pending in the circuit court, and for the purpose of 
hearing chancery causes and cases at law which are pending in such 
court for that term. The presiding judge of the main circuit court 
assigns to the branch court as many of the law and chancery cases 
as the presiding judge of the branch court will possibly have time 
to hear.'" 

Also, to aid in the speedy administration of justice, the judges, or 
a majority of them, may, by an order entered of record in the office 
of the clerk of the circuit court, dispense wih either or both the grand 
and petit juries for any term or part of term of the circuit court, and 
may designate what term or portion thereof shall be devoted to crim- 
inal business, and what term or portion thereof, to civil business." 

Each of the three judges of the circuit court is authorized to 
appoint one official shorthand reporter. This appointee is required 
to be skilled in verbatim reporting and is not allowed to hold more 
than one such official appointment. The appointment is in writing 
and is required to be filed in the office of the auditor of public ac- 
counts. The reporter holds office until his appointment is revoked 
by the appointing judge or until the termination of the judge's term. 
\Vlien the official reporter is absent or disabled the presiding judge 
may appoint any other competent reporter to act during such absence 



l.",. I.. 1899, p. 152. 

14. I.. 1871-72, p. 396; 1^.1895, p. 170. 

i:,. I.. 1921, p. 742. 743. 

16. L. 1873-74, p. 82, 83; Z.. 1905, p. 146. 

17. Z^. 1835, p. 168; !•. 1873-74, p. 81; Z;. 1933, p. 441, 442. 

—141— 



Clrcnlt Court 

or disability. Tiie substitute is paid for his services by the official 
reporter. The reporter causes full stenographic notes of the evidence 
in all trials before the court to be taken down and transcript of the 
same to be correctly made if desired by either party to the suit, their 
attorneys, or the judge of the court. Each of the reporters receives 
and is paid out of the state treasury an annual salary of $3,240. The 
salaries are paid out monthly on the warrant of the auditor of public 
accounts.'^ 

The probation officer for adult probationers is an appointee of the 
circuit court.'" His services extend throughout the county. Courts 
exercising criminal or quasi-criminal jurisdiction are given power to 
release on probation adult or juvenile offenders found guilty of com- 
mitting certain specified offenses.'" In the performance of his pre- 
scribed duties, the probation officer principally serves the county and 
circuit courts. He is required to give bond as determined by the 
circuit court in a sum not exceeding $5,000 and is subject to the rules 
of, and removal by. the appointing court." Montgomery County is 
allowed one probation officer under the allowance of one for each 
fifty thousand, or fraction thereof, of population." 

The probation officer is compensated at a rate determined by the 
county board. In the performance of his duties, he is required to 
investigate the cases of defendants requesting probation; notify the 
court of previous conviction or probation; make reports to the respect- 
ive courts; keep a set of records as described below; take charge of. 
and watch over, all persons placed on probation in his county and 
all probationers moving from another county into his county. He is 
also required to notify probation officers in other counties of any pro- 
bationers under his supervision who may move into those counties.'" 

The reports made by the probation officer to the courts are kept 
by the clerks in the respective cases. The courts' probation records 
include orders granting or refusing release on probation, probationers' 
bonds, the reports of probation officers noted above, and discharge 
of probationers. 

The probation officer is required to keep complete and accurate 
records of investigated casts, including descriptions of the investigated 
persons, the action of the court, and the subsequent history of pro- 
bationers. These records are open to inspection by any judge or by 
any probation officer pursuant to a court order, but are not public 
records.-' 

Unlike the judges of the circuit court who are elected by the judi- 
cial district electorate, the clerk of this court is elected by the county 
electorate." This official performs the ministerial duties of the circuit 
court of Montgomery County and files and preserves its records a.i 



18. Xi. 1933, p. 464. 

19. I.. 1911, p. 280. 

20. Ibid., p. 277, 278. 

21. Ibid., p. 280, 281; I.. 1915, p. 380, 3S1. 

22. !•. 1915, p. 380. 

23. K. 1911, p. 281, 282; I.. 1915, p. 381. 382. 

24. Zi. 1911. p. 277-84: I.. 1915, p. 378-84. 

25. Constitution of 1848, Art. V. sec. 7; Constitution of 1870, Art. X, sec. 3. 

— 142 — 



Circnit Conxt 

well as those of the branch circuit court/"' He is commissioned by the 
Governor and before entering upon the duties of his office, gives bond 
with sureties which are approved by any two of the judges of the 
court. His bond is given in the sum of not less than $5,000 as agreed 
upon by the judges. The oath to which he subscribes is filed with 
the Secretary of State." If a vacancy occurs in this office and 
the unexpired term does not exceed one year, the court is required to 
fill such vacancy by appointment of a clerk pro tempore. The ap- 
pointee is then required to qualify for office in the same manner as 
the elected clerk of the circuit court. Wlien the appointment is made, 
the court notifies the Governor of the filled vacancy. The Governor 
in turn, as soon as practicable, issues a writ of election for the circuit 
court clerk."' 

The clerk of the circuit court was first appointed by the ch'cuit 
judge in Montgomery County.'" He kept a record of all the oaths that 
he administered and certified a copy annually to the Secretary of 
State.'" The clerk preserved a complete record of all proceedings and 
determinations of the court of which he was clerk." At each term 
of the circuit court, the clerk inquired into the condition of the treat- 
ment of prisoners and was required to see that they all were humanely 
treated." This authority was in later years, and is at present, dele- 
gated to the circuit court.^' One of the early requisites of this office 
was for the clerk of the circuit court to reside near the county seat 
in order that he could attend to his duties daily. In the event that 
it was not possible for him to be in daily attendance, the presiding 
judge was to fill such vacancy.^' The Const ji^^ution of 1848 made the 
clerk of the circuit court an elective officer of the county with a four- 
year term. This arrangement has continued until the present." 

The clerk is able to perform the several duties of his office with 
the aid of his staff which consists of assistants and deputy clerks who 
are appointed by him in a number determined by rule of the circuit 
court."^ This order is entered as of record, and the compensation of 
such assistants and deputies is set by the county board." 

Among the records kept by the clerk of the circuit court are the 
following:"* 

1. Books of record of the proceedings and judgments of the 



26. L. 1905, p. 147. 

27. R, S. 1874, p. 260. 

28. L. 1873-74, p. 95. 

29. Constitution of 1S18, Art, IV, sec. 6;R.Ii.l833, p. 152; R.S. 1845, p. 146. 
?,0. !>. 1319, p. 3 49. 

.31. R. I.. 1829, p. 44; R. Ii. 1833, p. 152; S. S. 1845, p.l47. 
.■{2. R. L. 1827, p. 248. 

33. R.S. 1874, p. 616; Ii. 1923, p. 423. 

34. R. I.. 1829, p. 35. 

35. Conslitution of 1848, Art. V, sec. 29; Constitiitiun of 1870, Art. X, .sec. 8. 

36. Ii. 1831, p. 49; Constitution of 1870, Art. X, sec. 9. 

37. Constitution of 1870, Art. X, sec. 9. 

.38. The Civil Practice Act of 1933 grants authority to the circuit courts, 
subject to rules promulgated by the Supreme Court and not inconsistent 
with statutory requirements, to make such rules as they may deem ex- 
pedient, regulating dockets and calendars of said court (£. 1933, p. 7S6). 

— X43— 



Clrcait Conrt 



court with alphabetical indexes by parties. Proceedings 
are recorded at length only in cases designated by law, 
or when the court at the motion and assumption of ex- 
pense by one of the parties, so orders. In practice, from 
an early date the court record has been broken down 
into segregated types of proceedings and judgments. 

2. "Plaintiff-Defendant Index to Court Records" and "De- 
fendant-Plaintiff Index to Court Records." intended to 
be separate records, but frequently combined in a single 
volume with the two indexes segregated in each volume. 

3. A general docket in which all suits are entered in the 
order they are commenced. 

4. A judgment and execution docket containing a column 
for the entry of satisfaction or other disposition. In 
practice, an execution docket is frequently set up 
independently. 

5. Additional dockets, designated as the clerk's, judge's, 
and bar docket. In practice, the bar docket has tended 
to drop out of use. 

6. A fee book in which costs and fees are to be entered 
under the proper title of the case. In practice, separate 
series of volumes are maintained under such titles of 
causes. 

7. Transcripts of proceedings in appeals from justices', 
city, and foreign courts, dockets thereof, and transcripts 
of judgments for liens, etc., from the former. Separate 
well-bound books are required to be kept for each city 
court. These books are to contain an alphabetical 
docket of all judgment decrees rendered in the city 
court. They also provide for entry of data relating to 
the filing of the transcript with the corresponding num- 
ber of the transcript." 

8. Naturalization proceedings from petitions to final cer- 
tificate; Federal Statutes allow the circuit court to 
exercise jurisdiction. 

9. Reports to the court from its designated masters in 
chancery, the state's attorney, and the coroner's inquest 
juries. 

10. Jury venires, summonses, certificates, etc. 

11. Original documents used in court hearings and deter- 
minations. These documents are of particular import- 
ance because in a large number of cases the complete 
proceedings are not spread on court record. 

12. Monthly reports of the warden of the county jail, con- 
taining a list of all prisoners in his custody, showing 
causes of commitment and names of persons by whom 
committed. *- 



39. R.S.1874, p. 347; I.. 1901, p. 136, 137. 

40. R.I.. 1827, p. 217; B. S. 1845, p. 323-26, 4H. 418, 419. 518: I.. 1865, p. 79, 80; 
Xi. 1871-78, p. 325; B. S. 1874, p. 262, 263, 339, 616; l. 1877, p. 77; !•. 1895, p. 
217; Z.. 1933, p. 442, 677; 2 U. S. Stat. L. 153-55; TT.SJt.S. 1789-1874, p. 37S 
80; 34 U. S. Stat, L. 596-607, 709, 710; 45 U. S. Stat. L. 1514, 1515. 

— 144 — 



Circuit Court — (187-191) 

Proceeding's Of Court 

PROCEEDINGS OF COURT 

187. Criminal Index, 1881—. 2 v. (1 not labeled, 2). 

Index to criminal case papers in Circuit Court Files, entry 191, and 
Criminal Court Records, entry 194. showing term date, case number, 
names of plaintiff and defendant, type of action, notations of court 
orders, book and page of entry, and file box number. Arr. alph. by 
name of defendant. Hdw. under pr. hdgs. 600 p. 18 x 12 x2>/2. Cir. 
clk.'s off., 1st fl. 

For prior criminal index, see entry 190. 

188. Index Common Law, 1918—. 2 v. (6 plaintiff; 6 defendant). 
1849-1917 in General Index Court Records Plaintiff-Defend- 
ant, entry 190. 

Index to common law case papers in Circuit Court Files, entry 191. 
and Court Record, entry 192, showing term date, case number, names 
of plaintiff and defendant, type of action, notations of court orders, 
book and page of entry, and file box number. Arr. alph. by name?; 
of plaintiff and defendant. Hdw. under pr. hdgs. 600 p. 18 x 12 x 21/2- 
Cir. clk.'s off., 1st fl. 

189. Index Chancery, Plaintiff-Defendant, 1918—. 2 v. (5 plain- 
tiff; 5 defendant). 1849-1917 in General Index Court Records 
Plaintiff-Defendant, entry 190. 

Index to chancery case papers in Circuit Court Files, entry 191, and 
Chancery Records, entry 193, showing names of plaintiff and defend- 
ant, term date, case number, type of action, book and page of entry, 
and file box number. Arr. alph. by names of plaintiff and defendant. 
Hdw. under pr. hdgs. 600 p. 18 x 12 x 2V2. Cir. clk.'s off., 1st fl. 

190. General Index Court Records Plaintiff-Defendant, 1849-1917. 
9 V. (A, 1849-65, plaintiff -defendant; 1-4, plaintiff; 1-4, de- 
fendant, 1857-1917). 

Index to Court Record, entry 192; Chancery Records, entry 193: 
Criminal Court Records, 1871-80, entry 194; common law and chancery 
case papers and and criminal case papers, 1849-80, in Circuit Court 
Files, entry 191, showing names of plaintiff and defendant, term date, 
case number, type of action, notations of court orders, book and page 
of entry, and file box number. Volumes 1, plaintiff. 1, defendant, 
1857-65, are transcriptions of a portion of volume A, plaintiff-defend- 
ant, 1849-65. Index Common Law, entry 188. and Index Chancery, 
Plaintiff-Defendant, entry 189, subsequently kept separately. Arr. 
alph. by names of plaintiff and defendant. Hdw. under pr. hdgs. 
600 p. 18 X 12 X 21/2- Cir. clk.'s off., 1st fl. 

191. Circuit Court Files, 1821 — . 2 boxes; 697 f.b. (1-333, 364 not 
numbered). 

Original chancery, criminal, and common law case papers, including 
indictments, attachments, summonses, subpoenas, pleas, warrants, 
writs, witness affidavits, depositions, commitments, stipulations, repli- 
cations, appeals, recognizance, appeal, and bail bonds, instructions to 
jury, jury verdicts, and court orders. 1821-49, 1905--, arr. by case no.; 
1850-1904, arr. by date of filing suit. 1821-48. no index; for index to 



Circuit Court — (192-196) 

Froceedingrs of Cotirt 

criminal case papers, 1849-80, and common law and chancery case 
papers, 1847-1917, see entry 190; for index to criminal case papers, 
1881--, see entry 187; for index to common law case papers, 1918—, see 
entry 188; for index to chancery case papers, 1918--, see entry 189. 
Hdw., typed, and hdw. and typed on pr. fm. Boxes 3x3x6; f.b. 11 x 
5 x 14. 2 boxes, 1821-49, attic strm., 4th fl.; f.b. 1-333, 1850-1904, com- 
mon vlt., 1st fl.; 364 f.b. not numbered, 1905—, cir. clk.'s off., 1st fl, 

192. Court Record, 1821—. 24 v. (A-E, 1-19). 

Record of proceedings in common law cases, showing date, case num- 
ber, names of plaintiff, defendant, attorneys, judge, clerk, jurors, 
and witnesses, type of action, and orders and decrees of court. Also 
contains Chancery Records, 1821-61, entry 193; Criminal Court Rec- 
ords, 1821-70, entry 194; Judgments by Confession, Vacation and Term 
Time, 1821-1922, entry 196; Transcript from Justice of the Peace, 
1821-76, entry 198; Transcript of Judgment (Foreign Counties), 1821- 
1923, entry 199; and Bond and Recognizance Record, 1821-71, entry 
222. Arr. by date of proceedings. Indexed alph. by name of plaintiff; 
for sep. index, 1849-1917, see entry 190: for sep. index, 1918--, see 
entry 188. Hdw. 600 p. 18 x 12 x 2y2. Cir. clk.'s off., 1st fl. 

193. Chancery Records, 1862—. 47 v. (1-16, 18-48). 1821-61 in 
Court Record, entry 192. 

Record of chancery cases, including foreclosures, trusteeships, divorce 
cases, and partition suits, showing names of plaintiff, defendant, and 
attorneys, date and record of proceedings, and court orders. Arr. by 
date of proceedings. Indexed alph. by name of plaintiff; for sep. 
index, 1862-1917, see entry 190; for sen. index, 1918—, see entry 189. 
1862-96, hdw.; 1897—. typed. 500 p. 18 x 12 x 2. V. 1-16, 18-41, 1862- 
1932, common vlt., 1st fl.; v. 42-48, 1933—, cir. clk.'s off., 1st fl. 

194. Criminal Court Record.s, 1871--. 8 v. (I-P). 1821-70 in Court 
Record, entry 192. 

Record of criminal cases, including probation, showing case number, 
court term, names of defendant, attorneys, witnesses, and juror's, 
nature of charge, proceedings, and court orders. Arr. by date of pro- 
ceedings. Indexed alph. by name of defendant. For index, 1871-80, 
see entry 190; for index, 1881—, see entry 187. 1871-98, hdw.; 1899—, 
typed. 500 p. 18 x 12 x 2. Cir. clk.'s off., 1st fl. 

195. Praecipes For Execution, 1877--. 2 v. (1 not numbered, 2). 
Copies of praecipes for execution, showing case number, names of at- 
torney, plaintiff, defendant, and clerk, date and order for execution. 
Arr. by date of praecipe. No index. Hdw. on pr. fm. 190 p. 11 x 10 x 
lJ/2- 1 V. not numbered, 1877-94, attic strm., 4th fl.; v. 2, 1895—, cir. 
clk.'s off., 1st fl. 

196. Judgments By Confession, Vacationand Term Time, 1923—, 
2 v. (1, 2). Title varies: Judgment by Confession, Vacation, 
v. 1, 1923-33. 1821-1922 in Court Record, entry 192. 

Record of judgments by confession, showing case number, names of 
plaintiff and defendant, declaration, date and amount of judgment, 
and court order. Arr. by date of judgment. Indexed alph. by nam© 



circuit Court — (197-201) 

Transcripts; Sockets 

Of plaintiff. Hdw. on pr. fm. 590 p. 18 x 12 x 2i',. Cir. clk.'s off., 
1st fl. 

197. Indictment Record, 1907-31. 6 v. (1-6). Missing 1917-19. 
Record of criminal indictments, showing case number, date of indict- 
ment, names of defendant, grand jurors, and attorneys, nature of 
charge, and findings of jury. Arr. by date of indictment. Indexed 
alph. by name of defendant. Typed. 590 p. 16 x 12 x 2V2. V. 1, 2, 
1907-15, common vlt., bsmt.; v. 3-6, 1916-31, cir. clk.'s off., 1st fl. 

For original indictments, see entry 191. 

TRANSCRIPTS 

198. Transcript From Justice of the Peace, 1877--. 5 v. (2-6). 
1821-76 in Court Record, entry 182. 

Transcript of judgments from justice of peace courts, showing date of 
court term, names of plaintiff, defendant, attorneys, and officers of 
court, nature of action, petitions, testimonies, and abstract of pro- 
ceedings. Arr. by date of court term. Indexed alph. by name of 
defendant. Hdw. on pr. fm. 300 p. 18 x 12 x 21/2- V. 2, 3, 1877-1913 
common vlt., bsmt.; v. 4-6, 1914—, cir. clk.'s off., 1st fl. 

199. Transcript of Judgment (Foreign Counties), 1924—. 1 v. (2) 
1821-1923 in Court Record, entry 192. 

Transcripts of judgments in cases heard in foreign counties, showing 
names of plaintiff, defendant, court, and attorneys, summary of case, 
fee book and page of entry, and date of filing. Arr. by date of filing 
Indexed alph. by name of defendant. Typed. 300 p. 18 x 12 x 21/2- 
Cir. clk.'s off., 1st fl. 

DOCKETS 

200. Clerk's Docket, 1837—. 72 v. Missing: 1851-56, 1865-81, 1909- 
33. 

Clerk's docket of common law, chancery, and criminal cases, showing 
names of plaintiff, defendant, judge, and attorneys, case number, 
nature of action, notations of court orders, and date of court term. 
Arr. by case no. No index. Hdw. under pr. hdgs. 200 - 300 p. 16 x 
12 x 2 - 14 X 12 x 3. 71 v., 1837-1908, attic strm., 4th fl.; 1 v., 1934--, 
cir. clk.'s off., 1st fl. 

201. Tran.sfer Docket, 1859-1933. 45 v. (B-Y, 1 not labeled. Y, 1 
not labeled, 2-10, 10, 12-19 1. Title varies: Judges' Docket, 
V. B-Y, 1 not labeled, Y, 1859-1907. 

Judges' docket of common law, chancery, and criminal cases, showing 
date of court term, names of plaintiff, defendant, attorneys, and 
judge, notations of previous proceedings, judge's orders, and abstract 
of proceedings. Also contains Transcript Docket. 1859-1925. entry 
212. Transfer Docket Common Law, entry 202, Transfer Docket Chan- 
cery, entry 203, and Transfer Docket Criminal, entry 204, subsequently 
kept separately. Arr. by date of court term. No index. Hdw. under 
pr. hdgs. 500 - 600 p. 18 x 12 x 3 - 14 x 12 x 5. V. B-Y, 1 not labeled. 
Y. 1859-1907, common vlt., bsmt.; 1 v. not labeled, v. 2-10. 10. 12-19, 
1908-33, cir. clk.'s off., 1st fl. 

— 147 — 



Circuit Court — (a02-208> 

Dockets 

202. Transfer Docket Common Law, 1934--. 1 v. 1859-1933 in 

Transfer Docket, entry 201. 
Judges' docket of clo-sed common law cases, showing case number, 
date of court term, names of plaintiff, defendant, attornej's, and 
judge, nature of action, abstract of proceedings, and date of disposi- 
tion. Arr. by date of disposition. No index. Hdw. under pr. hdgs. 
300 p. 14 X 12 X 3. Cir. clk.'s off., 1st fl. 

203. Transfer Docket Chancery, 1934--. 1 v. 1859-1933 in Trans- 
fer Docket, entry 201. 

Judges' docket of closed chancery cases, showing case number, date 
of court term, names of complainant, defendant, attorneys, and judge, 
nature of action, abstract of proceedings, and date of disposition. 
Arr. by date of disposition. No index. Hdw. under pr. hdgs. 300 p. 
14 X 12 X 3. Cir. clk.'s off., 1st fl. 

204. Transfer Docket Criminal, 1934--. 1 v. 1859-1933 in Transfer 
Docket, entry 201. 

Judges' docket of closed criminal cases, showing case number, date of 
court term, names of defendant, judge, and attorneys, nature of 
action, abstract of proceedings, and date of disposition. Arr. by date 
of disposition. No index. Hdw. under pr. hdgs. 300 p. 14 x 12 x 3. 
Cir. clk.'s off., 1st fl. 

205. Judges' Docket (Pending Cases), 1934--. 1 v. 

Judges' docket of pending common law, criminal, and chancery cases, 
showing case number, names oi plaintiff, defendant, judge, and at- 
torneys, nature of action, proceedings of previous term, and date of 
court term. Arr. by case no. No index. Hdw. under pr. hdgs. 300 p. 
14 X 12 X 3. Cir. clk.'s off., 1st fl. 

206. General Docket, 1884—. 5 v. (A, 1 not labeled, 1-3). 
Docket of all types of circuit court cases, showing case number, term 
date, names of plaintiff, defendant, and attorneys, type of action, and 
remarks. Also contains Grand Jury Docket. 1884-1912, entry 207. Arr. 
by case no. No index. Hdw. under pr. hdgs. 320 p. 18 x 12 x 3. V. A, 
1 not labeled, 1884-1908, attic strm., 4th fl.; v. 1-3, 1909—, cir. clk.'s 
off., 1st fl. 

207. Grand Jury Docket, 1913--. 1 v. (1). 1884-1912 in General 
Docket, entry 206. 

Docket of grand jury cases, showing date of hearing, case number, 
names of defendant and justice of peace, abstract of proceedings, and 
amount of costs. Arr. by date of hearing. Indexed alph. by name 
of defendant. Hdw. under pr. hdgs. 320 p. 15 x 12 x 2. Cir. clk.'s 
off., 1st fl. 

208. Judgment and Execution Docket, 1885—. 12 v. (1-12). 
Docket of judgments and executions, showing names of plaintiff and 
defendant, dates of judgment and execution, type of action, amount 
of judgment, sheriff's return, and notation of satisfaction. Judgment 
Docket, entry 209, and Execution Docket, entry 210, formerly kept 
separately. Arr. by date of judgment. Indexed alph. by name of 
defendant. Hdw. under pr. hdgs. 300 p. 16 x 12 x 21/2. Cir. clk.'s off., 
1st fl. 

— 148 — 



Circuit Court — (209-214) 

Fee Books 

209. Judgment Docket, 1822-84. 4 v. Missing: 1847-60. 1885— in 
Judgment and Execution Docket, entry 208. 

Docket of judgments entered, showing names of plaintiff and defend- 
ant, date, type of action, amount of debt, damages, and costs, and 
remarks. 1822-46, arr. by date of judgment; 1861-84, arr. alph. by 
name of defendant. 1822-46, indexed alph. by name of defendant; 
1861-84, no index. Hdw. under pr. hdgs. 100 p. 10 x 7 x 1. Common 
vlt.. 1st fl. 

210. Execution Docket, 1822-84. 7 v. 1885— in Judgment and 
Execution Docket, entry 208. 

Docket of executions issued, showing name of person against whom 
judgment is entered, date and amount of judgment, amount of costs, 
fee book and page of entry, and sheriff's return. Arr. by date of 
judgment. 1822-45, indexed alph. by name of defendant; 1846-84, no 
index. Hdw. 100 p. 10 x 7 x 1. Common vlt., 1st fl. 

211. Docket of Liens, 1888—. 2 v. (1 not numbered, 2). 

Docket of liens, showing names of plaintiff and defendant, nature, 
amount, and date of lien, description of property, and acknowledg- 
ment of satisfaction. Arr. by date of lien. Indexed alph. by name 
of defendant. Hdw. under pr. hdgs. 320 p. 18 x 12 x 2. Cir. clk.'s 
off., 1st fl. 

212. Transcript Docket, 1926--. 1 v. 1859-1925 in Transfer Dock- 
et, entry 201. 

Docket of cases appealed from justice of peace courts, showing date 
of hearing, transcript number, names of plaintiff, defendant, and 
attorneys, nature of case, and court orders. Arr. by date of hearing. 
Indexed alph. by name of defendant. Hdw. under pr. hdgs. 189 p. 
14 X 12 X 1. Cir. clk.'s off., 1st fl. 

213. Bar Docket, 1827-84. 28 v. Missing: 1828, 1829, 1831-36, 
1838, 1845-49, 1857-63, 1872, 1876. 

Calendar of common law, criminal, and chancery cases, showing names 
of plaintiff, defendant, and attorneys, nature of action, case number, 
and date set for hearing. Arr. by case no. No index. Hdw. under 
pr. hdgs. 100 - 200 p. 9 X 6 X V2 - 16 x 12 x 2. Attic strm., 4th fl. 

FEE BOOKS 

214. Chancery Fee Books, 1849—. 23 v. (B-N. 2, 1 not labeled. 
2-9). Title varies: Fee Books, v. B-N, 1849-78. 

Register of fees received in chancery cases, showing names of plaintiff 
and defendant, dates and amounts of fees and payment, and name of 
payer; includes witness fees in chancery cases, 1849-1925. Also con- 
tains Fee Book (Criminal), 1849-72, entry 215, including Transcript Fee 
Book, entry 217; Common Law Fee Books, 1849-73, entry 216. Arr. by 
date of initial fee. 1849-78, indexed alph. by names of plaintiff and 
defendant; 1879—, indexed alph. by name of plaintiff. Hdw. under 
pr. hdgs. 300-590 p. 14x10x2-17x11x3. V. B-N, 2, 1 not labeled, 
1849-98, attic strm., 4th fl.; v. 2-9, 1899—, cir. clk.'s off., 1st fl. 



Circuit Court — (215-220) 

Reports To Court 

215. Fee Book (Criminal), 1873—. 9 v. (O, U, 1873-92; 1 not label- 
ed. 1-6. 1873--). 1849-72 in Chancery Fee Book, entry 214. 
Register of fees received in criminal cases, showing name of defend- 
ant, date and amount of fee, and court term; includes witness fees in 
criminal cases, 1873-1925. Also contains Transcript Fee Book, 1879-84. 
entry 217. Arr. by date of initial fee. Indexed alph. by name of de- 
fendant. Hdw. under pr. hdgs. 296 p. 18 x 12 x 2. V. O, U, 1 not 
labeled, 1873-99, attic strm., 4th fl.; v. 1, 1900-1910, common vlt., bsmt.; 
V. 2-6, 1911—, cir. clk.'s off.. 1st fl. 

216. Common Law Fee Book.s, 1874--. 12 v. (P-T, 1 not labeled, 
2, 4, 6-9). 1849-73 in Chancery Fee Books, entry 214. 

Register of fees received in common law cases, showing date, case 
number, names of plaintiff and defendant, nature of case, amount of 
judgment, and itemized fees; includes witness fees in common law 
cases. 1874-1925. Arr. by date of initial fee. Indexed alph. by name 
of plaintiff. Hdw. under pr. hdgs. 590 p. 17 x 11 x 3. V. P-T, 1 not 
labeled, 1874-99, attic strm., 4th fl.; v. 2, 4, 6-9. 1900—. cir. clk.'s off.. 
1st fl. 

217. Transcript Fee Book, 1885--. 4 v. (1-4). 1849-78 in Chancery 
Fee Books, entry 214; 1879-84 in Fee Book (Criminal), entry 
215. 

Register of fees received in cases from justice of peace courts, show- 
ing names of plaintiff, defendant, and justice of peace, and itemized 
fees. Arr. by date of initial fee. Indexed alph. by name of defend- 
ant. Hdw. under pr. hdgs. 448 p. 18 x 12 x 2V2- Cir- clk.'s off., 1st fl. 

218. Witness and Alias Fees. 1926—. 1 v. (1). 

Register of witness fee receipts in common law, criminal, and chancery 
cases, showing names of plaintiff and defendant, date of receipt, 
amount of fees, and name of payer. Arr. by date of receipt. No 
index. Hdw. under pr. hdgs. 400 p. 15 x 11 x lU. Cir. clk.'s off., 
1st fl. 

For prior records of witness fees, see entries 214-216. 

REPORTS TO COURT 

219. Coroner's Verdicts, 1897—. 18 f. b. 
Coroner's original inquest papers, showing names of deceased, coroner, 
jurors, and witnesses, age, sex, residence, and occupation of deceased, 
case number, date and place of death, jury verdict, and dates of ver- 
dict and filing. Arr. by case no. No index. Hdw. on pr. fm. 10 x 
5 X 14. Cir. clk.'s private off., 1st fl. 

220. State's Attorney and Master's Reports, 1872--. 2 v. (1 not 
numbered, 1). 
Copies of reports of state's attorney and master in chancery, showing 
name of attorney or master, itemized receipts and disbursements, date 
of report, and balance available. Arr. by date of report. Indexed 
alph. by name of attorney or master. Hdw. and typed. 600 p. 18 x 
12 x 3. 1 V. not numbered, 1872-1915, common vlt., 1st fl.; v. 1, 1916—, 
cir. clk.'s off., 1st fl. 



Circuit Court — Bonds; (221-225| 

Naturalization; Office Transactions 

BONDS 

(See also entry 191) 

221. Officers' Bonds, 1911—. 1 f.b., 4 envelopes. 

Original bonds of master in chancery, receivers, trustees, and county 
treasurer, showing names of principal, sureties, and witnesses, amount 
and date of bond, book and page of record, and date of filing*. Arr. 
by date of filing. No index. Hdw. and typed on pr. fm. F.b. 10 x 
5 X 14; envelopes 5 x 10 x 5. 1 f.b., 1911-18, cir. clk.'s private off., 1st 
fl.; 4 envelopes, 1919--, cir. clk.'s off., 1st fl. 

222. Bond and Recognizance Record, 1872--. 5 v. (1 not num- 
bered, 1, 1-3). Title varies: Recognizance Record, 1 v. not 
numbered, 1, 1872-1928. 1821-71 in Court Record, entry 192. 

Copies of recognizance bonds, showing names of defendant and sure- 
ties, date, amount, and obligations of bond, dates of appearance and 
acknowledgment. Arr. by date of bond. Indexed alph. by name of 
defendant. Hdw. 500 p. 16 x 12 x 2. 1 v. not numbered, v. 1, 1872- 
1928, cir. clk.'s off., 1st fl.; v. 1-3, 1929—, common vlt., 1st fl. 

NATURALIZATION 
(See also entries 148-152) 

223. Naturalization Record, 1862—. 25 v. (A-D, 1-10, 11 not 
labeled). 

Copies of petitions for naturalization, showing date of petition, name, 
age, and nativity of alien, final oath of allegiance, and copy of court 
order granting citizenship. Arr. by date of petition. Indexed alph. by 
name of petitioner. 1862-1905, hdw. on pr. fm.; 1906--, typed on 
pr. fm. 600 p. 18 x 12 x 3. V. A-D, 1862-1905, common vlt., 1st fl.; 
V. 1-10, 11 not labeled, 1906--, cir. clk.'s off., 1st fl. 

OFFICE TRANSACTIONS 

Receipts and Expenditures 

224. Register of Fees and Expenditures, 1872--. 14 v. (4 not num- 
bered, 2-6, 11, 10, 12-14). Missing: 1908-20. 

Register of receipts and disbursements of court fees by circuit clerk, 
showing amount, date, and purpose of receipt or disbursement, and 
names of payer and payee. Arr. by date of transaction. No index. 
Hdw. under pr. hdgs. 200 p. 16 x 10 x 11/2- 4 v. not numbered, v. 2-6. 
1872-1905, attic strm., 4th fl.; v. 11, 1906-30, common vlt., bsmt.; v. 10, 
12-14, 1931—, cir. clk.'s off., 1st fl. 

225. Receipt Record, 1921-36. 1 v. 
Duplicate receipts for witness fees paid in common law, chancery, and 
criminal cases, showing names of witness, plaintiff, defendant, and 
payer, date and amount of payment, and book and page of court 
record. Arr. by date of payment. Indexed alph. by name of payer. 
Typed. 300 p. 17 x 12 x 2. Cir. clk.'s off., 1st fl. 

— 151 — 



Circuit Court — . (2a6) 

Office Transactions 

Court Business 

226. Receipts For Court Papers, 1877—. 5 v. (1-4, 1 not num- 
bered). Missing: 1878-1904. 
Attorneys' receipts for court papers, showing title of case, dates of 
receipt and return, and attorney's signature. Arr. alpli. by name of 
attorney. No index. Hdw. on pr. fm. 250 p. 13 x 8 x 1^2- V. 1, 1877, 
attic strm., 4th fl; v. 2-4. 1 not numbered, 1905--, cir. clk.'s off., 
1st fl 



—152— 



(Wext entry, p. 154) 

VII. SHERIFF 

The sheriff, by constitutional provision, has been an elected officer 
in Montgomery County from the organization of the county in 1821 
to the present.' The term of his office, originally set at two years,' is 
now four years.' In 1880 it was provided, by constitutional amend- 
ment, that no person elected to the office of sheriff should be eUgible 
for reelection to that office until four years after the expiration of 
his term of office.' His bond in this county is required in the sum of 
$10,000 and must be approved by the county judge.' Memoranda of 
this bond are entered at large upon the records of the county court, 
and the bond is filed in the office of the county clerk." One or more 
deputies are appointed by the sheriff in accordance with the number 
allowed by rule of the circuit court. Compensation of the deputies 
is determined by the county board.' The sheriff is warden of the 
county jail and has custody and regulation of the same and of all 
prisoners.' To assist him in this administration, he appoints a super- 
intendent of the county jail for whose conduct he is responsible, and 
whom he may remove at pleasure.^ 

Essentially without change for over one hundred years, the prin- 
cipal duties of the sheriff are the following: 

1. To act as conservator of the peace, with power to arrest 
offenders on view.'" 

2. To attend, in person or by deputy, all courts of record 
(city, county, probate, circuit, and appellate courts) in 
his county, and to obey the orders and directions of the 
courts." 

3. To serve, execute, and return all writs, warrants, pro- 
cess, orders, and decrees legally directed to him.'' 



1. Constitution of 1818. Art. III. sec. 11; Constitution of 1848, Art. VIT, sec. 
7; Constitution of 1870, Art. X, sec. 8; second amendment November 22, 
1880, to the Constitution of 1870, Art. X, sec. 8; also L. 1819, p. 110; B. S. 
1874, p. 989. 

2. Constitution of 1818, Art. Ill, sec. 11; Constitution of 1848. Art. VIT, sec. 7. 
n. Constitution .of 1870, Art. X, sec. 8. 

4. Ibid.. Art. X, sec. 8, as amended November, 1880. 

5. R. S. 1874, p. 990. Cf. R. I.. 1827, p. 371. Prior to the organization of the 
county court, the sheriffs bond and securities were approved by the circuit 
court. 

6. R. S. 1845, p. 514; R. S. 1874, p. 989. 

7. R.I..1827, p. 373; R. S. 1845, p. 515; L. 1869, p. 399. Constitution of 1870, 
Art. X, sec. 9. 

8. L. 1819, p. Ill, 112, 160-62, 314-17. 332, 333; I.. 1821, p. 37, 63, 64; R. I>. 1827, 
p. 247-50 ;Ii. 1831, p. 103, 104, 106 ; R. Ii. 1833, p. 574, 575; !■. 1845, p. 10, 19; 
R. S. 1845, p. 133, 134, 515-17; R. S. 1874, p. 616, 989-91; !•. 1901, p. 137, 138; 
I,. 1923, p. 423. The citations also include reference to duties not included 
in tile general outline noted above. 

9. I,. 1923, p. 423. 

10. R. I.. 1827, p. 372; R. S. 1845, p. 515; R. S. 1874, p. 990. 

11. Ibid. 

12. Ibid. 

— 153 — 



Sb«riff — (227, 228) 

ProcCMB 

4. To sell real or personal property by virtue of execution 
or other process." 

5. To send fingerprints of criminals to the State Bureau of 
Criminal Identification and Investigation.'' 

In the course of the sheriff's many detailed duties included in 
these broad provisions, the following records may be kept but do not 
appear in Montgomery County: 

1. Receipts of deliveries of prisoners in changes of venue." 

2. Copies of reports to the county court and circuit court." 

3. Reports of pawnbrokers on loans and articles pawned." 
The following records may be kept and do appear: 

1. Register of prisoners." 

2. Docket of executions. 

3. "Books of Accounts," including records of fees and dis- 
bursements.'" 

4. Process docket. 

5. Data of identification of criminals and stolen prop- 
erty.^" 



PROCESS 

227. Sheriff's Process Docket, 1884—. 13 v. (2-10, 4 not num- 
bered). 

Docket of process service, showing case number, names of plaintiff, 
defendant, and court of issue, kind of action, dates of issuance, ser- 
vice, and return, and amount of sheriff's fee. Arr. by date of issuance. 
No index. Hdw. under pr. hdgs. 300 p. 14 x 9 x 2. V. 2-10, 3 not 
numbered, 1884-1930, common vlt., bsmt.; 1 v. not numbered, 1931--, 
sh.'s off., 1st fl. 

228. Sheriff's Execution Docket, 1884--. 2 v. (3, 4). 

Docket of executions served by sheriff, showing case number, names 
of sheriff, plaintiff, and defendant, date and amount of judgment, 
date of execution, itemized list of costs and fees, sheriff's return on 
execution, and date of return. Arr. by date of execution. Indexed 
alph. by names of plaintiff and defendant. Hdw. under pr. hdgs. 
225 p. 16 X 10 X 2. V. 3, 1884-1918, common vlt., bsmt.; v. 4, 1919—, 
sh.'s off., 1st fl. 



13. B. i;. 1827, p. 334; 1^.1838-39, p. 14-18, 20 ;R. S. 1845, p.302, 306, 307 ; I.. 1871- 
72, p. 505; S. S. 1874, p. 622, 623, 627-29. 

14. I.. 1931, p. 465. 

15. K. S. 1874, p. 1096. 

16. Ibid., p. 617; I.. 1983, p. 424; Zi. 1933, p. 678. 

17. Z;. 1909, p. 301. 

IS. B. S. 1874, p. 617; !•. 1933, p. 424. 

19. 1.1871-72, p. 450, 451; Z.. 1873-74, p. 104, 105. 

20. X.. 1931, p. 465. 

— 154— 



Slrerlff — Jail Records; (a29-332> 

Fees, Receipts and Sxpendltures 

JAIL RECORDS 

229. Jail Calendar, 1877—. 2 v. (A, B). 

Register of prisoners committed to county jail, showing name, age, 
personal description, and address of prisoner, nature of charge, dates 
of commitment and discharge, and manner of dischailge. Arr. by 
date of commitment. No index. Hdw. under pr. hdgs. 150 p. 18 x 
12 X 11/2 Deputy sh.'s off., 1st fl., co. jail. 

230. (Sheriff's Files), 1938—. 2 f.b. 

Current papers filed with sheriff, including search warrants, sum- 
monses, executions, certificates of levy, warrants for arrest, photo- 
graphs of men wanted, fingerprint sets, and identification cards. No 
obvious arr. No index. Hdw. and typed on pr. fm. and printed. 10 x 
3 x 16. Sh.'s off., 1st fl. 

FEES, RECEIPTS AND EXPENDITURES 

231. Miscellaneous Records (Fees for Conveyance to State Institu- 
tions), 1918—. 1 V. (2). 

Register of fees earned and received by sheriff for conveyance of 
criminals, dependents, and delinquents to state institutions, showing 
date of commitment, type of service, amount of earnings, date of re- 
ceipt, and source of payment. Also contains Jail Register of Prisoners 
(Register of Commitment and Discharge Fees), 1925—, entry 232. Arr. 
by date of commitment. No index. Hdw. under pr. hdgs. 370 p. 
17 X 11 X 1. Sh.'s off., 1st fl. 

232. Jail Register of Prisoners (Register of Commitment and Dis- 
charge Fees), 1894-1924. 1 v. 1925— in Miscellaneous Rec- 
ords (Fees for Conveyance to State Institutions), entry 231. 

Register of fees received by sheriff for commitment and discharge of 
county prisoners, showing name of prisoner, dates of commitment and 
discharge, amount of earned fee, date and amount of receipt, and re- 
marks. Arr. by date of commitment. No index. Hdw. under pr. 
hdgs. 200 p. 18 X 12 X IVa- Deputy sh.'s off., 1st fl., co. jail. 



•155 — 



(Kext entry, p. 157) 

VIII. CORONER 

The coroners office in Montgomery County has continued in exist- 
ence from the organization of the county in 1821 to the present.' The 
coroner is elected by the county electorate for a four-year term.' 
After certification of his election by the county clerk, filing of his 
bond, and taking oath of office, he receives his commission from the 
Governor.' The coroner's bond in this county is required in the sum 
of $5,000 and must be approved by the county judge.' The inquest 
duties of this official have changed little over a period of more than 
a century. The coroner acts as a conservator of the peace with powers 
equal to those of the sheriff in this respect and serves as a minis- 
terial officer of the courts in the absence or disqualification of the 
sheriff; he also performs all other duties of the latter when the office 
is vacant.'' 

The most important function of the coroner is to hold inquests 
over the bodies of persons supposed to have come to their death by 
violence, casualty, or other undue means. When notification of such 
death is received, the coroner proceeds to the body, takes charge of it, 
and summons a jury composed of six men from the vicinity in which 
the body was found. The jury is instructed to assemble at a stated 
time and place to view the body and to inquire into the cause and 
manner of the death. If the inquest is continued and a vacan'cy 
should occur on the jury, the coroner is allowed to fill such vacancy.* 

To the custody of the clerk of the circuit court are returned the 
verdict of the jury and such recognizances as may be given the cor- 
oner by witnesses whose testimony implicates any person as the un- 
lawful slayer of the deceased.' In his own office the coroner files 
and preserves the record of such testimony." The coroner also keeps 
one record which he originates, the "inquest record." This record 
recapitulates all the data involved in the entire inquest procedure 
and includes an inventory and accounting of the personal property 
and money of the deceased.' 

Deputy coroners appointed by this official assist him in the per- 
formance of the duties of his office. The number of deputies is set 
by rule of the circuit court, and their compensation is determined by 
the county board of supervisors. The bonds or securities of these 



1. Constitution of 1818, Art. Ill, sec. 11; Xi. 1849, Second Sess., p. 7; Constitu- 
tion of 1870. Art. X, sec. 8. 

2. The office is constitutional and elective (Constitution of 1818, Art. III. 
sec. 11; Constitution of 1870. Art. X. sec. 8). The term, formerly two 
years, is now four years (second amendment, November 22, 1880, to 
Constitution of 1870, Art. X, sec. 8). 

.-{. R. S. 1845, p. .514; R. S. 1874, p. 281. 

4. R. S. 1874, p. 281. 

5. L. 1819, p. 111,160; I.. 1821, p. 20-23; I.. 1825, p. 63, 64; R. I.. 1827, p. 246-50, 
;572, 373, 375; R. S. 1845, p. 515, 517; R. S. 1874, p. 281, 282. 

6. Z.. 1821, p. 22-24: R. S. 1845, p. 517, 518; R. S. 1874, p. 282-84; I.. 1879, p. 82; 
li. 1907, p. 213; Ii. 1919, p. 403; I,. 1931, p. 388. 

7. L. 1821, p. 24, 25; R. S. 1845, p. 518; R. S. 1874, p. 284. 

8. i;. 1869, p. 104; R. S. 1874, p. 2S3; I.. 1907, p. 213: Z.. 1919, p. 293. 
0. Z.. 1821, p. 25, 26; R. S. 1874, p. 283. 

- —156— 



Coroner — (233-235) 

assistants are taken by the coroner, and the oath to which each 
subscribes is filed in the county clerk's office.'" 

233. Coroner's Records, 1923—. 2 v. 

Record of coroner's inquests, showing names of deceased, coroner, 
jurors, and witnesses, date and place of death, personal description, 
age, sex, occupation, and last residence of deceased, minutes of pro- 
ceedings, verdict of jury, inventory and disposition of personal effects, 
and date of inquest. Arr. by date of inquest. Indexed alph. by name 
of deceased. Hdw. and hdw. under pr. hdgs. 304 p. 18 x 12 x 2. Cor.'s 
off., 1st fl., 930 South Oak Street, Hillsboro. 

For coroner's original inquest papers, see entry 219. 

234. Coroner's Register of Deaths, 1924—. 2 v. (1, 2). 

Register of deaths reported to coroner, showing name, sex, nativity, 
color, occupation, and residence of deceased, date, place, and cause 
of death, names of nearest relatives, coroner, and informant, signature 
of registrar, and date of registration. Arr. by date of registration. 
Indexed alph. by name of deceased. Hdw. under pr. hdgte. 260 p. 
17 X 9 X 2. Common vlt., 1st fl. 

235. Coroner's Jury Certificates, 1930—. 17 v. Missing: 1931-34. 
Stub record of coroner's jury certificates, showing number, date, and 
amount of certificate, and names of jurors and deceased. Arr. by 
certificate no. No index. Hdw. on pr. fm. 350 p. 2V2 x 3 x 1/2- Cor.'s 
off., 1st fl., 930 South Oak Street, Hillsboro. 



10. Constitution of 1S70, Art. X, sec. 9; 1^.1881, p. 63. 



—167 — 



(Kext entry, p. 159) 

IX. STATE'S ATTORNEY 

The functions of the office of state's attorney in Montgomery 
County were performed by a circuit attorney from the time of the 
organization of the county in 1821 to 1827 when he was replaced by 
an officer "styled and called slate's attorney.'" In Montgomery 
County, as in each of the counties of the judicial district, this officer 
commenced and prosecuted in courts of record all actions in which 
tlie people of the state or county were concerned.' The state's attor- 
ney was appointed by the Governor until 1835, when he became an 
appointee of the General Assembly.' This latter provision remained 
effective until 1848, when the state's attorney became an elected 
officer of the circuit district electorate.' At this time his services also 
were expanded to include the newly created county court. Finally, 
the present constitution made the office elective in and for each 
county.' Bond in the sum of $5,000 has been required since 1872." 
From the creation of this office in the state until the present, the 
state's attorney has continued to receive his commission from the 
Governor for the tenure of his office.' In 1827 his appointment was 
set at a four-year term* until 1835, when he was appointed by the 
Assembly for a two-year term." Then, in 1849 the state's attorney's 
office became elective by the district electorate for a four-year term, 
the first term, however, being only for three years and endiafe in 
1852." In Montgomery County the state's attorney receives an annual 
salary of $4,500 with an additional $400 paid by the state. Statutory 
fee rates are allowed him for convictions on specified offenses and 
crimes before justices of the peace, police magistrates, and county and 
circuit courts. Also, rates are established for preliminary examina- 
tions of defendants, for attendance at trials, and for appeals. These 
several fees and rates make the up a county fund from which is paid 
his salary." 

The duties of the state's attorney are the following: 

1. To commence and prosecute all actions, suits, indict- 
ments, and prosecutions, civil or criminal, in any court 
of record in his county, in which the people of the state 
or county may be concerned. 

2. To prosecute all forfeited bonds and recognizances and 
all actions and proceedings for the recovery of debts, 
revenues, moneys, fines, penalties, and forfeitures accru- 
ing to the state or his county, or to any school district 



1. Z;. 1819, p. 214: Z.. 1825, p. 178. 179; R. L. 1827, p. 7i>, 80. 

2. L. 1835, p. 44; R. S. 1845, p. 76. 
?,. Ii. 1835, p. 44. 

4. Con.stituiion of 1848, Art. V, sec. 21. 

.5. Constitution of 1870. Art. VI, sec. 22; R. S. 1874, p. 172. 

r,. L. 1871-72, p. 189. 

7. R.Z..1833 p. 9S; Z;. 1835, p. 44; Constitution of 1848, Art. V, sec. 28; Con- 
stitution of 1870, Art. VI, .sec. 22; R.S. 1874, p. 172. 

8. R. I.. 1827, p. 79, 80. 

9. L. 1835, p. 44. 

10. Constitution of 1848, Art. V, sec. 21; Constitution of 1870, Art. VI, sec. 22. 

11. I.. 1871-72, p. 422; I.. 1873-74, p. 104. 105; !•. 1909, p. 231-33; B. 1929, p. 474-76; 
I.. 1937, p. 607. 

— 158 — 



state's Attorney — (236) 

in his county; also to prosecute all suits in his county 
against railroads or transportation companies, which 
may be prosecuted in the name of the pejople of the 
State of Illinois. 

3. To commence and prosecute all actions and proceedings 
brought up by any county officer in his official capacity. 

4. To defend all actions and proceedings brought against 
his county or against any county or state officer, in his 
official capacity, in his county. 

5. To attend the examination of all persons brought be- 
fore any judge on habeas corpus when the prosecution 
is in his county. 

6. To attend before justices of the peace and prosecute 
charges of felony or misdemeanor for which the of- 
fender is required to be recognized and to appear be- 
fore a court of record when it is within his power to 
do so. 

7. To give his opinion, without fee or reward, to any 
county officer or justice of the peace in his county upon 
any question of law relating to any criminal or other 
matter in which the people of the state or county may 
be concerned. 

8. To assist the Attorney General whenever it may be nec- 
essary, and in cases of appeal or writ of error from his 
county to the Supreme Court, to which it is the duty of 
the Attorney General to attend, he shall, a reasonable 
time before the trial of such appeal or writ of error, 
furnish the Attorney General with a brief showing the 
nature of the case and the question involved. 

9. To pay all moneys received by him in trust, without 
delay, to the officer who by law is entitled to their cus- 
tody. 

10. To perform such other and further duties as may from 
time to time be enjoined upon him by law. 

11. To appear in all proceedings by collectors of taxes 
against delinquent taxpayers for judgment to sell real 
estate, and to see that all the necessary preliminary 
steps have been legally taken to make the judgement 
legal and binding.'' 

12. To enforce the collection of all fines, lorfeitures. and 
penalties imposed or incurred in the courts of record in 
his county; and to report to the circuit court on the 
collection of these moneys." 

For reports of state's attorney, see entries 144, 220. 

236. Index to Files, 1920--. 4 f.b. (2 not labeled, civil; 2 not la- 
beled, criminal). 
Card index to Civil (Papers), entry 237, and Criminal (Papers), entry 
238, showing case number, names of plaintiff and defendant, and 



12. R. S. 1345, p. 76; B. S. 1874, p. 172. 

i:!. I.. 1909, p. 406: I.. 1911-12, p. SS; I.. 1929, p. 475. 

— 159 — 



state's Attorney — (337, 338) 

date of final disposition of case. Arr. alph. by names of plaintiff and 
defendant. Typed. 3 x 5 x 12. Off. of state's atty., 2nd fl, 

237. Civil (Papers), 1920—. 3 f.b. 

Files of civil case papers, showing case number, names of plaintiff 
and defendant, nature of case, date and proceedings of case, and court 
orders. Arr. alph. by name of defendant. For index, see entry 236. 
Typed. 12 x 15 x 24. Off. of state's atty., 2nd fl. 

238. Criminal (Papers), 1920—. 4 f.b. 

Files of criminal case papers, showing case number, names of defend- 
ant, witnesses, and complainant, type of crime, date and proceedings 
of trial, and court orders Arr. alph. by name of defendant. For 
index, see entry 236. Hdw. and typed. 12 x 15 x 24. Off. of state's 
atty., 2nd fl. 



(««Kt entry, p. 162) 

X. SUPERVISOR OF ASSESSMENTS 

The county supervisor of assessments, with the aid of the town- 
ship assessors, in Montgomery County, is responsible for the assess- 
ment of property upon which the township, district, county, state, and 
other taxes are levied. Principally, these officers annually revise the 
assessment of property, correct the same upon complaint, and quad- 
rennially assess real and personal property.' Many statutory pro- 
visions have regulated this function in Montgomery County. Early 
laws fixed the value of the several categories of real and personal 
property, leaving the assessing officer only limited discretion." 

Property assessments in Montgomery County were first made by 
the county treasurer, an appointee of the county commissioners' 
court.' From 1825 to 1827, when the sheriff acted as treasurer,' a 
county assessor was appointed by the county commissioners' court.' 
In 1827 the General Assembly reestablished the office of county treas- 
urer, and the assessment function was resumed by that officer.* The 
treasurer continued to act in this capacity until 1839 when the legis- 
lature provided for the appointment by the county commissioners' 
court of district assessors." The duty of property assessment reverted 
to the county treasurer again in 1844' and continued to be vested in 
that office until 1873 when Montgomery County instituted township 
organization, and assessments were made by township assessors, 
elected one in each township annually." 

Between 1849 and 1898, the assessing officers in Montgomery 
County received their assessment lists from, and reported assessments 
to, the county clerk.'" In the latter years, the legislature provided 
that the county treasurer should be ex-Officio supervisor of assess- 
ments." Prom that date until the present, the township assessors 
have worked under the direction of, and reported the assessment of 
property to, the county treasurer, acting in this ex-officio capacity. 
Every township assessor is bonded in the sum of $500. Bond for the 
supervisor of assessments is $2,000 or such larger sum as the county 
board may determine." 

For other taxation records, see entries 3, 25-44, 85[i,x], 230, 240- 
253, 268, 269, 281, 286, 314, 315. 



1. 1871-73, 20-22; Ii. 1879, p. 243; Ii. 1881, p. 134; I.. 1891, p. 37; Ii. 1898, p. 36, 
37,40,44; Xi. 1903, p. 295, 296; !•. 1923, p. 491, 492, 504, 505 : Xi. 1937, p. 713, 
714; I,. 1928, Sp. Sess. p. 106; !■. 1931-32, First Sp. Sess.p. 66. 

2. I^. 1819, p. 313, 319; I.. 1825, p. 173; X,. 1839, p. 4-6; !•. 1840, p. 4; Im. 1845, p. 6. 

3. 1^.1819, p. 315. 

4. !•. 1825, p. 178. 

5. Ibid., p. 173. 

6. R. Z;. 1827, p. 330. 

7. J.. 1839, p. 4. 

8. I.. 1843, p. 231, 237. 

9. Ii. 1849, p. 192. 206. 207; !•. 1851, p. 38, 54-57; !•. 1853, p. 14. 15: Ii. 1855. p. 35, 
37; Xi. 1871-72, p. 20-24. 

10. Xi. 1849, p. 121, 128; Xi. 1849, Second Sess., p. 38; Xi. 1853, p. 14, 17, 47, 49, 50; 
Xi. 1871-73, p. 19. 20. 22, 23. 

11. Xi. 1898, p. 37. 

12. 1^.1898, p. 37-39; Xi. 1933, p. 493, 494; Xi. 1927, p. 743. 744; t. 1931-32. First 
Sp. Sess., p. 66. 

— 1«1— 



SvpervlaoT of Aasassments (239) 

239. Original (Personal Property Schedules), 1930--. 7 bins, 
41 f.b. 
Original personal property tax schedules, showing names of taxpayer 
and township, school district number, signatures of property owner 
and assessor, property valuation, tax rate, and date of schedule. Arr. 
by date of schedule. No index. Hdw. on pr. fm. Bins 28 x 26 x 20; 
f.b. 10 X 5 X 15. 7 bins, 1930-1936, common vlt.. bsmt.; 41 f.b., 1937—, 
treas.'s off., 1st fl. 



— 163 — 



(Next entry, p. X64) 

XI. BOARD OF REVIEW 

An important aspect of the revenue procedure is the authority 
exercised by the board of review to assess, equalize, and review or 
revise the assessment of property.' Eai'ly legislation provided for ap- 
peals from assessments to the county commissioners' court. The court 
was empowered to review and revise assessments on real and personal 
property .- 

In 1849, when the county court succeeded the county commis- 
sioners' court in Montgomery County, appeals were made to that 
body.' When township organization was instituted in 1873 this juris- 
diction was given to the town board composed of the township super- 
visor, clerk, and assessor.' The board of supervisors in their annual 
meeting examined the assessment rolls in the several towns to ascer- 
tain whether the valuations in one town bore just relation to the valu- 
ations in all other towns in the county, and were empowered to in- 
crease or diminish the aggregate valuation of real estate in any town 
accordingly. They could make whatever alterations in the descrip- 
tion of the lands of nonresidents they deemed necessary, and were 
required to assess the value of any lands omitted by the assessor.' 
In 1873 the duties of the board of supervisors with regard to assess- 
ments were the following: 

1. To assess omitted property. 

2. To review assessments upon complaint. 

3. To hear and determine the application of any person 
assessed on property claimed to be exempt from taxa- 
tion. 

4. To ascertain whether the valuation in one town or dis- 
trict bore just relation to the valuation in all towns or 
districts in the county and adjust the assessment.'' 

In 1898 this authority was transferred to the newly created board 
of review, composed of the chairman of the county board who became 
ex-officio chairman of the board of review, the county clerk, and one 
citizen appointed by the county judge.' Since 1923 the board has con- 
sisted of the chairman of the county board as ex-ofRcio chairman of 
the board of review, and two citizens appointed by the county judge. 
The members of the board select their own clerk. The two citizen 
members are appointed alternately for a two-year term.' 

Today, the board of review in Montgomery County is required to 
assess taxable property omitted from the reg\ilar assessment, to re- 
view and correct assessments on property claimed to be incorrectly 
assessed, to increase or reduce the entire assessment if, in their opin- 



I.. 1898, p. 46-49; B. 1915, p. 566-70; I^. 1919, p. 727; L. 1923, p. 49G-502; L. 

1930, Sp. Sess., p. 85-90; I.. 1931-32, First Sp. Sess., p. 70, 71, 75-78;!.. 1935, 

p. 1163-66. 

L. 1839, p. 7; J.. 1843, p. 237; t. 1845, p. 8; B. S. 1845, p. 441. 

i;. 1849, p. 63. 

£.1851, p. 56; 1.1871-72, p. 22. 

Im. 1851, p. 57, 58; I.. 1871-72, p. 24, 25. 

I.. 1871-72, p. 24. 25. 

I.. 1898, p. 46. 

Z.. 1923, p. 496, 497; I.. 1931-32, First Sp. Sess., p. 71, 72. 

— 163 — 



Bo«rd of X«Tlev (340) 

ion, it has not been made upon the proper basis, to hear and deter- 
mine the application of any person assessed on property claimed to 
be exempt from taxation, and to correct errors or mistakes, except 
errors of judgment as to the valuation of any property any time 
before judgment.* 

For certificates of appointment of members of board of review, 
see entry 85[iv]; for other taxation records, see entries 3, 25-44, 85[i,x], 
230, 239, 241-253, 268, 269, 281, 286, 314, 315. 

240. Complaint Docket Board of Review, 1899—. 10 v. (1-5, 5-9). 
Docket of tax complaints, showing date and number of complaint, 
name of complainant, section, township, and range numbers, assessed 
value, cause for complaint, and findings and orders of board. Arr. by 
date of complaint. Hdw. under pr. hdgs. 300 p. 18 x 12 x 3. V. 1-5, 
5, 6, 1899-1929, small vlt., bsmt.; v. 7-9, 1930—, co. clk.'s off., 1st fl. 



9. ];.1898, p. 46-49; 1^.1915, p. 566-70; i;. 1919, p. 727; X;. 1923, p. 496-502; 
Z;. 1930, Sp. Sess., p. 85-90; t. 1931-38, First Sp. Sess., p. 70, 71. 75-78; 
I.. 1935, p. 1163-66. 



— 164 — 



(Kezt entry, p. 166) 

XII. COLLECTOR 

In Montgomery County tax collections were first made by the 
sheriff, acting as ex-ofRcio county collector.' With the exception of 
four years, 1839 to 1843, when there existed a separate office of county 
collector filled by appointment by the county commissioners' court,' 
the sheriff continued to act in this capacity until 1873; in that year 
Montgomery instituted township organization. With this change in 
the form of county government, tax collections were made the joint 
responsibility of the townships and the county, with the county treas- 
urer acting as ex-officio county collector.' 

Under this plan, town collectors, elected one in each township,' 
made collections of resident property taxes,' while nonresident and 
delinquent taxes were collected by the county treasurer." By the 
terms of an act of 1855, the town collectors were required to return 
their tax lists or books to the county collector who delivered them 
to the county clerk.' This provision was changed in 1872 when an 
act of the General Assembly provided that the county collector make 
an annual sworn statement to the county clerk, showing the total 
amount of each kind of tax collected, the amount received from each 
town collector, and the amount collected by himself." 

The collection procedure in Montgomery County was altered in 
1917 when the legislature provided for the abolishment of the office 
of town collector in counties with fewer than one hundred thousand 
inhabitants, the county collector to be ex-officio town collector in 
such counties." As Montgomery County never attained this popula- 
tion minimum,'" the county collector has continued to make collections 
for the townships as well as for the county." 

The county collector is bonded in an amount determined upon by 
the county board in addition to that bond required of him as county 
treasurer." Under statutory provisions, he collects taxes for the state, 
county, and other governmental agencies, and pays to the proper 
authorities the amount in his hands payable to them.'' He also settles 

1. 1.1819, p. ?.16; Ii. 1821, p. 100; !■. 1823, p. 80; K. I.. 1827, p. 370, .-J? 4. 

2. Ii. 1838-39, p. 7; i;. 1843, p. 234; I.. 1853, p. 99. 

3. i;. 1851, p. 38. 59-64; 1.. 1853, p. 07. 

4. It. 1851, p. 38. 

5. Ibid., p. 59. 

6. Ibid., p. 53. 

7. L. 1855, p. 37. 

8. Ii. 1871-72, p. 56, 57; L. 1873-74, p. 56; I.. 1930, Sp. Sess., p. 66, t)7; I.. 1931, 
p. 756; Ii. 1931-32, First Sp. Sess., p. 112; i. 1933, p. 873, 921 ; I.. 1933-34, 
Third Sp. Sess., p. 220;Ii, 1935, p. 1156, 1213; L. 1935-36, Fourth Sp. Se.ss., 
p. 69, 70. 

9. I.. 1917, p. 793. 

10. The population of Montgomery County was 35,311 in 1910; 41,403 in 1920, 
and 35,278 in 1930 (Population BnUetln, Illinois, p. 28). 

11. I.. 1925, p. 605; Ii. 1929, p. 774, 775; I.. 1931, p. 905-8; I.. 1933, p. 1115, 1116. 

12. I.. 1871-72, p. 36; I., 1931, p. 748; I.. 1931-32, First Sp. Sess., p. 85, SG; 
t. 1933-34, Third Sp. Sess., p. 225, 226. 

13. L. 1871-72, p. 56-59; I.. 1933, p. 922; Xi. 1935, p. 1156, 1213; Ii. 1935-36, Fourth 
Si). SfSS., p. 09, 70. 



-165- 



Collector — (841-243) 

Collection, Settelmeat 

annually with the county board." He prepares an annual list of delin- 
quent property and files it with the county clerk;' advertises his 
intention of applying for judgment for sale of delinquent lands and 
lots;"' and is required to attend, in person or by deputy, all tax sales 
resulting from this action." The county clerk, in person or by deputy, 
is also required to attend all tax sales." At such sales, the clerk and 
collector note and make entry of all tax sales and forfeitures to the 
state.''' 

The county collector is required to keep his records as collector 
of taxes separate from his records as county treasurer."' The records 
of the collector's oftlce include duplicates of receipts issued to tax- 
payers, state auditor's and county clerk's certificates of the collector'3 
settlement with them, duplicates of the collector's reports, delinquent 
property records, and tax sale and forfeiture records. 

For other taxation records, see entries 3, 25-44, 85ri,x], 230, 239, 
240, 268, 269, 281, 286, 314, 315. 

COLLECTION, SETTLEMENT 

241. Tax Receipts, 1923—. 5 bins, 11 f.b. 

Duplicate real and personal property tax receipts, showing name of 
payer, description of property, date and amount of tax payment, book 
and page of collector's book, total tax, and cost. Afr. by date of 
payment. No index. Hdw. on pr. fm. Bins 28 x 26 x 20; f.b. 10 x 5 
X 15. 5 bins, 1923-34, common vlt., bsmt.; 11 f.b., 1935—, treas.'s off.. 
1st fl. 

242. Receipts, 1933—. 1 f.b. 

County collector's receipts from supervisors and township school 
treasurers, showing date and amount of payment, names of township 
and credited fund, and signature of payee. Arr. by date of receipt. 
No index. Hdw. on pr. fm. 10 x 5 x 15. Treas.'s off., 1st fl. 

243. County Collector's Settlement With Town Officers, 1874—. 
10 V. (2 not numbered, 4-11). Missing: 1888-1901. 

County collector's record of taxes collected from each township, show- 
ing date of statement, name of township, amount to be accounted for 
in each township, amounts and types of tax receipts, and total receipts; 
includes county collector's record of settlements with township col- 
lectors, 1874-1918. Arr. by date of statement. No index. Hdw. on 
pr. fm. 222 - 600 p. 19 x 12 x 2 - 17 x 11 x 4. 2 v. not numbered, 
1874-87, attic strm., 4th fl.; v. 4-11, 1902—, treas.'s off., 1st fl. 



14. Ii. 1871-72, p. 55; I.. 1935, p. 1155, 1156. 
)5. 1^.1898, p. 51; L. 1931, p. 759. 

1«. I..1871-72, p. 44; Ii. 1937, p. 1010. 

17. L. 1871-72, p. 4S; I,. 1930, Sp. Sess., p. 64. 

15. 1.1871-72, p. 48. 

19. Tbitl.; L. 1933, p. 8S6. 

•iO. L. 1917, p. C64, 6C5; Z.. 1930, Sp. Sess., p. 60-62; I.. 1935, p. l]40-:i8. 

— 166 — 



Collector — (244-351) 

SellnqTient Tax, Abatement 

244. County Collector's Statement of School Taxes, 1879--. 6 v. 
(2 not numbered, 2-5). 

Collector's account with school treasurers, showing name of township, 
school district, township and range numbers, amounts to be accounted 
for, collected from each district, and actually accounted for, amount 
and date of payment to school treasurer, collector's receipt, and sig- 
nature of school treasurer. Arr. by date of payment. No index. 
Hdw. on pr. fm. 370 p. 17 x 11 x 2. 2 v. not numbered, 1879-93, attic 
strm., 4th fl.; v. 2-5, 1894—, treas.'s off., 1st fl. 

245. (Abstracts), State - County - Bond Tax, 1910—. 1 v. 
Abstracts of footings of tax books, showing name of township, date of 
abstract, footing of each column, and grand total of footings. Arr. by 
date of abstract. No index. Hdw. 200 p. 12 x 10 x 2. Treas.'s off., 
1st fl. 

246. Tax Collected After Settlement, 1922--. 3 v. 

Statement of tax collections subsequent to collector's settlement and 
prior to tax sale, showing name of property owner, legal description 
and value of property, date, amount, and type of tax, and date of 
statement. Arr. by date of statement. No index. Hdw. under pr. 
hdgs. 300 p. 17 X 11 x 2. Treas.'s off., 1st fl. 

247. Receipt Record Journal, 1923-27. 1 v. 

Register of receipts given by township officers for moneys received 
from collector, showing names of township and official, title of office, 
and amount and date of payment. Arr. by date of payment. No 
index. Hdw. 300 p. 13 x 9 x 1. Treas.'s off., 1st fl. 

248. Memoranda of Taxes, 1883-98. 18 v. (1-18). 

Collector's memoranda of tax collections, showing name of taxpayer, 
legal description and valuation of property, tax spread, school district 
number, amounts of back tax, interest, costs, special assessments, and 
interest on special assessments, total amount due, and date of collec- 
tion. Arr. by date of collection. No index. Hdw. under pr. hdgs. 
120 p. 18 X 12 X 1. Attic strm., 4th fl. 

DELINQUENT TAX, ABATEMENT 

249. Abatement Record (Real Estate), 1910—. 5 v. 

Lists of abatement on real estate tax collections due from county col- 
lector, showing errors in assessment, nature of error, amount of 
credit, legal description of property, total abatements, name of town- 
ship, and date of abatement. Arr. by date of abatement. No index. 
Hdw. under pr. hdgs. 240 p. 14 x 10 x 1V2- Treas.'s off., 1st fl. 

250. Abatement Record (Personal Property), 1910--. 3 v. 

Lists of abatement on personal property tax collections due from col- 
lector, showing amount of credit, errors in assessments, type of tax. 
name of township, and date of abatement. Arr. by date of abatement. 
No index. Hdw. under pr. hdgs. 240 p. 14 x 10 x 1V2- Treas.'s off., 
1st fl. 

251. Statement of Costs and Penalties, 1918—. 2 v. (2, 3). 

Lists of delinquent tax penalties and collection costs, showing" name 
of property owner, legal description of property, amounts of costs and 

— 107 — 



Collector — (353-353) 

Special AssesBments 

penalties, and total amount of payment. Arr. by date of payment. 
No index. Hdw. under pr. hdgs. 638 p. 17 x 11 x 2. Treas.'s off., 
1st fl. 

SPECIAL ASSESSMENTS 

252. Special Assessments, 1912--. 3 f.b. 

Collector's statement of delinquent special assessments, showing date, 
names of owner and collector, legal description of property, amount 
of delinquency, rate of interest, date due, and total amount of delin- 
quencies. Arr. by date of statement. No index. Typed and typed 
under pr. hdgs. 10 x 5 x 15. Treas.'s off., 1st fl. 

253. Statement of Accounts (Drainage Assessments), 1884-1920. 
1 V. 

County collector's statements of special assessment accounts of Bug 
River and Irish Flats drainage districts, showing date, names of col- 
lector, township, drainage district, and taxpayer, legal description of 
property, assessment number, date payable, amount of delinquency 
after sale, date of payment, amounts of assessment and interest pay- 
ments, total amounts of receipts and disbursements, date of expend- 
iture, name of payee, and order number. Arr. by date of statement. 
No index. Hdw. under pr. hdgs. 154 p. 12 x 8 x 1. Treas.'s off., 
1st fl. 

For subsequent statements for Bug River drainage district, see 
entry 268; for subsequent statements for Irish Flats drainage district 
see entry 269. 



(Xrext entry, p. 170) 

XIII. TREASURER 

In Montgomery County the treasurer was first appointed by the 
county commissioners' court.' The office was abolished in 1825, tlie 
sheriff assuming the duties of treasurer during the following two 
years.- In 1827 the legislature reestablished the office, providing that 
a treasurer be appointed annually by the county commissioners' 
court.' From 1837 to the present the treasurer has been elected by 
the people of the county,' and is commissioned by the Governor for 
a four-year term.' In 1880 by amendment to the Constitution of 
1870, it was provided that no treasurer should be eligible for reelection 
to the office until four years after the expiration of his term of office.* 
The penal sum of the treasurer's bond and his securities are deter- 
mined by the county board.' Upon request of the treasurer, the board 
designates the bank in which the public funds are to be deposited. 

In the performance of his duties, the treasurer receives the county 
revenue, has custody of its funds, and disburses them in accordance 
with orders of the county board or specific authorization by law. He 
is required to keep books of accounts of all funds received and dis- 
bursed by him, to maintain a register of county orders countersigned 
and paid, to report annually to the county board on the financial 
transactions of his office, and to settle his accounts with the board 
semiannually.' The last two requirements give rise to a number of 
segregated records of accounts beyond strict statutory requirements. 
In addition, reports are made to the treasurer by other county, dis- 
trict, public, and semipublic authorities in the process of transacting 
business v.uth him; and. finally, a large number of records arise from 
the requirement for collectors of taxes to settle their accounts with 
the treasurer.^ 

The treasurer acts as ex-officio treasurer of the special drainage 
district.'" 



1. Ii. 1819, p. 315. 

2. Ii. 1825, p. 178. 

3. R. Ii. 1827, p. 329; R. !•. 1833, p. 515, 516. 

4. R.I..1837, p. 49, 274; Ii. 1845, p. 28; R. S. 1845, p. 137; I.. 1851, p. 144: Con- 
stitution of 1870, Art. X, sec. 8. 

5. The term was set at four years in 1837 <R. It. 1837, p. 274); it was later 
reduced to two years (!•. 1845, p. 28; £.1851, p. 144). The office was made 
constitutional in 1870 without change of term (Constitution of 1870, Art. 
X. sec. 8). Then in 1880, the term was lengthened to four years (Consti- 
tution of 1870, Art. X, sec. 8, as amended November, 1880). 

6. Constitution of 1870, Art. X, sec. 8. as amended November, 1880. 

7. R.Ii.l827, p. 329; R. S. 1874, p. 323. The bond is required to be filed in 
the office of the county clerk. 

8. B. I.. 1837, p. 582. 583: I.. 1843, p. 151; R. S. 1845, p. U7-39: I.. 1861. p. 2:;!i. 
240;R. S. 1874, p. 323, 324. 

9. R.Ii.l827, p. 330-33; !•. 1839, p. 8-10: !•. 1845, p. 11; I.. 1895, p. 304; L. 1913, 
p. 51G; I.. 1933, p. 898. 

10. I.. 1885, p. 7S, 104. 



-189 — 



Treasurer — (254-259) 

Greneral Accounts; Special Acconnti 

GENERAL ACCOUNTS 

254. Register of County Orders Countersigned. 1862--. 9 v. (B-G, 
1-3 1. Missing: 1890-1906. 

Register of cancelled county orders, showing date, amount, purpose, 
and number of warrant, name of payee, and date of cancellation. 
Al.so contains Mothers' Pension Funds, 1916--, entry 267. Arr. by date 
of warrant. No index. Hdw. under pr. hdgs. 300 p. 18 x 10 x 2. 
V. B. 1862-89, attic strm., 4th fl.; v. C-G, 1-3, 1907—, treas.'s off., 
Ist fl 

255. Cash Book, 1886--. 7 v. (3 not numbered. 3-6). 

Daily ledger of treasurer's cash receipts and disbursements, showing 
dates and amounts of receipts and disbursements, source of receipt, 
name of payee, purpose of payment and balance on hand. Also con- 
tains County Treasurer's Account, 1909--, entry 256. Arr. by date ol 
transaction. No index. Hdw. under pr. hdgs. 200 p. 20 x 14 x 2. 3 v 
not numbered, 1886-1906, attic strm., 4th fl.; v. 3-6, 1907--, treas.'s off., 
1st fl. 

256. County Treasurer's Account, 1862-1908. 2 v. (1 not lettered, 
B). 1909— in Cash Book, entry 255. 

Treasurer's accounts of county funds, showing title of fund, dates and 
amounts of debits and credits, totals, and balance on hand. Arr. by 
date of transaction. No index. Hdw. under pr. hdgs. 144 p. 17 x 11 
X 1. 1 V. not lettered, 1862-82, attic strm., 4th fl.; v. B, 1883-1908, 
common vlt., 1st fl. 

SPECIAL ACCOUNTS 

School (See also 
entries 275, 276) 

257. (Register of Fees Received for Institute Fund), 1883--. 2 v. 
(1 not lettered, B). 

Treasurer's account of teachers' institute fund, showing dates and 
amounts of receipts and disbursements, names of payer and payee, 
purposes of expenditures, warrant number, and balance. Arr. by date 
of transaction. No index. Hdw. under pr. hdgs. 160 p. 12 x 8 x 1. 
Treas.'s off., 1st fl. 

258. Non-High School Record, 1918--. 1 v. (1). 

Account record of receipts and expenditures of non-high school fund, 
showing dates and amounts of receipts and disbursements, names of 
payee and township, township school district and order numbers, 
and totals. Arr. by date of transaction. No index. Hdw. under pr. 
hdgs. 160 p. 14 X 10 X 1. Treas.'s off., 1st fl. 
Probate 

259. Treasurer's Account of Unknown Heirs, 1881--. 3 v. 

Title varies: Treasurer's Account of Non-resident Heirs, 1 v., 

1881-1906. 
Heirship fund journal showing names of deceased and claimant, 
amount and date of receipt by treasurer, amount of costs, and final 

— 170 — 



Treasurer — (260-266) 

Special Accounts 

disposition of funds. Arr. by date of receipt of funds. Indexed alph. 
by name of deceased, Hdw. under pr. hdgs. 150 p. 18 x 12 x IV2. 
Treas.'s off., 1st fl. 
Inheritance Tax 

260. Inheritance Tax Reports (and Receipts), 1917--. 2 f.b. 
Copies of county judge's orders approving inheritance tax appraiser's 
reports and duplicates of inheritance tax receipts, showing names of 
deceased and beneficiaries, relationship of beneficiaries to deceased, 
legal description of property, appraised value of estate, exemptions, 
taxable cash value, total amount and date of payment, signatures of 
judge, appraiser, and payee, and date of filing. Arr. by date of report. 
No index. Hdw. and typed. 8 x 12 x 14. Treas.'s off., 1st fl. 

261. Inheritance Tax Cash Book, 1912--. 2 v. (1, 2). 

Account record of inheritance tax receipts and payments to State 
Treasurer, showing names of deceased and heirs, appraised value of 
estate, taxable cash value, tax rate, dates and amounts of levy and 
collections, amounts of discount, treasurer's commission, and ap- 
praiser's and county clerk's fees, and date and amount of payment to 
State Treasurer. Arr. by date of levy. Indexed alph. by name of 
deceased. Hdw. under pr. hdgs. 147 p. 14 x 8 x 1. Treas.'s off., 
1st fl. 
Highway 

262. County Highway Warrant Register, 1933—. 1 v. 

Register of cancelled highway warrants, showing claim number, date, 
amount, and number of v;arrant, name of payee, name of fund upon 
which drawn, purpose of payment, and total amount of warrants. Arr. 
by date of warrant. No index. Hdw. under pr. hdgs. 150 p. 15 x 
12 X 11/2- Treas.'s off., 1st fl. 

263. Motor Fuel Tax Allotment Record, 1933—. 1 v. 

Account record of motor fuel tax allotments, showing title of fund, 
estimate of costs, (Jate of allotment, amounts of request by county 
board, receipt, and payments, receipt and claim numbers, purpose of 
claim, and balance available. Arr. by date of allotment. No index. 
Hdw. under pr. hdgs. 150 p. 12 x 9 x y2. Treas.'s off., 1st fl. 

264. Highway Funds Received, 1935—. 1 v. 

Treasurer's register of highway fund receipts, showing number, date, 
and amount of receipt, name of payer, for what section and route, 
and total receipts. Arr. by date of receipt. No index. Hdw. under 
pr. hdgs. 200 p. 18 X 12 X 2. Treas.'s off., 1st fl. 
Dog License 

265. Sheep Claims, 1920—. 1 f.b.. 1 f.d. 

Claims against dog tax fund for damages to sheep by dogs, showing 
claim number, names of owners of sheep and dogs, number of sheep 
killed or injured, amount of damages, signatures of owner and wit- 
nesses, notarial acknowledgment, and dates of claim and filing. Arr. 
by claim no. No index. Hdw. on pr. fm. F.b. 10 x 5 x 15; f.d. 4 x 12 
X 27. Treas.'s off., 1st fl. 

266. Sheep Fund Record, 1920--. 1 v. (IK 

Account record of payments made from dog tax fund for damages to 

— 171— 



TreaBurer— (867-272) 

Reports 

sheep by dogs, showing date and amount of claim, names of owner, 
appraiser, and township, number of injured sheep, and amounts of 
dog tax collection and payment to to sheep owner. Arr. by date ol 
payment. No index. Hdw. under pr. hdgs. 200 p. 16 x 10 x IV2 
Treas.'s off., 1st fl. 

Mothers' Pension 

267. 3Iothers' Pension Funds, 1914-15. 1 v. 1916-- in Register of 
County Orders Countersigned, entry 254. 

Register of mothers' pension warrants, showing date, amount, and 
number of warrant, name of mother, and date of cancellation. Arr. 
by date of warrant. No index. Hdw. 100 p. 10 x 15 x Vi. Treas.'s 
off., 1st fl. 

Drainage 

268. Record of Bug River Special Drainage District, 1898—. 1 v. 

Ledger of receipts and expenditures of Bug River drainage district, 
showing names of treasurer and taxpayers, dates and amounts of 
assessments, collections, and expenditures, name of payee, purpose 
of expenditure, and balance; includes county collector's statements 
of Bug River special assessment accounts, 1921--. Arr. by date of 
transaction. No index. Hdw. 100 p. 12 x 8 x 1. Treas.'s off., 1st fl. 

For prior collector's statements of Bug River drainage district 
special assessment accounts, see entry 253. 

269. Record of Irish Flats Special Drainage District, 1905—. 1 v. 
Ledger of receipts and expenditures of Irish Flats drainage district, 
showing names of treasurer and taxpayer, dates and amounts of 
assessments, collections, and expenditures, purpose of expenditure, 
name of payee, and balance; includes county collector's statements 
of Irish Flats special assessment accounts, 1921--. Arr. by date of 
transaction. No index. Hdw. 100 p. 12 x 8 x 1. Treas.'s off., 1st fl. 

For prior collector's statements of Iiish Flats drainage district 
special assessment accounts, see entry 253. 

REPORTS 

270. Monthly Reports, 1908—. 3 f.b. 

Duplicate monthly reports to county board of warrant issuances, 
showing dates, amounts, and numbers of warrants, names of payee 
and fund upon which drawn, total amount of warrants, and date of 
report. Arr. by date of report. No index. Typed under pr. hdgs. 
10 X 5 X 15. Treas.'s off., 1st fl. 

271. Treasurer's Annual Reports To Board, 1932--. 1 f.d. 
Duplicates of treasurer's annual reports to county board, showing 
itemized account of receipts and expenditures of each fund, total re- 
ceipts and expenditures, balance available in each fund, name of 
treasurer, and dates of report and filing. Arr. by date of filing. No 
index. Typed. 8 x 18 x 27. Treas.'s off., 1st fl. 

272. Mothers' Pension and Blind Pension Reports, 1935--. 2 f.b. 
Itemized quarterly reports to county board of payments for blind and 
mothers' pension, showing name and address of payee, warrant num- 

— 173 — 



Treasurer — (273, 274) 

Checks and Deposit Slips 

ber, amount of payment, total amount of payment for quarter, and 
date of report. Arr. by date of report. No index. Typed under pr. 
hdgs. 10 X 5 X 15. Treas.'s off., 1st fl. 

CHECKS AND DEPOSIT SLIPS 

273. Cancelled Checks, 1923—. 2 boxes. 

Checks issued to school and township officials, showing name and 
title of payee, date and amount of payment, name of debited fund, 
signature of treasurer, and date of cancellation. No obvious arr. No 
index. Hdw. on pr. fm. 15 x 12 x 6 - 24 x 18 x 18. 1 box, 1923-36, 
common vlt., bsmt.; 1 box, 1937--, treas.'s off., 1st fl. 

274. Deposit Slips, 1937—. 1 f.b. 

Duplicates of daily bank deposit slips, showing names of bank and 
depositor, and date and amount of deposit. Arr. by date of deposit. 
No index. Hdw. on pr. fm. 10 x 5 x 15. Treas.'s off., 1st fl. 



— 173 — 



(Next entry, p. 175) 

XIV. SUPERINTENDENT OF SCHOOLS 

The first county school official in Montgomery County was the 
school commissioner.' The principal duties of this officer, an ap- 
pointee of ihe county commissioners' court, centered around the sale 
of school lands. His reports of these sales were made to the county 
commissioners' court and recorded by their clerk in a well-bound 
book kept for that purpose.' The school commissioner also reported 
to the county commissioners' court on his other transactions in regard 
to the school fund.' His office became elective in 1841.' In 1845 the 
^ojffibce of county superintendent of schools was created as an ex- 
officio office of the county school commissioner.' For his ex-officio 
duties as superintendent of schools, the commissioner received addi- 
tional compensation for the days actually engaged in the perform- 
ance of these duties.' Beginning with the year 1847, the school com- 
missioner was elected for a two-year term.' In 1865 the office of 
county superintendent of .schools was established as an independent 
office, and had delegated to it the authority formerly vested in the 
county school commissioner." 

The superintendent of schools is a statutory office, now elective 
for a term of four years." The superintendent's office serves as the 
central school administrative agency for the county. One or more 
of the several congressional townships comprise the several school 
districts. Within these administrative units are elected boards of 
trustees who have executive and financial responsibilities which come 
under the supervision of the county superintendent.'" The boards of 
trustees appoint their own treasurers who also act as clerks of the 
township (or school district) boards." 

The superintendent makes quarterly and annual reports to the 
county board and also reports to the State Superintendent of Public 
Instruction, the State Department of Public Health, the state fire 
marshal, and the state architect. His original duties are the follow- 
ing : 

1. To seU township fund lands and issue certificates of 
purchase. 

2. To examine the complete accounts of every township 
treasurer in his county and report irregularities to the 
township trusteees. 

3. To conduct a teachers' institute, hold quarterly exam- 
inations for teachers' certificates, and issue such. 

4. To hold examinations for normal and university schol- 
arships. 



1. R. £. 1829, p. 150. 151. 

2. Ibid., p. 152, 153; 1^.1849, p. 155, 156, 159, 160; !•. 1851, p. 130. 
:). Z;. 1831, p. 175. 

4. Ii. 1841, p. 261, 262. 

5. L. 1845, p. 54. 

tl. X^. 1849, p. 178; Z;. 1867, p. 161. 

7. L. 1847, p. 120; !•. 1849, p. 154. 

8. r.. 1865, p. 112; Ii. 1871-72, p. 702; I.. 1889, p. 312; X.. 1909, p. 343. 

9. I.. 1871-72, p. 702; I.. 1909, p. ^4:!; L. 1915, p. 628; 1. 1923, p. 596. 

10. Z.. 1847, p. 126; Z;. 1909, p. 350; L. 1929, p. 745. 

11. X;. 1927, p. 843; Z.. 1929, p. 745. 

—174— 



Superintendent of Schools — (275-277) 

Accounts; Sale of School Z<ands 

5. To visit the public schools in the county, observe meth- 
ods of instruction, make recommendations to teachers, 
and advise school officers; to observe sanitary and 
safety conditions, and notify trustees and state author- 
ities of unsatisfactory conditions; to inspect plans and 
specifications, and approve those meeting state regula- 
tions." 

A noteworthy undertaking of the superintendent of schools is the 
annual teachers' institute. Pioneer legislation of 1869 provided that 
the school directors were to allow school teachers to attend the 
teachers' institute in their county without the loss of time or pay." 
Twenty years later, the superintendent of schools was required to 
hold the institute annually." A fund was set up for this purpose 
which has continued to be made up of the fees received from appli- 
cants for teachers' certificates and from teachers' registrations. 
Money from the fund is paid out only on the order of the superin- 
tendent to defray the expenses of the annual institute. When the 
fund exceeds the annual cost of the institute, the excess may be paid 
cut for special meetings of teachers.'' 

ACCOUNTS OF SCHOOL FUNDS 
(See also entries 257, 258) 

275. Distributive Fund, 1929--. 1 v. 

Superintendent's account of distributive fund, showing name of town- 
ship treasurer, location of township, school district number, date, 
number, and amount of claim, and amounts of receipts and disburse- 
ments of distributive fund each month of school term. Arr. by twp. 
and range nos. No index. Hdw. under pr. hdgs. 500 p. 14 x 10 x 21/2- 
Private off. of supt. of sch., 2nd fl. 

276. Institute Fund Record, 1935—. 1 v. 

County superintendent's institute fund record, showing dates, 
amounts, and purposes of receipts and expenditures, total amounts 
of receipts and expenditures, and balance available. Arr. by date of 
transaction. No index. Hdw. 472 p. 9 x 12 x 2. Off. of supt. of sch.. 
2nd fl. 

SALE OF SCHOOL LANDS 

277. Record of School Commissioner's Petitions for Sales, 1847-67. 
1 V. 

Record of petitions to school commissioner to sell school lands, show- 
ing date and purpose of petition, legal description and location of 
land, and signatures of petitioners. Arr. by dats of petition. No 



12. R. S. 1845, p. 49S, 499: !■. 1847, p. 122; Ii. 1849, p. l.',G; L. 1853, p. 240. 247: 
Ii. 1855, p. 66, 67; Ii. 1861, p. 190, 191; Xi. 1865, p. 119, 110: I.. 1909, p. 347-50; 
L. 1915, P4636-38. 

i:-,. Ii. 1869, p. 394. 

14. 1. 1889, p. 312. 

15. L. 1905, p. 385; I.. 1931, p. 876. 

— 175 — 



Superlntenaent of ScUools — (278-283) 

School Districts; Teachers Record 

index. Hdw. 200 p. 12 x 8 x 1. Common vlt.. 1st fl. 

278. Acct. of Sale of School Lands, 1837-54. 2 v. 

School commissioner's account of money received from sale of school 
lands, showing legal description of school land, amounts of sale and 
payment, balance due, rate of interest, names of purchaser and sure- 
ties, date of maturity of note, total amount received from sale of 
school lands, and balances to be collected and on hand. Arr. by date 
of sale. No index. 50-100 p. 14 x 8 x 1/2 - 8 x 6 x 1. Common vlt., 
1st fl. 

279. School Commissioner's Report (of Sale of School Lands), 
1837-68. 1 V. 

Copies of reports of school commissioner to county commissioners' 
court of sale of school lands, showing date, amount, and place of 
sale, name of purchaser, acreage, selling price per acre, legal descrip- 
tion and location of property, and date of filing report. Arr. by date 
of filing report. No index. Hdw. 200 p. 12 x 8 x 1. Common vlt., 
1st fl. 

SCHOOL DISTRICTS 

280. School District Claims For State Aid, 1930--. 5 bdl., 4 v. 
Claims of various school districts in Montgomery County for state 
aid. showing date and number of claim, name and number of school 
district, financial statement of district, general information, names 
of teachers, and signatures of district clerk, township treasurer, and 
superintendent of schools. Arr. by date of claim. No index. Hdw. 
on pr. fm. Bdl. 14 x 9 x 1; v. 150 p. 14 x 9 x 1. 5 bdl., 1930-35, private 
off. of supt. of sch., 2nd fl.; 4 v., 1936—, off. of supt. of sch., 2nd fl. 

281. Non-High School and Final Examination Record, 1935--. 1 v. 
Record of proceedings of non-high school district board, showing date 
of meeting, attendance reports, treasurer's annual report, tax levies, 
claims for tuition, receipts and expenditures, and signature of secre- 
tary. Also contains (Record of Final Examinations of Eighth-Grade 
Pupils), entry 285. Arr. by date of meeting. No index. Hdw. 97 p. 
14 X 10 x 1. Off. of supt. of sch., 2nd fl. 

TEACHERS' RECORDS 

282. County Superintendent's (Teachers') Examination Record, 

1863-. 4 V. 
Record of teachers' examinations, showing name, age. and address of 
applicant, subjects of examination, grades, rating, date of examina- 
tion, and date, number, and kind of certificate. Arr. by date of ex- 
amination. No index. 1863-97. hdw. under pr. hdgs.; 1898—, typed 
under pr. hdgs. 100- 150 p. 18 x 8 x 1 - 18 x 14 x V/o- 3 v., 1863-97, 
private off. of supt. of sch., 2nd fl.; 1 v., 1898--. off. of supt. of sch., 
2nd fl. 

283. Teachers' Permanent Record Cards, 1923--. 3 f.b. 
Teachers' permanent record showing name, age, and address of teach- 
er, grade and number of certificate, school attended, salary, subjects 

— 176 — 



Superintendent of Scbools — (284-288) 

Pupil Records; Seports 

and grade taught, teaching experience, amount of contributions to 
teacliers' pension and retirement fund, and date of filing. 1923-29, 
arr. alph. by name of teacher; 1930--. arr. by date of filing. No 
index. Hdw. on pr. fm. 6 x 8 x 14. Off. of supt. of sch., 2nd fl. 

284. Record of Teachers' Certificates, 1935—. 1 v. 

Register of teachers' certificates, showing date of registration, name 
and address of teacher, date, number, and kind of certificate, and 
date of next registration or renewal. Arr. by date of registration. 
No index. Hdw. under pr. hdgs. 288 p. 14 x 12 x 2. Off. of supt. of 
sch., 2nd fl. 

PUPIL RECORDS 

285. (Record of Final Examinations of Eighth-Grade Pupils), 

1935--. In Non-High School and Final Examination Record, 

entry 281. 
Lists of eighth grade graduates, showing date of examination, name 
and number of school district, name and age of pupil, general aver- 
age, and remarks. Arr. by date of examination. 

REPORTS 

286. Annual Report of County Superintendent of Schools, 1917--. 
14 V. Missing: 1918-25. 

Copies of annual reports of superintendent of schools to State Super- 
intendent of Public Instruction, showing school census, enrollment, 
names, positions, and qualifications of teachers, promotion of health 
and attendance, annual salaries of elementary and high school teach- 
ers, district, distributive, and township fund records, tax levies, total 
receipts and expenditures, tuition payments, exhibits, investments, 
financial report, number of one-room schools, and memoranda. Arr. 
by date of report. No index. Hdw. on pr. fm. 38 p. 14 x 10 xi'2. 
Private off. of supt. of sch.. 2nd fl. 

287. Trustees' Annual Report, 1919--. 418 v. 

Township school trustees' annual reports to superintendent of schools, 
showing name and number of school district, names of trustees, 
teachers, and school, school census, general and financial statistics, 
number of students in each school, qualifications of teachers, total 
income and expenditures, amounts of loans from school funds, bal- 
ance available, dates of report and filing, and remarks. Also contains 
Township (School) Fund (Statement), 1937—, entry 293. No obvious 
arr. No index. Hdw. on pr. fm. 14 p. 14 x 8 x Vz. Off. of supt. of 
sch., 2nd fl. 

288. Teachers' Annual Reports, 1935—. 6 f.b. 

Annual reports of teachers to county superintendent of schools, show- 
ing district name and number, date of report, name, age, attendance 
record, and grade of each pupil, subjects studied and grades earned, 
general average, promotions, length of school term, average daily 
attendance, total number of pupils, number of teachers employed, 
qualifications of teachers, amount contributed to teachers' pension 

—177— 



Superintendent of Schools — (239-295) 

RegriBter of School Officers 

fund, amount of salary, valuation and condition of school property, 
health promotion, and remarks. Arr. by date of report. No index. 
Hdw. on pr. fm. 12 x 9 x 14. Off. of supt. of sch., 2nd fl. 

289. Preliminary Classification Report, 1935--. 4 folders. 
Teachers' reports to superintendent of schools at beginning of each 
school term, showing name and age of each pupil, names and address 
of parents or guardian, grade in school, daily work program, general 
condition of school room, and remarks. No obvious arr. No index. 
Hdw. on pr. fm. 14 x 8 x 1. Off. of supt. of sch., 2nd fl. 

290. Pension Reports, 1935--. 3 f.b. 

Schools boards' reports to superintendent of schools regarding con- 
tributions to teachers' pension and retirement fund, showing name 
and address of teacher, school district name and number, teaching 
experience, number of months in school term, amount of salary- 
amount of contribution to pension fund, date of contribution, and 
remarks. Arr. by date of report. No index. Hdw. under pr. hdgs. 
12 X 9 X 14. Off. of supt. of sch., 2nd fl. 

291. Census Reports, 1935—. 3 f.b. 

School census reports by clerks of school boards, showing district name 
and number, number of children between ages of six and sixteen, 
date of report, valuation of school property, and date of filing. Arr. 
by date of filing. No index. Hdw. on pr. fm. 4 x 4 x 12. Off. of 
supt. of sch., 2nd fl. 

292. Field Book (Superintendent's Record of Visits to Schools), 
1935-. 1 V. 

Record of reports of superintendent's visits to various schools in 
county, showing date of visit, name of teacher, name and number of 
school district, township and section numbers, and remarks; includes 
plats of school districts. Arr. by twp. and range nos. No index. 
Hdw. on pr. fm. 150 p. 8 x 5 x 1. Off. of supt. of sch., 2nd fl. 

293. Township (School) Fund (Statement), 1935-36. 1 f.b. 1937— 
in Trustees' Annual Report, entry 287. 

Statement of school fund loans, showing date of report, date of 
loan, name of borrower, amount of loan, interest rate, date of matur- 
ity, list of securities, date of interest payments, and remarks. Arr. by 
date of report. No index. Hdw. on pr. fm. 4 x 4 x 12. Off. of supt. 
of sch., 2nd fl. 

REGISTERS OF SCHOOL OFFICERS 
(See also entries 59, 60) 

294. List of School Officers, 1935--. 2 f.b. 

Lists of elected school officers, showing name and address of officer, 
title of office, dates of election and expiration of term, and name and 
number of school district. Arr. by date of election. No index. Hdw. 
under pr. hdgs. 12 x 9 x 14. Off. of supt. of sch., 2nd fl. 

295. School Officers' and Teachers' Record, 1935--. 1 v. 
Register of school officers and teachers, showing date of entry, name 
and address of officer or teacher, district name and number, date of 

— 173 — 



Superintendent Qf Schools — (296) 

School Treasurer's Bonds 

expiration of term of office, annual salary of teacher, and number of 
months in school term. Arr. by date of entry. No Index, Hdw. under 
pr. hdgs. 96 p. 14 X 8 X 1. Off. of supt. of sch., 2nd fl. 

SCHOOL TREASURERS' BONDS 
(See also entry 105) 

296. (Township School Treasurers') Bonds, J924— , 3 f.b. 

Bonds of township school treasurers, showing name of treasurer, town- 
ship and range numbers, date, number, amount, and obligations of 
bond, signatures of sureties and school trustees, acknowledgment, and 
date of filing. No obvious arr. No index, Hdw. on pr. fm. 4 x 4 x 12. 
Off. of supt. of sch., 2nd fl. 



— 17S — 



(Kext entry, p. 181) 

XV. SUPERINTENDENT OF HIGHWAYS 

From 1821 to 1849 the county commissioners' court exercised juris- 
aiction over roads and bridges in Montgomery County." The court 
was empowered to locate new roads, to alter or vacate old roads, to 
divide the county into road districts, and to appoint a supervisor in 
each district.' The construction and maintenance of roads were ef- 
fected by means of a labor tax levied on all able-bodied men between 
the ages of eighteen and fifty. It was the supervisors' duty to sum- 
mon these men for work when road labor was needed.' 

Fi'om 1849 to 1873 the county court in Montgomery County had 
the control and supervision of public roads and bridges. The suDsti- 
tution of this administrative body for the old county commissioners' 
court effected no material changes in the earlier set-up. The system 
of road districts was retained and the work of superintending road 
construction and maintenance continued to be vested in district super- 
visors.' 

In 1873 when Montgomery County instituted township organiza- 
tion, the care and superintendence of roads became the responsibility 
of the townships. The 1849 leg-islation enabling the adoption of this 
form of county government had provided for the election in each 
township of a highway commissioner and as many overseers of high- 
ways as there were road districts in the county. The commissioners 
at their annual meeting determined necessary action for establishing 
new roads and repairing, altering, or vacating old roads; the overseers 
of highways were then required to carry out the commissioners' in- 
structions.' This system of road control and maintenance obtained 
until 1913; in that year the office of superintendent of highways was 
first establi.shed." The boards of highway commissioners which ex- 
isted prior to that date have continued to function, but their powers 
are principally subordinated to those of the superintendent of high- 
ways. 

The superintendent is appointed by the county board. The board 
submits a list of three to five candidates to the State Department of 
Public Works and Buildings, which department examines the candi- 
dates to determine the person best fitted for the otRce.' The success- 
ful candidate holds office for six years and is remunerated in a sum 
fixed by the county board. 

The powers and duties of the superintendent of highways come 
under the rules and regulations of the State Department of Public 
Works and Buildings. However, the superintendent is subject, upon 

1. t. 1819, p. 17 5. 

2. Ibid., p. 333; !•. 1825, p. 130. 

3. L. 1819, p. 334. 

4. I.. 1849, p. 65. Ii. 1851, p. 179. 

5. !•. 1849, p. 212. 

6. !■. 1913, p. 524. 

7. Z.. 1921, p. 781; 1^.1933, p. 961. From 1913 to 1917 the list was submitted 
to the State Highway Commission; in 1917 this state ag:ency was abolished, 
and its rights, powers, and duties were vested in the Department of Public 
Worl{s and Buildings, created in the same year (Zi. 1913, p. 524; Ii. 1917, 
p. 4, 16, 24). 

— 180 — 



Superintendent of Higrhways — (297,298) 

ConBtructlon and Maintenance Records 

hearing, to removal by the county board. The superintendent exer- 
cises supervision over township, county, and state-aid roads, and 
bridges and culverts in his county, and is required to perform such 
other duties as may be prescribed by the chief highway engineer of 
the state.* 

His principal duties are as follows: 

1. To prepare plans, specifications, and estimates for all 
bridges to be built by the county. 

2. To supervise the construction and maintenance of 
county roads and bridges, and state-aid roads. 

3. To inspect the highways and bridges in each town or 
district of his county at least once a year. 

4. To advise and direct the highway commissioners in each 
town or district as to the best methods of repair, main- 
tenance, and improvement of highways and bridges. 

5. To approve any purchase in excess of $200 for mater- 
ials, machinery, or apparatus to be used in road con- 
struction in any town or district." 

He is required to keep the following records: 

1. Records of contracts, purchases, and expenditures 
authorized by himself, the county board, or township 
commissioners. 

2. Maps, plats, blueprints, specifications, etc., arising from 
his supervision of roads and bridges, or the planning of 
new construction. 

3. Accounts of the funds handled by his office. 

4. Reports from other officers or bodies touching upon the 
affairs of his office; copies of his own reports on the 
administration of his office; related papers.'" 

CONSTRUCTION AND MAINTENANCE RECORDS 

Rig^ht-of-Way Dedications 

297. Right of Way, 1926—. 1 bdl., 1 f.b. 

Dedications of right of ways for public roads, showing name of grant- 
or, legal description of property, consideration, notarial acknowledg- 
ment, and dates of dedication and filing. Arr. by date of filing. No 
index. HIdw. and typed on pr. fm. Bdl. 8x4x3; f.b. 12 x 12 x 26. 
Off. of supt. of hwys., 1st fl. 
Specifications, Contracts, and Plans (See 
also entry 311) 

298. Maps of Roads and Bridges in Montgomery County, 1926--. 
612 maps. 

Maps and plats of roads and bridges, showing elevations, route and 
section numbers, outlines of roads, construction materials, daie of 



8. It. 1921, p. 782: 1. 1933, p. 961. 

9. 1. 1913, p. 523-26. 
10. Ibid., p. 525. 



—181— 



Saperintendent of Hicrhways — (299-305) 

Allotments and Claims 

map, and name of engineer. Printed in Hillsboro. Blueprint. 1 in. 
to 3 mi. 5 X 7 - 12 X 3. Off. of supt. of hwys., 1st fl. 

299. (Uoad Construction), 1933--. 7 f.b. 

Original papers pertaining to road construction work, including notices 
to contractors, specifications, proposals, contracts, contract bonds, and 
correspondence. Arr. by road section no. No index. Hdw., typed, 
and hdw. and typed on pr. fm. 12 x 5 x 13 - 12 x 12 x 26. Off. of 
supt. of hwys., 1st fl. 

Labor 

300. Highway Payroll, 1926—. 5 f.b. 

Semimonthly time sheets for county highway workers, showing date of 
time sheet, number of claim, name, address, and title of worker, hours 
worked, rate of pay per day, total amount of claim, date of approval, 
and signature of superintendent of highways. Arr. by date of time 
sheet. No index. Hdw. under pr. hdgs. 13 x 5 x 15. Off. of supt. of 
hwys., 1st fl. 

301. DaUy Labor Cards, 1939--. 1 f.d. 1935-38 in Claims M. F. T. 
(Motor Fuel Tax), entry 305. 

Daily report cards on labor expended, showing patrol, section, and 
route numbers, names of laborers, hours worked by each man, type 
of work, date, and signature of supervisor. Arr. by date of report. 
No index. Hdw. on pr. fm. 12 x 12 x 18. Off. of supt. of hwys., 
1st fl. 
Work Projects Administration 

302. WPA Projects, 1936—. 1 f.b. 

Copies of certificates of WPA project sponsors, showing names of offi- 
cial sponsor and agency, project number, location and type of work, 
description of project, total amounts of money and time allowed, and 
date of certificate. Arr. by date of certificate. No index. Hdw. and 
typed on pr. fm. 13 x 5 x 15. Off. of supt. of hwys., 1st fl. 

ALLOTMENTS AND CLAIMS 
(See also entry 263) 

303. Motor Fuel Tax Allotment Record, 1933. 1 v. 

Account record of motor fuel tax allotments made to various highway 
funds, showing title of fund, balance on hand, date and amount of 
allotment, date, purpose, and amount of expenditure, claim number, 
and name of payee. Arr. by route and section nos. No index. Typed 
under pr. hdgs. 150 p. 12 x 9 x IVa- Off. of supt. of hwys., 1st fl. 

304. Claims, 1926—. 5 f.b. 

Claims for labor and supplies, showing name of claimant, date, 
amount, type, and number of claim, name of fund debited, and sig- 
nature of superintendent of highways. Arr. by date of claim. No 
index. Hdw. and typed on pr. fm. 12 x 5 x 13. Off. of supt. of hwys., 
1st fl. 

305. Claims M. F. T. (Motor Fuel Tax), 1933-. 1 f.b. 
Claims against motor fuel tax fund, showing name of claimant, route 
and section number-s, purchase order number, description of purchased 

■—188 — 



Superintendent of Kig-hways— (306-311) 

Reports; Surveys; Correspondence and Petitions 

materials, date, amount, and number of claim, affidavit as to correct- 
ness, and signature of superintendent. Also contains Daily Labor 
Cards, 1935-38, entry 301. Arr. by claim no. No index. Hdw. and 
typed under pr. hdgs. 15 x 13 x 5. Off. of supt. of hwys., 1st fl. 

30G. Gas Tickets, 1939—. 1 f.d. 
Bills and sales receipts for gasoline purchased by county, showing 
date and number of bill or receipt, names of purchaser and seller, 
number of gallons purchased, price per gallon, and total price. Arr. 
by date of bill or receipt. No index. Hdw. on pr. fm. 12 x 12 x 18. 
Off. of supt. of hwys., 1st fl. 

307. Journal (Highway Claims), 1926--. 2 v. 

Register of claims against highway funds other than motor fuel tax 
showing name of claimant, date, amount, and nature of claim, and 
amount of allowance; includes account record of receipts, showing 
title of fund credited, source of payment, date and amount of receipt, 
and balance on hand. Arr. by date of claim. No index. Hdw. under 
pr. hdgs. 375 p. 16 x 10 x 21/2- Off. of supt. of hwys., 1st fl. 

308. Claim Register (Motor Fuel Tax Fund), 1933—. 1 v. 
Register of claims against motor fuel tax fund, showing date, number, 
and amount of claim, name of claimant, nature of service, type of 
materials, route and section numbers, purpose of service or materials, 
amount of treasurer's fee and total fees. Arr. by date of claim. No 
index. Hdw. under pr. hdgs. 300 p. 18 x 11 x 2. Off. of supt. of 
hwys., 1st fl. 

REPORTS 

309. Resolutions To County Board, 1926—. 1 f.b. 

Copies of reports to county board of highway commission's resolu- 
tions, showing date of resolution, type of improvement, legal descrip- 
tion of property to be improved, and date of filing. Arr. by date of 
filing. No index. Typed. 12 x 5 x 13. Off. of supt. of hvv^ys., 1st fl. 

SURVEYS 

310. Motor Fuel Note Book, 1930—. 15 v. 

Surveyor's original field notes preparatory to motor fuel tax construc- 
tion work, showing landmarks, measurements, streams, names of 
property owners and surveyor, legal description of property, and date 
of survey. Arr. by date of survey. No index. Hdw. 50 p. 7 x 4 x y^- 
Off. of supt. of hwys., 1st fl. 

CORRESPONDENCE AND PETITIONS 

311. Maintenance Sections, 1935--. 1 f.b. 

File of correspondence of maintenance of highways, including letters, 
proposals, notices of letting of contracts, and schedules of rates on 
materials. Arr. by maintenance section no. No index. Hdw. and 
typed. 12 X 5 X 13. Off. of supt. of hwys.. 1st fl. 

—183— 



Soperlntendent of Xlgrhways— (312) 

Correspondence and Petitions 

312. (Petitions To Board), no date. 1 f.b. 
Copies of petitions to county board of voters of each township re- 
questing continuance of present system of maintaining public roads 
by county rather than by township, showing name and address of 
voter, and name of township. No obvious arr. No index. Typed. 
12 X 5 X 13. Off. of supt. of hwys., 1st fl. 



— 1»4 — 



(313) 

XVI. SURVEYOR 

The office of surveyor was established in the State of Illinois in 
1821, the incumbent having been an appointee of the General Assem- 
bly.' During recess of the legislature, nominations were made by the 
county commissioners' court to the Governor.' From 1835 to 1936 the 
county surveyor was an elected officer of the county electorate.' Since 
September, 1936, he has been an appointee of the county board.' His 
appointment is for a four-year term. He takes and subscribes to an 
oath which is filed in the county clerk's office. 

The surveyor is required by law to make all surveys within the 
bounds of his county that he may be called upon to make by the 
county board or interested persons. Such surveys include surveys of 
lands of persons requesting the same, of additions or subdivisions, and 
marking of county lines. Few changes have been made in the original 
statutory requirements for the duties of this office. The surveyor 
may appoint one or more deputies. Any individual requesting a 
survey must employ his own chainman subject to the approval of the 
surveyor. 

The surveyor is required by law to keep a well-bound book \x\ 
which to record all surveys made by him, giving such information as 
the names of the persons whose land is surveyed and descriptive data 
of the survey. This record is required to be kept by the surveyor in 
the recorder's office. The surveyor also preserves his field notes and 
retains copies of plats.' 

For other records of surveys, see entries 115, 116, 310. 

313. Surveyor's Record, 1836--. 3 v. (2 not numbered, 1836-90; 
1, 1885—). 
Surveyor's record and plats of surveyed lands, showing legal descrip- 
tion of land, locations of cornerstones and witness trees, name of land 
owner, date of survey, and surveyor's certification. Arr. by date of 
survey. 1836-90, no index; 1885—, indexed by twp.. sec, and range 
nos. Hdw. and hand-drawn. 592 p. 18 x 12 x 2. Common vlt., 1st fl. 



1. I.. 1821, p. 62; K. I.. 1829, p. 172; B. I.. 1833, p. 591. 

2. Ibid. 

3. I..1835, p. 166; 1^.1837, p. 55S; R. S. 1845, p. 52.",; K. S. 1874, p. 456, 1050; 
Ii. 1903, p. 349. 

4. I.. 1933, p. 1104 (to be effective in 1936). 

5. I.. 1821, p. 63, 64; B. I^. 1829, p. 173; R. I.. 1833, p. 591-93, 599, 600; Z.. 1845, 
p. 201; R. S. 1845, p. 524; B. S. 1874, p. 105O; I.. 1885, p. 248; X.. 1915, p. 575; 
Jm. 1933, p. 1104. 



(Ifext entry, p. 187) 

XVII. DRAINAGE COMMISSIONERS 

For the purpose of aiding in public welfare and health, the con- 
stitution has delegated to the General Assembly broad power to pro- 
vide laws in regard to drainage.' By statutory provision, these 
activities are exercised by drainage commissioners in districts of 
Montgomery County. The corporate authorities of the drainage dis- 
tricts have pov/er to acquire rights of way, issue bonds, construct and 
maintain drains, ditches, and levees for agricultural, sanitary or 
mining purposes, and assess the benefited property .' 

Drainage districts may be organized by land owners upon petitions 
to the county court. When the court finds in favor of the petitioners, 
it then enters an order to that effect and appoints three commis- 
sioners to examine and survey the proposed lands. The commis- 
sioners, when they have completed their assignment, make a final 
report to the court with recommendations and the copies of surveys, 
maps, plats, and estimates.' The districts are of three kinds: regular, 
which is composed of property lying in a single town; union, where 
the lands organized lie in two towns; special, with three or more 
towns involved.' Special and union drainage districts are maintained 
in Montgomery County. 

After the report on a proposed district has been made, the court 
completes the organization of the district.' The corporate powers of 
regular and union districts are vested in three commissioners ap- 
pointed by town clerks. The corporate authority in special drainage 
districts is vested in three elected commissioners of the district." In 
regular districts the commissioners appoint one of their number to 
act as secretary. The town clerk in union districts acts as the clerk 
of the district.' The county clerk and county treasurer, in cases of 
special drainage districts, are respectively ex-officio clerk' and treas- 
urer of each district." 

The following records may be kept by the drainage commissioners: 

1. Record of bonds issued. 

2. Assessment books. 

3. Petitions of owners of land to stay assessments, orders 
of commissioners thereupon, and other proceedings. 

4. State auditor's certificates of interest due on bonds. 

5. Tax lists showing pro-rata share of levy for bond inter- 
est (union and special districts only). 

1. Constitution of 1870, Art. IV, sec. .31. 

2. First amendment to the constitution, ratified November 29, 187S, incorpor- 
ated in the Constitution of 1870, Art. IV, .sec. 31:Ii. 1879, p. 124-39. 

3. I.. 1871-72, p. 356-58: B. S. 1874, p. 429; !•. 1875, p. 76, 77; I.. 1879, p. 120, 124. 
1.t5: L. 1885, p. 7.S. 93, 95, 110-15; !•. 1907. p. 275; !•. 1913, p. 261. 

4. 1.1879, I). 1,-,"; I.. 1885, p. 93, 04, 113. River districts, though not In this 
category, may be organized similarly and with like powers. !•. 1885, 
p. 106. 

5. .«5ee footnote 3. 

6. I.. 1879, p. 156; I.. 1885, p. 93, 95, 113. 

7. Ii. 1915, p. 390. The town clerk shall be clerk of the union drainage dis- 
tiirt. when the major portion lies in his town. 

S. I,. 1885, p. 95; I.. 1915, p. 390; Xi. 1919, p. 468. 
9. I.. 1885, p. 78, 104. 

— 18S — 



Oi'ainag'e ComniiEsionexs — (314, 315> 

6. Copies of reports to county court on conditions of dis- 
tricts and estimated expenditures; and to county treas- 
urer on delinquent lands; maps and plats, surveys and 
estimates; office transactions."' 
The first two records are required to be kept in separate books, 
the next three are generally known as the "Drainage Record"; and 
the remaining records are kept desultorily. 

County records are not kept for the drainage commissioners; such 
records are maintained by the individual township or townships com- 
prising a drainage district. 

For ledgers of drainage district transactions, see entries 253, 
268. 269. 

314. Draina-e Files, 1897—. 4 f.b. (15. 16, 127, 128). 

Drainage disti'ict organization papers including petitions, assessment 
rolls, oaths and bonds of commissioners, claims, jury instructions and 
verdicts, engineers' reports, papers of election of officers, tax levies, 
and court orders, Arr. by date of petition. For index, see entry 1. 
Hdw. and typed on pr. fm. 6 x 4 x 12. Common vlt., 1st fl. 

315. Drainage Record, 1897—. 2 v. (A, B). 

Record of proceedings of drainage commissioners, showing legal de- 
scription of lands, agreements and leases of right of ways, commis- 
sioners' reports to county court, tax schedules and levies, court orders, 
estimates, bids, and contracts for construction of levees and ditches, 
and date and place of meeting. Arr. by date of meeting. No index, 
Hdw. 318 p. 18 X 12 X 2. Common vlt., 1st fl. 



10. If, 1879, p. 120-.'54; I.. 1885, p. 78-104. 



—187— 



(Kext entry, p. 13S) 

XVIII. DEPARTMENT OF PUBLIC WELFARE 

Matters relating to public assistance and welfare in the county 
are handled by the department of public welfare, which was estab- 
lished in 1937 as successor to the county commission of public wel- 
fare.' This department consists of the superintendent of public wel- 
fare and a staff selected by him in accordance with, and subject to, 
the approval of the State Department of Public Welfare. 

The county board submits to the state department a list of five 
residents as candidates for the office of superintendent. An eligible 
list of these candidates is prepared by the state department by com- 
petitive examination and certified to the county board. The board 
in turn makes an order appointing one of the eligibles as superintend- 
ent of public welfare.' 

The superintendent is charged with all the executive and admin- 
istrative duties and responsibilities of the department of public wel- 
fare. He is subject to the rules and regulations of, and removal by, 
the state agency.' 

This officer has the power and it is his duty to: 

1. Have charge of and develop plans for the administra- 
tion of old age assistance. 

2. Investigate and study problems of assistance, correc- 
tion, and general welfare within his county. 

3. Cooperate with the State Department of Public Welfare 
in the operation of welfare plans and policies in his 
county. 

4. Maintain such records and file such reports with the 
State Department of Public Welfare as that department 
may require. 

5. Serve as agent and executive officer of the State Depart- 
ment of Public Welfare in the administration of all 
forms of public assistance administered by that depart- 
ment.' 

All the records of the county department are subject to the in- 
spection and supervision of the agents of this central authority. 

The department of public welfare administers old age assistance 
and is subject to the rules and regulations of the state department.* 
Upon receipt of an application the department makes an investiga- 
tion of the case. In the course of the investigation the department 
is allowed to hold hearings and compel the attendance of witnesses 
and the production of papers and books." 

Old age assistance records and accounts are kept as prescribed 
by the state department. All applications and records in these mat- 
ters are considered public records.' 

1. Z;. 1935-36, Fir.st Sp. Sess., p. 70-73; L. 1937, p. 451. 

2. Z.. 1937, p. 451, 452. 
:!. Ibid., p. 452. 

4. 1^.1935-36, Fir.'5t Sp. Sess., p. 72: L, 1937, p. 452. 

5. I.. 1935, p. 259, 260; It. 1935-36, Plrst Sp. Sees., p. 54, 55; 1.1937, p. 265. 
t). I.. 1935-36, First Sp. Sess., p. 57-59; I.. 1937, p. 267, 268. 

7. It. 1937, p. 268, 269. 

—188— 



department of Fnblic Welfare — (316-319) 

All records of the department of public welfare are kept in its 
offices on the second floor of the Old Bank Building, Hillsboro. 

316. (Card Record and Index to Files), 1936—. 3 f.b. 

Card record of old ag'e assistance applicants and index to (Old Age 
Assistance Files), entry 317; Deceased (Files), entry 318; and (Regis- 
ter of Old Age Assistance Applicants), entry 319, showing name and 
address of applicant, date and number of application, amount of 
assistance, and name of investigator. Arr. alph. by name of appli- 
cant. Hdw. on pr. fm. V/o x 4 x 11. 

317. (Old A^e Assistance Files), 1936--. 9 f.b. 

Case files of old age assistance applicants, including investigators' 
reports and recommendations, withdrawals, transfers, rejections, can- 
cellations, and state approvals, showing name, age, address, and finan- 
cial, marital, and health particulars of applicant, and date and 
amount of award. Arr. by application no. For index, see entry 316. 
Hdw. and hdw. and typed on pr. fm. 12 x 12 x 28. 

318. Deceased (Files), 1936—. 2 f.b. 

Case files of old age assistance recipients now deceased, showing re- 
port and recommendations of investigator, state approval, name, age, 
sex, and financial and marital particulars of client, amount of award, 
and date and cause of death. Arr. by application no. For index, see 
entry 316. Hdw. on pr. fm. 14 x 16 x 28. 

319. (Register of Old Age Assistance Applicants), 1936—. 1 v. 
Register of applications for old age assistance, showing name, ad- 
dress, sex, age. and financial particulars of applicant, application 
number, date of investigation, amount of award, and date of approval. 
Arr. by application no. For index, see entry 316. Hdw. under pr, 
hdgs. 200 p. 16 X 10 X V'o. 



— 189 — 



(320) 

XIX. COUNTY HOME 

One phase of public assistance is administered by the county 
home. All county poorhouses, poor farms, and institutions for the 
support and care of indigents in Illinois are known as county homes.' 
County poorhou.ses and farms have existed in this state under statu- 
tory provisions for nearly a century. The legislation creating these 
county establishments for the indigent has changed little since the 
original enactments. The county boards of the various counties may 
establish a county home and are granted the following powers: 

1. To acquire by purchase, grant, gift or devise, a suitable 
tract or tracts upon which to erect and maintain a 
county poorhouse and other necessary buildings, and 
for the establishment and maintenance of a farm for 
the employment of the poor. 

2. To receive gifts and bequests to aid in the erection and 

maintenance of the poorhouse, or in the care of the in- 
digent. 

3. To make rules and regulations for the same. 

4. To appoint a keeper of the poorhouse and aU necessary 
agents and servants for the management and control 
of the poorhouse and farm, and to prescribe their com- 
pensation and duties. 

5. To appoint a county physician and prescribe his com- 
pensation and duties. 

6. To appoint an agent to have the general supervision and 
charge of all matters in relation to the care and sup- 
port of the poor, and to prescribe his compensation and 
duties. 

7. To make the necessary appropriations for the erection 
and maintenance of the county home." 

Records of the county home are prepared and kept by the keeper 
(superintendent) of the home. He is required to keep an account 
showing the name of each person admitted to the county poorhouse, 
the time of his admission and discharge, the place of his birth, and the 
cause of his dependency. He is also required, at the same time each 
year, to file with the county clerk of his county a copy of this record 
together with the statement showing the average number of persons 
kept in the poorhouse each month during the year.' 

320. Almshouse, 1874--. 2 v. (1 not numbered, 1), Title varies: 
Almshouse Register, 1 v. not numbered, 1874-1927. 
Register of county farm inmates, showing name, sex, age, color, occu- 
pation, birthplace, residence, education, health, and habits of inmate, 
dates of admission and discharge, cause of poverty, and authority for 
admission. Arr. by date of admission. No index. Hdw. under pr. 
hdgs. 160 p. 18 X 16 X iy2- Kitchen, 1st fl., home of supt. of co. farm. 

1. I.. 1919, p. 699; Z.. 1935, p. 1058. 

2. I.. 1839, p. 139; B. S. 1845, p. 404, 405; 1^.1861, p. 180; B. S. 1874, p. 757; 
I.. 1917, p. 638: Z.. 1919, p. 698; I.. 1935, p. 1057, 1058. 

3. B. S. 1874, p. 758. 

_190— 



(Next entry, p. 193) 

XX. TUBERCULOSIS SANITARIUM BOARD 

In 1909 the powers of the county were extended to permit the 
establishment of a sanitarium for the care and treatment of county 
residents suffering from tuberculosis.' This provision was greatly 
amplified in an act of 1915 which described in detail the conditions 
necessary to the establishment of such an institution and the manner 
in which it was to be supported, managed, and controlled.' 

The act provided that whenever one hundred legal voters in a 
county should petition the county board to levy a tax for the estab- 
lishment and maintenance of a tuberculosis sanitarium, the board 
was required to submit the question to the voters of the county at the 
next regular general election. A favorable majority of all votes cast 
upon the proposition was necessary for adoption.' In the original 
legislation of 1915 the amount of the tax levy was limited to not more 
than three mills on the dollar annually on all taxable property in the 
county.' This limit was lowered in 1923 to two mills,' and further 
reduced in 1929 to one and one-half mills," the present statutory re- 
quirement. The money thus received was to be set apart in a special 
Tuberculosis Sanitarium Fund.' 

The management of the sanitarium was vested in a board of 
three directors appointed by the president or chairman of the county 
board with the approval of that body. The directors were to serve 
for three years.' Vacancies on the board were to be filled in the 
manner in which the original appointments were made. Immediately 
after their appointment, the directors were required to meet and elect 
from their number a president, secretary, and such other officers as 
they might deem necessary.'' The Montgomery County electorate 
voted on November 2, 1920,'" for the levying of a tax to establish such 
an institution; the first board of directors was appointed on June 
13, 1921." 

Today the powers and duties of the board of directors are essen- 
tially the same as in 1915. The directors have been given broad 
powers in the control and management of any sanitarium, all dispens- 
aries, or auxiliary institutions and activities established or carried 
on under the provisions of the act of 1915 and subsequent legislation.'- 
They are granted exclusive control of the expenditure of all moneys 



1. J.. 1909, p. 162. 

2. Ii. 1915, p. 346-49. 

3. Ibid., p. 346, 347. 

4. Ibid., p. 346. 

5. 1. 1923, p. 302. 

6. Ii. 1929, p. 304. 

7. Zi. 1915, p. 346; 1^.1923, p. 302; !•. 1929, p. 304, 305. 

8. The first three directors, however, were required to serve for irregrular 
terms of one, two, and three years in order to permit the appointment 
of one new director annually. The particular term each director was to 
serve was decided by lot (£.1915, p. 347). 

9. 1^.1915, p. 347. 

10. Supervisors' Record, v. G, p. 383. 

11. Ibid., p. 417. 

12 li. 1915, p. 346-49; L. 1923, p. 302, 303; I.. 1929, p. 304, 305. Cf. B. S. 1937, 
p. 956-59. 

—191— 



Tuberculosis Sanltariuiu Boarl — 

collected to the credit of the fund and may receive, in the name of 
the county, contributions or donations to the sanitarium of money 
or property. Persons desiring to make a donation, bequest, or devise 
of any money, personal property, or real estate may vest the title to 
such property in the board of directors who, upon acceptance, hold 
and control it and act as special trustees. Otherwise, all moneys 
received for the use of the sanitarium are deposited in the county 
treasury within a month after their receipt, to be drawn upon only by 
the proper officers upon presentation of properly authenticated 
vouchers of the board of directors. When such a deposit is made the 
board is required to secure a receipt from the treasurer." 

Since 1923, to insure greater working efficiency, counties main- 
taining tuberculosis sanitariums have been permitted to convey prop- 
erty to any adjacent county or counties upon such terms and condi* 
tions as the respective county boards agree on by a majority vote of all 
members of each board. In the same year it was also provided that 
counties without public tuberculosis facilities might use funds secured 
for that purpose to give patients sanitarium care in private or public 
sanitariums of the state." The Tuberculosis Sanitarium Fund of 
Montgomery County is distributed under this latter provision, as no 
county sanitarium is maintained. Patients are sent to St. John's 
Sanitarium, Riverton. in Sangamon County. 

The directors are required to return to the county board monthly 
a list of the names of all persons making contributions and donations, 
the amount and nature of the property so received, and the date of 
its receipt. On or before the second Monday in June in each year, 
the directors make an annual report to the county board, stating the 
condition of their trust on the first day of June, the various sums of 
money received from all sources and how and for what purpose ex- 
pended, the number of patients, and other pertinent statistics, in- 
formation, and suggestions." 

Records of monthly and annual reports to the county board are 
kept with other committee reports in the supervisors' records, see 
entries 2 and 3. 



13. £.1915, p. 347-49. 

14. Ii. 1923, p. 303. 

15. 11.1915, p. 348, 349. 



— 198 — 



(321) 

XXI. COUNTY MINE INSPECTOR 

Legislation in regard to health and safety in the mining industry 
originally made the county surveyor ex-ofRcio inspector of mines.' As 
such inspector he was to be assisted by a practical miner, to act under 
oath, and to receive a salary fixed by the county board and paid out 
of the county treasury. His duties were to see that safety measures 
were observed in the mines and to collect facts relative to coal mining 
and mining land. The inspector reported to the Governor annually 
on the condition of mines in regard to safety and ventilation and the 
result of examination of causes of accidents. 

In 1877 the legislature authorized the county board, in each county 
in which mining is carried on, to appoint an inspector of mines." 
This county inspector, who had to give evidence of practical mining 
experience, was required to take an oath of office, and to furnish 
a bond to the county board in an amount fixed by the latter body. 
The amount of the bond was fixed in 1879 at not less than $1,000 nor 
more than $3,000." Where a competent inspector was not appointed, 
or where the inspector did not properly perform his duties, then the 
circuit judge, at the request of ten citizens of the county, and upon 
proper proof of incompetency, was empowered to remove the inspector 
and appoint a properly qualified person to act during the unexpired 
term.' 

The State Mining Board was created in 1899, and the state divided 
into seven inspection districts, with a State Inspector of Mines in 
each.' The county was also fitted into this new organization with 
the requirement that the county board appoint a county inspector of 
mines upon the written request of the state inspector for the district 
in which the particular county was located.*^ The intention of the 
legislature to maintain centralization in mine inspection was indicated 
by this statute which made the county inspector an assistant to the 
state inspector. In accordance with this act, a county mine inspector 
was appointed in Montgomery County in 1902.' 

Provision was made in 1915 for petition by the state inspector to 
the county court upon failure of the county board to appoint a suit- 
able county mine inspector.' If necessary, the court will appoint an 
inspector, and order the county board to appropriate money for his 
compensation. This provision was recently reenacted.' 

321. Mine Examiner's Reports, 1938—. 1 v. 
Copies of county mine inspector's reports to county board, showing 
name of mine and owner, location and class of mine, detailed findings, 
recommendations, and dates of inspection and report. Arr. by date 



1. 


■U. 1871-72, p. 572. 


2. 


J., vail, p. 141, 142. 


3. 


L. 1879, p. 208. 


4. 


Ibid., p. 209. 


5. 


L. 1899, p. 306. 308. 


6. 


Ibid., p. 314, 315. 


7. 


Supervisors' Record, 


S. 


J.. 1915, p. 509, 510. 


9. 


I.. 1939, p. 727. 728. 



V. F. p. 10! 



— 193 — 



C8sa) 

of report. No index. Hdw. 75 p. 8 x 12 x y^. Off. of co. mine in- 
spector, residence, 833 Anna Street, Hillsboro. 

322. (Abandoned Oil Well Reports and Plugging Reports), 1938—. 
1 V. 
Copies of mine inspector's oil well and oil well plugging reports to 
county board, showing name of operator, legal description of lands, 
exact location, production and depth of well, type of plugging material 
used, and dates of plugging, inspection, and report. Arr. by date of 
report. No index. Hdw. 125 p. 8 x 12 x 1. Off. of co. mine inspector, 
residence, 833 Anna Street, Hillsboro. 



—194— 



CHRONOLOGICAL INDEX 



(All figures refer to entry numbers; bold type 

indicates the ending of a record in the 

decade under which it is listed) 

1810-1819 

New Records 
87, 88 

1820-1829 

New Records 

1-3, 8-10, 22, 23, 33, 53, 55, 56, 73, 74, 85, 90, 106, 153-157, 191, 192, 
209, 210, 213 

Records Beginning In Preceding Decades 
87, 88 
1830-1839 

New Records 
86, 89, 158, 200, 278, 279, 313 

Records Beginning In Preceding Decades 

1-3, 22, 23, 33, 53, 55, 56, 73, 74, 85, 87, 88, 90, 106, 153-157, 191, 192, 
209, 210, 213 

1840-1849 

New Records 

13, 27, 30, 159, 190, 214, 277 

Records Beginning In Preceding Decades 

1-3, 22, 23. 33, 53, 55, 56, 73, 74, 85-87, 88, 89, 90, 106, 153-158, 191, 
192, 200, 209. 210, 213, 278, 279, 313 

1850-1859 

New Records 

25, 34, 39. 42, 44. 59, 96, 97, 115, 117, 125, 126, 160-162, 166, 168, 171, 
173, 174, 178, 182, 183, 201 

—195— 



Records Beginning In Preceding Decades 

1-3, 13, 22, 23. 27, 30. 33, 53. 55, 56, 73, 74. 85-87. 89. 90. 106, 153- 
159, 190-192, 200, 210. 213, 214. 277, 278, 279, 313 



1860-1869 



New Records 



5. 40, 70. 71, 91, 92, 99, 104, 148, 150, 151, 157. 181, 185. 186, 193. 
223, 254, 256, 282 

Records Beginning In Preceding Decades 

1-3, 13, 22. 23. 25,27,30, 33, 34,39, 42, 44,53, 55, 56. 59,73,74,85- 
87 89. 90. 96, 97. 106, 115, 117, 125, 126, 153-162, 166, 168, 171, 173. 
174, 178, 182, 183, 190-192. 200, 201, 209, 210, 213, 214, 277, 279, 313 

1870-1879 

New Records 

6, 24 26. 28. 37. 41, 45-51,61,65, 69, 78. 83, 98, 103,116, 118-124, 
128. 133. 135. 136, 138, 139, 141. 142, 145, 163, 167, 169, 170. 184. 194, 
195. 198, 215, 216. 220, 222, 224. 226, 229, 243, 244, 320 

Records Beginning In Preceding Decades 

1-3. 13. 22. 23,25,27, 30,33,34,39, 40, 42, 44.53. 55, 56.59, 70,73, 74, 
85. 86. 87, 89-92, 96, 97, 99, 104, 106, 115, 117, 125, 126, 148, 150, 151, 
153-162, 166, 168, 171, 173, 174, 178, 181-183, 185, 186, 190-193, 201 
209. 210. 213, 214.223,254,256. 282,313 

1880-1889 

New Records 

29, 38, 43, 66, 79, 80, 102, 107, 140, 149, 152, 175-177, 187, 206, 208, 
211, 217, 227. 228, 248, 253, 255, 257, 259 

Records Beginning In Preceding Decades 

1-3, 6, 13. 14, 22, 30, 33, 34, 37, 39, 40, 42, 44-51. 53, 55, 56. 59. 61, 
65, 69, 73, 74, 78, 83, 85, 86, 89-92, 96-99, 103, 104, 106, 115, 117- 
126, 128, 133, 135, 136, 138, 139, 141, 142, 145, 148, 150, 151, 153- 
163, 166-171, 173. 174. 178, 181-186, 190-195, 198, 200, 201, 209, 210, 
213, 214-216, 220, 222-224, 229, 243, 244, 254, 256, 282, 313, 320 

1890-1899 

New Records 

54, 58, 63, 64, 72, 76, 81, 82, 84, 93, 105, 129, 137, 143, 219, 232, 240 
268, 314, 315 

— ise— 



Records Beginning In Preceding Decades 

1-3, 6, 13, 14, 22-29, 33, 34, 38, 42-51, 53, 55, 56, 59, 61, 65, 66, 69, 
73, 74, 78-80, 83, 85, 86, 89-91, 93, 96-99, 102-104, 106, 107, 115, 
117-126, 128, 133, 135, 136, 138, 140-142, 148, 149, 151-163, 166-171, 
173-178, 181-183, 184, 185-187, 190-195, 198, 200. 201, 206, 208, 211. 
214-217, 220, 222-224, 227-229, 244, 248, 253, 255-257, 259, 282, 313, 
320 

1900-1909 

New Records 

4, 18, 32, 35, 62, 94, 101, 144, 164, 165, 197, 269, 270 

Records Beginning In Preceding Decades 

1-3, 6, 13, 14, 22-29, 33, 34, 38, 42-51, 53, 55, 56, 59, 61, 63, 64-66, 
69, 72, 73, 74, 76, 78-86, 89-93, 96-99, 102-107, 115, 117-126, 123, 
129, 133, 135-137, 140, 141-143, 148, 151, 152, 153-163, 166-171, 173- 

178, 181, 182, 183, 185-187, 190-195, 198, 200, 201, 206, 208, 211, 214- 
217, 220, 222-224, 226-229, 232, 240, 243, 244, 253-255, 256, 257, 259, 
268, 282, 313-315, 320 

1910-1919 

New Records 

12, 15-17, 31, 36, 60, 67, 68, 75, 100, 108, 109, 112, 113, 114, 127, 146, 

179, 188, 189, 207, 221, 231, 245, 249-252, 258, 260, 261, 267, 286, 287 

Records Beginning In Preceding Decades 

1-4, 6, 13, 14, 18, 23, 29, 32-35, 38, 42-46, 47, 43. 49. 50, 51, 53-55, 
59, 61, 62, 64-66, 69, 74, 76, 78-86, 89-94, 96, 97, 98, 99, 101-107, 115, 
117-120, 121, 122-126, 128, 129, 133, 135-137, 141-143, 145, 153- 
171, 173-178, 181, 182, 185-187, 190-195, 197, 193, 201, 206, 208, 211, 
214-217, 220, 222, 223, 226-229, 232, 240, 243, 244, 253-255, 257, 259, 
268-270, 282, 313-315, 320 

1920-1S29 

New Records 

11. 21. 77, 110, 111, 130-132, 134. 172, 196, 199. 212, 218. 225, 233, 
234, 236-238, 241, 246, 247, 265, 266, 273, 275, 283, 296-298, 300, 304, 
307, 309 

Records Beginning In Preceding Decades 

1-4, 6, 12, 13, 14-18, 23-29, 31-36, 38, 42-46, 48, 49, 51, 53-56. 59-62, 
64, 65, 66, 67, 74-76, 78-86, 89-94, 93, 97, 99-109, 113, 115, 117-120, 
122-129, 135, 136, 137, 141-143, 145, 153-171, 173-179, 181, 182, 185- 
195, 197, 198, 201. 206-208, 211, 214-217. 219-224, 22G-229, 231, 2;i:?, 
240, 243-245, 249-252, 253, 254, 255, 257-261, 268-270, 282, 286, 287, 
313-315, 320 

— 1C7 — 



1930-1939 

New Records 

7, 19, 20, 52, 57, 95, 147, 180, 202-205, 230, 235, 239, 242, 262-264, 
271, 272, 274, 276, 280, 281, 284. 285, 288-292, 293, 294, 295, 299, 301- 
303, 305, 306, 308, 310, 311, 316-319, 321, 322 

Records Beginning In Preceding Decades 

1-4, 6, 11, 12, 14-18, 21, 23-29, 31, 32, 33, 34-36, 38, 42-46, 48, 49, 
51, 53-56, 59-62, 64, 65, 74-86, 89-94, 96, 99-111, 115, 117-120, 122- 
132, 134, 137, 141-143, 145, 153-155, 156, 157-179, 181, 182, 185-196, 
197, 198-200, 201, 206-208, 211, 212, 214-224, 225, 226-229, 231, 233. 
234, 236-238, 240, 241, 243-246, 249-252, 254, 255, 257-261, 265, 266. 
268-270, 273, 275, 282, 283, 286, 287, 296-298, 300, 304, 307, 309, 313- 
315, 320 

No Dates 

312 



— 19S — 



(Aba-Ame) 



SUBJECT INDEX 



(Figures in bold type refer to page numbers; others to entry numbers) 



Abatement 
lists 
personal property, 36, 250 
real estate, 36, 249 
mosquito, districts, 47 
Abbreviations and symbols used in 

inventory, 78, 79 
Abstracts 
of assessments, 27, 31 
of footings, collector's 245 
of tax collections, 34, 35 
of title, recording of, 110 
of votes, 76 
Accoucheurs 
See also Midwife 
register of, 69 
Accounts 

of county funds 
audits of, 32, 87 
collector's, with school treas- 
urers, 244 
county board of supervisors, 2 
examination of, 87 
treasurer's, 255, 256 
of distributive funds, 275 
estates, 154, 156 
ledger of, 157, 173 
guardians', 157, 174 
inheritance tax, 261 
of institute funds, 257 
of motor fuel tax allotments, 

263, 303 
of non-high school funds, 258 
of officers, 32, 87 
pauper, 3 

school commissioners', 278 
Adams Street (Litchfield) sewer 

improvements, 85 [x] 
Administrator 
See also Estate; Executor; Pro- 
bate court; Will 
accounts, 154 
bonds, 154, 157, 161, 163 

to sell real estate, 157, 164 
de bonis non, 157, 163 
fee book, 157, 185 
inventories, 154, 157, 166 



letters, 90, 91, 154, 157, 161, 163 
oaths, 154, 157, 161, 163 
petitions, 154, 157, 161, 163 
public, 130 
record, (bonds, letters, oaths, 

petitions), 157, 161 
reports, 154 
final,177 
record, 157, 175 
with will annexed, 157, 163 
Adoptions 
See also Juvenile 
fees in, register of, 141, 143 
jurisdiction in, 118 
papers, 85, 128 
Adult probation officer, see Pro- 
bation 
Advertiser, The, 28 
Affidavits 
in adoption cases, 85, 128 
of blind pension applicants, 17 
in juvenile cases, 118, 129 
of mailing and posting notices, 

85 [X] 
recorded, 90, 91 
for tax deeds, 42, 43, 85 [i] 
witness 
circuit court, 191 
county court, 118, 122 
Agreements, railroad, 107 
Agricultural 
products, 18, 19 
statistics, 58 
Alexander, John, early settler, 10 
Aliens, see Naturalization 
Allotments, motor fuel tax, 20, 263, 

303 
Almshouse,, see .County .farm; 
County home; Poor; Pub- 
lic welfare; Relief 
Alton, 17 
American 
relations with Indians,4 
settlements in Illinois, descrip- 
tion of, 6, 7 
settlers, attracted to French vill- 
ages,6 



—199— 



(Ame-Big) 



American Bottoms, 6 
Anderson, Robert, retail license is- 
sued to, 19 
Anson County (North Carolina), 

11 
Anti-Monopolist, The, 27 
Appeal 
bonds 
circuit court, 191 
county court, 122 
in circuit court, 38, 122, 140, 141, 

191 
in county court, 38, 118, 122, 117, 

118 
from justice courts, docket of, 
201, 212 
Applications 
for blind benefits 
original, 17 
register of, 15 
for certificates of moral char- 
acter, 85 [iil 
for marriage licenses, 53, 54 
for mothers' pensions, 85 [vii] 
for old age assistance register 

of, 319 
for probate of will, 157, 159 
for registry of farm names, 113 
for tax deeds, 42 
Appointment 

of county officers, see under ti- 
tle of officer 
in probate, see under title of ap- 
pointee 
Appraisal, estate, 154, 156 
Appraisement records, 157, 168 
Appraisers' reports, inheritance 

tax, 260 
Appropriations for county funds, 

87 
Architect 
licenses, 63 

state, inspection of school build- 
ings, 43, 46, 174 
Armstrong, Aaron, chosen to lo- 
cate county seat, 12 
Army, see Soldiers 
Articles, see Incorporation 
Assessments 
See also Tax 
drainage district, required to be 



kept, 186 

supervisor of, see Supervisor 
Assessor 
county, see Supervisor of Assess- 
ments 
district, 33, 94n 
township 
bonds, 78, 81, 85 [viiil, 161 
duties, 33, 94, 161 
election of, 33, 161 
register of 59, 60 
Assignments of mortgage, 90, 91, 

96, 100 
Associate justices, roster of, 54 
Attachments, circuit court, 191 
Attorney 

circuit, 40, 158 
receipts for documents, 226 
state's, see State's attorney 
Auditing of county funds, 32, 87 
Audubon Township, 15 
Awards, widow's, see Widow 
Bail bonds 
original, 191 
record, 145, 146 
Ballots, see Election 
Bangs, C. L., newspaper publisher, 

27 
Bangs, E. T., newspaper publisher, 

27 
Bank deposit slips, 274 
Baptist Church 
first protestant church in 

county built by, 24, 
and Mehodists, first protestants 
in state, 24 
Bar dockets 

circuit court, 213 
county court, 139 
Barnett, 25 

Bear Creek, early Presbyterian 
church established at, 24 
Beatty, John H., chairman of 

county board, 15 
Beck, John, early commissioner, 13 
Berry, Elijah C, chosen to locate 

county seat, 12 
Berry, James M., appoointed to di- 
vide county into town- 
ships, 15 
Big Four Railroad, see Terre 



— 200- 



<BiI-Bri) 



Haute and Alton 
Bills 

against county, 2, 3 

filing of, 88 
sale, estates, 154, 156 
true, see Indictment 
Births, see Vital statistics 
Black, H. H., and Company, 63 
Blackman, O., county farm pur- 
chased from, 26 
Blind 
examiner, see Examiner 
pensions, see Pension 
relief, see Relief 
Board 
county, see Commissioners, 
county board of; Commis- 
sioners' court, county; 
County court; Supervisors, 
county board of 
of health, see Health 
of review, see Review 
school, see School 
of supervisors. County, see Su- 
pervisors 
Bois D'Arc Township, 15 
Bond, Shadrach, first governor of 

Illinois, 11 
Bond County, 3, 17 

Montgomery as part of, 6 
Bond issue 
drainage district, record, requir- 
ed to be kept, 186 
for railroad, releases of, 107 
register of, 18 

state, highways in county, 17 
Bonds 
appeal 
circuit court, 191 
county court, 122 
assessors' 
county, 161 

township, 78, 81, 85[viii], 161 
bail, 145, 146, 191 
circuit clerk's, 3, 78. 85[viii], 143 
clerk's, township, 85[viii] 
collectors' 
county, 165 

deputy, 3, 78 
township, 85[viii] 
constables', 78, 79, 85[viii], 96 



contractors', 299 
coroner's, 3, 78, 156 

deputy, 156 
county clerk's, 3, 78, 85[viii], 93 

deputy, 3, 78 
in county court, 118 
county judge's, 85[viii] 
drainage commissioners', 314 . . 
highway superintendent's, 3, 78, 

85[viii] 
justice of the peace, 78, 80, 

85[viii] 
master-in-chancery, 221 
mayors', 85[viii] 
officers' 
county, 221 

required to be kept, 96 
police magistrates', 85[viii] 
of probate appointees, 130 
See also under title of ap- 
pointee 
receivers', 221 
recognizance 
circuit court, 191, 192. 222 
county court, 122, 145 
recorder's, 109 
school superintendent's, 3, 78, 

85[viii] 
sheriff's, 3, 78, 85[viii], 153 

deputy, 3, 78 
state's attorney's, 3, 78, 85[viii], 

158 
supervisors' 
of assessments, 78, 81 
township, 3, 78, 85[viii] 
treasurers' 

county, 3, 78, 85[viii] 169, 221 
township (school), 105, 296 
trustees', 221 
Bostic, Ezra, early settler, 11 
Bostic settlement, 10 
Bounty 
crow, hog, and sparrow, claims 

for, 85 [ix] 
wolf, claims, 2, 5 
Bradford, David, early settler, 10 
Brandywine, battle of, 10 
Briane, Henry, early settler, 11 
Bridge.see Transportation 
British, 7, 10 
acquire Northwest from French, 



— 201 — 



(Bro-Cir) 



domination of Illinois, 5 
relations with Indians, 5 
Brock and Martin, 64 
Brockman, Thomas, early settler, 

11 
Brown, George W., 64 
Budget, county, 2, 3 
Bug River drainage district as- 
sessments 
receipts and expenditures of, 268 
statements of, 253 
Bulletin, The, 28 
Butler, Israel, early settler, lo 
Butler Township, 15 
Cahokia, 4 
Canada, 4 

Canals, see Transportation 
Card, James, early setler, 10 
Case, Aaron, early settler, 10 
Cash books, see Accounts; Fees; 
Fund; Receipts and ex- 
penditures 
Census, school, reports, 291 
Certificates 
See also License 
accoucheurs', register of, 69 
of appointment 
board of review members, 

85[iv] 
deputy county officers, 85[iii] 
birth, 45 
record of, 46 
index to, 47 
for citizenship,see Naturaliza- 
tion 
death, 48 
record, 49 

index to, 50 
veterans', 52 
dentists', register of, 65, 66 
of discharge, soldiers', 109 
jury 
cancelled, 11 

lists of, 2, 14, 85 
coroner's, stub record, 235 
of levy, sheriff's, 104, 230 
marriage, 90, 91 

of medical examination of mar- 
riage applicants, 57 
midwives', 61 



of moral character, applications, 

for, 85 [ii] 
nurses', register of, 65, 67 
optometrists', register of, 68 
patent (inventions), 70 
physicians', 61, 62 

register of, 65, 69 
of purchase to swamp land is- 
sued by drainage com- 
missioners, 46 
recording of, 95, 110 
of redemption and sale 
master's, 103, 104 
sheriff's, 103, 104 
stallion, 72 
register, 112 

renewal of, register, 112 
stillbirth, 48 
surgeons', 61, 62 
of tax levies, 2, 25 
teachers' 

issuance of, 43, 43n 
register of, 284 
veterinarians', 64 
Chancery 
See also Circuit court; Master-in- 

chancery 
jurisdiction, 35, 141 
Charleston (South Carolina), 10 
Chattel 
See also Personal property 
liens on, 110 
mortgages, see Mortgage 
Checks, cancelled, 273 
Cherokee Indian country, 11 
Chicago, Burlington and Quincy 

Railroad, 18 
Children, see Juvenile 
Christian Church, see Disciples of 

Christ 
Christian County (Dane), 3, 6, 12, 

13, 18 
Church 

See also under name of denomi- 
nation 
factor in social development of 

county, 25 
protestant, first in county, 24 
Circuit attorney, 40, 158 
Circuit court 
appeals to, 38, 122, 140, 141 



—202— 



(Cir-Cla) 



branches, 141 
clerk 
appointment of, 38, 143 
bonds, 3, 78, 85[viii], 143 
deputies, 143 
docket, 200 
duties, 142, 143 
election of, 38, 142, 143 
ex-officio recorder of, 44, 109 
oath, 143 

office, location of, 64 
pro-tempore, appointment of, 

143 
receipts and expenditures, re- 
gister of, 224 
records kept by, 143, 144, 187- 
226 
legislation concerning, 50 
roster, 57 
term of office, 143 
dockets 
bar, 213 

chancery, 200, 201, 203, 205 
common law, 200, 201, 202, 205 
criminal, 200, 201, 204, 205 
execution, 208, 210 
general, 206 
grand jury, 206, 207 
judge's, 201-205 
judgment, 208, 209 

and execution, 208 
justice of the peace, 201, 212 
lien, 211 
early sessions ,informality of, 14 
fee books (court costs) 
chancery, 214 
common law, 214, 216 
criminal, 214, 215 
justice of peace, 214, 215, 217 
files 
chancery, 191 

index to, 189, 190 
common law, 191 

index to, 188, 190 
criminal, 191 

index to, 187, 190 
of original documents to be 
kept, 144 
judge, 35, 37, 140, 141 
dockets, 201-205 
first incumbent, 14 



jurisdiction and functions of 
35-37, 140-143 

plaintiff-defendant index, 187- 

190 
records 
chancery, 192, 193 
index to, 189, 190 
common law, 192 

index to, 188, 190 
criminal, 192, 194 

index to, 187, 190 
divorce, 192, 193 
foreclosure, 192, 193 
indexes to, 187-190 
indictment, 197 
judgment, by confession, 192, 

196 
kept by clerk, 143, 144 
of partition suits, 192, 193 
praecipes for execution, 195 
probation, 192, 194 
recognizance, 192, 222 
trusteeships, 192, 193 
reports 

keeping of, 144 
master-in-chancery, to, 220 
state's attorney's, to, 220 
transcripts of judgments 
foreign, 192, 199 
justice of peace, 192, 198 
Cities 

See also under names of individ- 
ual cities 
tax levies, see Tax 
Civil 
cases 

See also Common law under 
Circuit court. County 
court 
jurisdiction in, 35, 37, 117, 140 
service rules record, 82 
War enrollment record, 71 
Claim 
against county, 2 
auditing of, 32, 87 
register of, 3, 4 
for crow bounties, 85 fix! 
against dog tax fund, 265 
in drainage proceedings, 314 
against estates 
files, 154, 156 



— 203 — 



(Cla-Com) 



judgments on, dockets of, 182 
record, 157, 158 
against highway fund, 304 

register of, 307 
for hog bounties, 85 [ix] 
against motor fuel tax fund, 305 

register of, 308 
for sheep damages, 265 

record of payments, 266 
for sparrow bounties, 85 [ix] 
for state aid for schools, 280 
for wolf bounties, 2, 5 
Clapp, Aaron, first newspaper edi- 
tor in county, 27 
Clark, George Rogers, captures 
Kaskaskia from British, 5, 
6 
Clear Spring, Baptist Church first 

established at, 24 
Clerk 
county, see County clerk 
of courts, see under name of 

specific court 
of election, see Election 
township, see Township 
Cleveland, Cincinnati, Chicago 
and St. Louis Railroad, 18 
Coal mines in county, 3 
location of, 20 
output of, 3, 20 
Coffeen, 18 
Coffey, Newton, donated site for 

county seat, 12 
Collection of taxes, see Tax 
Collector 
county 
abstract of footings, 245 
accounts 
with county clerk, 166 
with school treasurers, 244 
appointment, 34, 165 
bond, 165 

books (lists of taxable pro- 
perty), 34 
collection 
memoranda of, 248 
record, 243 
statements on, 246 
county treasurer, ex-officio, 

34, 165 
deputy, bonds, 3, 78 



duties and functions of, 34, 35, 

165, 166 
receipts, 242 

records kept by, 179, 241-253 
roster, 57, 60, 61 
settlement 
record, 243 
statement, 165 
sheriff's early duties as, 34, 165 
165 
township 

abolition of office, 34, 165 
^— , bonds, 85[viii] 
duties of, 34, 165 
election of, 34, 165 
register of, 59, 60 
Commission 
insanity, reports of, 125 
for local improvements, appoint- 
ment of, 85[x] 
register of, 59 
welfare, county, 188 
Commissioner 
county 
board of 

See also Commissioners' 
court, county; County 
court; Supervisors, county 
board of 
legislation, establishing, 15 
32, 85 
court 
See also County court; Su- 
pervisors, county board of 
clerk, 30, 38, 87 
duties and powers, 13, 14, 30, 
32, 33, 34, 41, 42, 44, 83, 85, 
86 
early sessions of 13, 83 

informality of, 14 
first administrative body, 30, 

83 
members 
compensation of, 83 
election of, 30, 83 
term of, 83 
probate jurisdiction in, 36, 

38 
reports to, 279 
succeeded by county court, 
15, 31, 84, 86 



—204- 



<Co3n-C<;uJ 



drainage, see Drainage 
highway, see Highway under 

Transportation 
school, see School 
special 
to divide county into town- 
ships, 15 
to locate county seat at, 11, 12 
Committees, county board of su- 
pervisors, reports, 2, 3 
Common law 

jurisdiction, 35, 36, 37, 117, 140 
records, see Circuit courts 
County court 
Complaint 
in courts, 118, 129 
docket, tax, 240 
Confession, judgment by, record 

of, 192, 196 
Congregational Church combined 

with Presbyterians, 24 
Connecticut, 7 
Conservator 
See also Estate; Guardian; In- 
sanity; Probate court 
accounts current, 154, 156 
bonds, 154, 156, 157, 162, 165 
to sell real estate, 157, 164 
fee books, 157, 185, 186 
files, 154, 156 

index to, 153 
inventories, 154, 156, 157, 166 
letters, 90, 91, 154, 156 
oaths. 154, 156 
petitions, 154, 156 
record (bonds, letters, oaths, pe- 
titions), 157, 162, 165 
reports, 154, 156 
record, 157, 176 
Constables 
appointment of, 39 
bonds of, 78, 79, 85[viii] 

kept by county clerk, 96 
duties of, 39, 41 
election of, 39 

register, 59, 60 
oaths of, 96 
Construction, see Bridge and Road 

under Transportation 
Continental Army, veterans of, 
settled in county, 10, 11 



Continental Congress, Virginia 

cedes Illinois country to, 5 

Contractors' bonds and notices, 

299 
Contracts 
county 
authority to make, 87 
notices of letting, 311 
court house, 16 

highway, required to be kept, 
181 
Conveyances 

See also Deeds; Mortgage 
entry book of land, 88 
Coolidge, H. A., newspaper editor, 

28 
Coroner 
bonds. 3, 78, 156 
creation of office, 40 
death register, 234 
deputies, 156 

duties and powers of, 40, 41, 156 
election, 40, 156, 156n 
inquests 
papers, 219 
procedure, 40, 41, 156 
record, 233 
jury certificates, stub record, 235 
oath, 156 

office, location of, 65 
records kept by, 156, 233-235 
roster, 58, 59 
term of office, 156, 156n 
Corporation 
See also Incorporation 
tax levies, see Tax 
Correspondence 
county board of supervisors, 2 
county superintendent of high- 
ways, 299, 311 
Cost, court, see Fee book under 

name of specific court 
County board, see Commissioners, 
county board of; Commis- 
sioners' court, county; 
County court; Supervisors, 
county board of 
County clerk 
bonds, 3. 78, 85[viii], 93 
cash book, 84 
commissions, register of, 59 



—205 — 



(Cou) 



creation of office, 31 
deputy, bonds, 3, 78 
duties and functions 
in custody of records, 88, 94-97 
in election procedure, 49, 96, 

120, 121 
in entering bonds of officials, 

93, 96 
ex-officio clerk 
of board of review, 34 
of county board, 88, 97 
of county court, 88, 93, 122 
of special drainage districts. 
186 
in issuing of licenses, 93, 9'j 
in keeping of vital statistics, 

48, 94, 95 
in regard to public health, 47 
in taxation procedure, 34, 35, 
47, 94, 165, 166 
election of, 31, 93 
establishment of office, 93 
files, miscellaneous, 85 

index to, 1 
ledger. 83 
oath, 93 

office, location of, 64 
receipts and expenditures 
cash book, 84 
ledger, 83 
records kept by, 25-85 

legislation concerning, 49 
reports 
collector's, to, 35 
to county board, 21 
to State Department of Pub- 
lic Health, 47 
roster of, 56 
term of office, 93 
County collector, see Collector 
County commissioners, see Com- 
missioners 
County court 
acting as early administrative 
body 
composition of. 15, 31, 84, 117 
early sessions, 84 
establishment of, 15, 93, 117 
members 
compensation. 84, 117 
election of, 84, 117 



term of office, 84, 117 

power and jurisdictiion, 117, 
118 

succeeded by board of super- 
visors, 31, 117 

succeeding county commis- 
sioners' court, 15, 31. 84 

supervision over roads and 
bridges, 45, 180 
appeals 

to higher court, 122 

from lower court, 37, 38, 117, 
118 
clerk of 

bond, 93 

county clerk, ex-officio, 38, 88, 
122 

duties, 38, 88, 93, 122 

election of, 93 

establishment of office, 31, 88 

as ex-officio clerk of probate 
court, 38, 97, 131 

roster, 56 

term of office, 93 
dockets 

bar, 139 

common law, 130, 131, 133 

criminal. 130, 132, 133 

execution, 134, 136 

fines. 138 

insanity, 137 

judgment, 134, 135 
and execution, 134 

justice of the peace, 140 

naturalization, 151, 152 
establishment of, 37, 117 
fee books (court costs) 

common law, 141 

criminal, 141, 142 

miscellaneous, 141, 143 
files 

adoption, 85, 128 

common law, 118 

criminal, 122 

index to, 117 

insanity, 125 

juvenile, 118, 129 

of original documents, 123 
judge 

bonds, 85[viin 

commissions, register of, 59 



— 206 — 



(Cou-Cka) 



dockets, 130, 133 
election of, 37, 84, 117 
£x-officio probate judge, 118 
first incumbent, 15 
as justice of the peace, 37 
oath. 117 
roster, 54 
salary, 84, 117 
term of office, 84, 117 
jurisdiction and functions of, 37, 
117-122 
in juvenile cases, 118, 119 
in mothers' pension cases, 48, 

118, 119, 120 
in naturalization procedure, 
118 
loss of, 38 
in probate matters, 37, 118, 130 
over swamp lands, 46 
plaintiff-defendant index, 117, 

120, 122, 124 
records 

bail bond, 145, 146 
common law, 119 

index to, 120 
criminal, 123 

index to. 124 
default, 119, 121 
feeble-minded, 126, 127 
insanity, 126 
plaintiff-defendant index to, 

120, 124 
probation, 123. 147 
recognizance, 145 
reports 
justices', to, 85[v] 
state's attorney's, to, 2, 85, 144 
warden's keeping of, 123 
succeeded by board of supervi- 
sors. 31 
succeeding county commission- 
ers' court, 31 
County farm 

See also County home; Public 
welfare; Relief 
first acquired. 26 
location of, 26 
maintenance of, 26 
register of inm.ates, 320 
County funds, see Fund 
County home 



See also County farm; Public 

welfare; Relief 
administration of, 190 
county to establish, 86 
functions of, 48, 190 
legislation establishing, 190 
location, 66 

superintendent, records kept by, 
190 
County mine inspector, see Mine 

inspector 
County officers, see Officer 
County offices, see Offices 
County orders, see Orders 
County property 

control of, 33, 45, 86, 87 
inspection of, 45, 46 
insurance on, 19 
lists of 85 [vi] 
County seat 
agitation to change, 16 
controversy over, 12 
legislation establishing, 11, 12 
selection of, 63 
County superintendent of high- 
ways, see Highway under 
Transportation 
County superintendent of public 
welfare, see Public wel- 
fare 
County superintendent of schools, 

see School 
County surveyor, see Surveyor 
County treasurer, see Treasurer 
County warrants, see Warrants 
Court, see Circuit; Commissioners, 
county; County; Probate 
Courthouse 
buildings used, description and 

location of, 15, 16, 63-66 
contracts for construction, 63, 
64 
cancelled, 16 
of first, 16 
custody of, 45 
description of, 16 
insurance on, 85 [vi] 
offices in, 64, 65 
Courtrooms, location of. 65 
Craig, Thomas, early settler, 11 
Crandall, Gordon, early settler, 10 



—207— 



(Cri-Dra) 

Criminal 

See also Circuit court; County 
court; Indictment, Proba- 
tion 
cases, jurisdiction in, 35, 36, 117, 
140 
Crow bounty, claims for, 85 [ix] 
Cumberland Road, 8 
Dane County, see Christian 

County 
Death, see Vital statistics 
De bonis non, see Administrator 
Declaration of intention.see Nat- 
uralization 
Decree, see Orders, court 
Dedication of right of way, 297 
Deeds 

See also Conveyances 
entry book of, 86 
grantor-grantee index to, 89 
master's, 90, 94 
quitclaim, record, 90, 92 
record, 90 
recording of, 109 
for right of way for public roads, 

90, 95 
to swamp land issued by drain- 
age commissioners, 46 
tax 
affidavits for, 42, 43, 85 [i] 
applications for, 42 
trust, 107 

warranty, record of, 90, 93 
Default records, county court, 119, 

121 
Delinquent children, see Juvenile 
Delinquent taxes, see Tax 
Democratic Party, 27, 28 
Dentists' certificates (licenses) re- 
gister of, 65, 66 
Department of public welfare, 
county, see Public welfare 
Dependent children, see Juvenile 
Depositions 

circuit court, 191 
county court, 118 
Deputy, see under name of speci- 
fic office 
Deshane, Eli, early justice, 15 
Dickerson, C. D., newspaper pur- 
chased by, 27 



Disbursements, see Receipts and 

expenditures 
Disciples of Christ, number and 

location of churches, 25 
Distributive fund, 275 
Districts 
drainage, see Drainage 
road see Road under Transpor- 
tation 
school, see School 
Divorce record, 192, 193 
Dockets 
court, see under name of speci- 
fic court; also under title 
of docket 
of rates and taxes wanted, 26 
required to be kept, 123, 132, 144, 
154 
Doctor, see Physician 
Dog 
licenses, register of, 75 
tax fund 
claims against, 265 
claims paid from, 266 
Donnellson, 17 

coal mines located near, 20 
Drainage 
See also Swamp land 
assessments 
receipts and expenditures of, 

268, 269 
statements, 253 
commissioners 
appointment of, 46, 186 
board, 46 
bonds, 314 

duties and powers, 46, 186 
election, 186 
highway commissioners, ex- 

officio, 46 
oaths, 314 

proceedings, record of, 315 
record kept by, 186, 187 
districts 
assessment 
receipts and expenditures of, 

268, 269 
rolls, 314 

statements of, 253 
Bug River, assessments 
receipts and expenditures of, 
268 



— 203— 



(Ear-Est) 



statements of, 253 
claims against, 314 
clerk of, county clerk, ex-offi- 

cio, 186 
Irish Flats, assessments 

receipts and expenditures of, 

269 
statements of, 253 
kinds of, 186 
officers, election of, 314 
organization of, 46, 186 
papers, 314 

receipts and expenditures 
Bug River, 268 
Irish Flats, 269 
reports on, condition of, 186, 187 
treasurer, county treasurer, ex- 

officio, 186 
engineers, see Engineers 
Earnings and expenditures, see 
Receipts and expenditures 
East Fork, county's first Presby- 
terian church located in, 
24 
East Fork Creek, bridge construct- 
ed over, 17 
East Fork Township, 15 

county farm located in, 26 
East St. Louis, 4 
Edgar County, 17 
Education 
See also School 
academies, private endowment 

of, 23 
administration of, 41-43, 174 
church first concerned with, 25 
development of, 22, 23 
funds for, source of, 22, 23 
land grants for, 22 
legislation aided, 22, 23 
Edwards County, 6 
Edwardsville, treaty of, terms of, 4 
Election 
abstracts of votes, 76 
board, appointment. 121 
clerk of, appointment, 49 
of drainage officers, 314 
duties, county clerk's, 49, 96, 120, 

121 
judges of, appointment, 32, 49, 
86 



jurisdiction over, 86, 120, 141 
for mosquito abatement dis- 
tricts, 47 
nominatiions, objections to, 121 
notices, 3 
poll books, 77 
precincts, first formed, 13 
returns, 3 

of school officers, list of, 294 
township officers, register of, 59, 

60 
trustees of organizations, 90, 91 
Engard, Sergeant, 10 
Engineers, drainage, reports, 314 
England, see British 
Entry books 

of conveyances, 88 
of deeds, 86 

of recorded instruments, 86 
required to be kept, 49, 109 
Equalization of taxes, see Tax 
Errors in taxation, see Tax 
Estate 
See also Administrator; Conser- 
vator; Executor; Guard- 
ian; Probate court; Will 
accounts, 154, 156 
ledger of, 157, 173 
guardians', 157, 174 
appraisement, 154, 156 

records, 157, 168 
claims against 
files, 154, 156 
judgments on. docket of, 182 

index to, 183 
record, 157, 158 
dockets, 181 

unsettled, 184 
index to, 155 

insolvent, record, 157, 169 
inventories of, 154, 156 
record, 157, 166. 167 
jurisdiction in administration 

of 130 
ledger, 157, 173 

reports on, 154. 156, 157, 175-177 
sale of — property 

bills. 154. 156 
personal property 
private. 157. 171, 172 



-209— 



(Est-For) 



public, 157, 171 
real estate, 157, 171 
Estray 

notices, 73, 85 
record, 74 

keeping of, 96 
Examinations, see Pupils; Teach- 
ers 
Examiner of the blind, appoint- 
ment and duties of, 4S 
Execution 
dockets 
circuit court, 208, 210 
county court, 134, 136 
sheriff's 
execution, 228 
process, 227 
files, sheriff's, 230 
praecipe for, 195 
Executor 
See also Administrator; Estate; 

Probate court; Will 
accounts, 154 
bonds, 154, 157, 160 
to sell real estate, 157, 160 
164 
inventories, 154. 157, 166 
letters, 90, 91, 154, 157, 160 
oaths, 154, 157, 160 
petitions, 154, 157, 160 
record (bonds, letters, oaths, pe- 
titions), 157, 160 
report record, 157, 175 

final, 157, 177 
reports, 154 
Expenditures, see Receipts and ex- 
penditures 
Explanatory notes to inventory, 79, 

80 
Farm 
acreage percentage in county, 

18, 19 
names, applications for regis- 
tration of, 113 
number of, 19 
Farmersville Post, The, 28 
Fayette County, 3, 6, 17 
Lutheran Church first establish- 
ed in, 24 
Fee books, court 
See also under name of specific 



court 
required to be kept, 123, 144 
Feeble-minded cases 

documents in, 118, 125, 129 
record of, 126, 127 
Fees 
See also Fund; Receipts and ex- 
penditures 
adoption, register of, 141, 143 
county board of supervisors, 

lists of, 3 
insanity, 141, 143 
justices' reports of, 85[v] 
juvenile cases, 141, 143 
register of 
sheriff's, 231, 232 
witness, 214-216, 218 
witness, receipts for, 225 
Ferry licenses, issuing of, 96 
Fillmore Township, 10, 15 
Final papers, see Certificates un^ 

der Naturalizatioin 
Financial 
assistance to railroads, county's, 

18 
records, see Accounts; Fees; 
Fund; Receipts and ex- 
penditures 
system of the county, 33-35 
Findings and orders In feeble- 
minded cases, 126, 127 
Fines 
docket of, county court, 138 
justices' reports of, 85[v] 
Fire marshal, state, inspection of 
county buildings by, 43, 46, 
174 
Fiscal 
control, 35 
development, 21, 22 
Fogelman, Melcher 
chosen to locate county seat, 11 
early settler, 10 
Foreclosure 
See also Mortgage 
records, 192. 193 
Forehan. Jarvis, early settler, 10 
Forfeiture of lands, see Delinquent 

under Tax 
Fork election district, 13 
Fort Massac, 6 



—210— 



(Fox-Hea) 



Fox Indians, see Sac and Fox 

France, see French 

Free Press, The, 28 

Free Press -Gazette, The, 28 

French, 7 
attitude of, towards Indians, 5 
cede Northwest to British, 5 
explorations of Illinois country, 

5 
lose colonies by Treaty of Paris, 

5 
settlements, Americans attract- 
ed to, 6 
Fund 
See also Fees; Receipts and ex- 
penditures 
county 

accounts, reports of, 21 
appropriations by county 

board, 87 
treasurer's account of, 255, 256 
distributive, 275 
dog tax 
claims against, 265 
claims paid from, 266 
heirship, journal, 259 
highway 
claims against, 304 

register of, 307 
register, 264 
institute, 175, 257, 276 
motor fuel tax 
allotment of, 20. 263, 303 
claims against, 305 
register of, 308 
non-high school, 258 
pension 
blind, 48 
mothers', 48, 120 
teachers' reports on 290 
school 
management of, 41, 42 
statements of loans on, 287, 
293 
teachers' retirement, reports on, 

290 
tuberculosis sanitarium, 191, 192 
Gazette, The, 28 
German settlers, first settlements 

of, 24 
Germantown, battle of, 10 



Gets, liens on, 91, 111 

Gilmore, Cyrus, early newspaper 

publisher, 27 
Gilmore, Frank, early newspaper 

publisher, 27 
Gordon, Benjamin, 11 
Governmental organization of 

county, 30-52 
Grand jury, see Jury 
Grantor-grantee index, 89, 110 
Green, Bowling, early sheriff, in- 
formality of, 14 
Greene County, 13 
Greenville, 17 
Grisham Township, 15 
Grove Township, 15 
Guardian 

See also Conservator; Estate; Mi- 
nors; Probate court 
accounts, 154, 156, 157, 174 
bonds, 154, 156, 157, 162 

to sell real estate, 157, 162, 164 
fee book, 157, 185, 186 
files, 156 

index to, 153 
inventory, 154, 156, 157, 166, 167 
letters, 90, 91, 154, 156, 157, 162 
oaths, 154, 156, 157, 162 
petitions, 154, 156, 157, 162 
public, 130, 131 

record (bonds, letters, oaths, pe- 
titions), 157, 162 
reports, 154, 156 
record of, 157, 176 
Gwinn, E., early settler, 10 
Hale, Aaron, 19 
Hamilton, 15, 63 
chosen as county seat, 12 
contracts for public buildings in, 

cancelled, 12 
roads to, first surveyed, 17 
viewing of road from, to Sanga- 
mon County seat, 13 
Hamilton election district, 13 
Hanner, Joseph C, 64 
Harkeys. the, early settlers, 10 
Harris, Wooten, early settler, 11 
Harvei. 18, 25 
Harvel Township, 15 
Health 
board of, county, 47 



(Hei-Inc) 

department of, state 
creation of, 47 
duties and powers, 47 
districts, organization of, 47 
taxes, 47 
Heirship 
fund, 259 
proof of, 154, 156 
Highway, see Transportation 
Hill, Henry, early settler, 10 
Hill, John, early settler, 10 
Hillsboro, 12, 15, 18, 26, 27, 63 
chosen as county seat, 12, 16 
coal mines located near, 20 
Disciples of Christ established 

at, 25 
early Lutheran church estab- 
lished in, 24 
early Methodist church estab- 
lished in, 24 
Indian mounds located near, 4 
industries, number and kinds of, 

20 
population of, 29 
road from, to Pans ailinois), 17 
Hillsboro Academy 
establishment of, 23 
name changed, 23 
Hillsboro Blade, The, 27 
Hillsboro Democrat, The, 27 
Hillsboro Journal, The, 27 
Hillsboro Township, 10, 15, 24 
Hog bounty, claims for, 85 [ix] 
Hood, H. H., appointed to divide 

county into township, 15 
Hood, S. S., early newspaper pub- 
lisher, 27 
Housing 
care and accessibility of records, 

63-66 
projects, establishment of, 122 
Hurricane Creek, 3 
first church located on, 24 
first white settlement located 
on, 10 
Hurricane election district, 13 
Illinois Central Railroad, 18 
Illinois Commerce Commission, 
appeals from ruling of, to 
circuit court. 141 
Illinois, County of, area, 5 



Illinois Free Press, The, 27 

Illinois Indian nation 
Montgomery region once a part 

of, 4 
wars of, with other tribes, 4 
Illinois-Michigan Canal, political 

opposition to, 7 
Illinois River, 4, 5, 7 
Illinois, State of, 4, 6 
admited to statehood, 6 
antagonism between Yankee 
and southern settlers in, 
7,8 
ceded to Federal government by 

Indians, 4 
early exploration and settle- 
ments in, 5 
Indian hostility retarded settle- 
ment of, 4 
land 
granted to War of 1812 veter- 
ans, 7 
speculation in, 7 
value per acre in 1837, 9 
pioneers, hardships endured by, 

8, 9 
political contests in, 7 
settlements in, description of, 6, 

7 
se tiers 

life of, 8, 9 

modes of transportation and 

routes traveled by, 8 
original home of, 7 
Illinois State Archives Building, 52 
Illinois State Civil Service Com- 
mission, rules of, 82 
Illinois State Department of Pub- 
lic Welfare, see Public 
welfare 
Illinois State Historical Library, 52 
Illinois State University Library, 

52 
Illinois Territory, 6 
Illinois University, first named 

Hillsboro Academy, 23 
Illinois, University of, see Univer- 
sity of Illinois 
Incorporation 
See also Corporation 
articles and amendments of 91, 
108 



—212— 



(Ind-Jac> 



Index 
birth, 47 

chattel mortgage, 102 
to circuit court files and records, 

187-190 
to county court 
files, 117 
records, 120, 124 
to estates, 155 
grantor-grantee, 89 
to marginal releases, 98 
marriage, 56 

mortgagor-mortgagee, 89, 97 
to old age assistance files, 316 
plaintiff -defendant 
circuit court, 187-190 
county court, 117, 120, 124 
to probate files, 153. 155 
probate judgment docket, 183 
to records, required to be kept, 

96, 97, 110, 122, 132, 144 
to state's attorney's files, 236 
to supervisors' files, 1 
tract, 106 
Indiana, 6 

Indiana Territory, 6, 21n 
Indians 
See also under specific name of 

tribe 
cede Illinois country to Federal 

government, 4 
first in Montgomery region, 4 
relations of whites with, 5 
Indictments 
original, 122, 191 
records, 197 
Indigent persons, care of, 86, 87 
Industry 
coal mining, importance of, 3, 

20 
in Hillsboro. number and kinds 

of, 20 
in Litchfield, number and kinds 

of, 20 
manufactures, value of, 20 
number of workers employed in, 

20 
retail store license first issued, 

19 
tavern keeping, early, 19 



Inheritance tax receipts and re- 
ports, 261 
Inquests 
evidence and testimony in, 40 
papers, 219 

procedure, 40, 41, 41n, 156 
record of, 156, 233 
Insanity 
See also Conservator 
docket, 137 
fees, 141, 143 
jurisdiction in, 118 
papers, 125 
record, 126 
Insolvency records, estate, 157, 169 
Institute fund 
account of, 257 
management of, 175 
record, 276 
Instructions to jury, see Jury 
Instruments required to be kept 

by recorder, 44, 109, 110 
Insurance on county property 
lists of, 85 [vi] 
policies, 19 
Intention, declaration of, sec Na- 
turalization 
Internal Improvements Act, pro- 
visions of, 18 
Interrogatories, insanity and 

feeble-minded, 125 
Inventory of estates, 154, 156 

record, 157, 166, 167 
Investigation reports 
in adoption cases, 85, 128 
in juvenile cases, 118, 129 
Irish Flats drainage district as- 
sessments 
receipts and expenditures, 269 
statements of, 253 
Iroquois Indians, warfare of. with 

Illinois Indians, 4 
Irving 
Lutheran and Christian chur- 
ches established in, 24 
Township, 15 
Jackson, William K., newspaper 

publisher, 27 
Jackson Democrats, dominated 
county politics, 14 



—213— 



(Jai-Lan) 



Jail 

See also Prisoners 
custody of, 45, 153 
location, 64 
Johnson, Jesse, early setler, 10 
Journal 
See also Ledger 
heirship fund, 259 
Judges 

of courts, see under name of 

specific court 
of election, see Election 
Judgment 

by confession, record of, 192, 196 
by default, 119, 121 
dockets 
circuit court, 208, 209 
county court, 134, 135 
probate court, 182 
index to, 183 
and execution dockets 
circuit court, 208 
county court, 134 
tax, see Delinquent under Tax 
transcript of 
foreign, 192, 199 
justice of peace, 192, 198 
Judical circuits, 12, 36, 38 
Judicial system in county, 35-38 
Jurors' certificates, see Jury 
Jury 
certificates 
cancelled, 11 

lists of, 2, 14, 85 
stub record, 235 
coroner's, 44, 169 
grand 
docket, circuit court, 206, 207 
list, 2, 23, 85 
instructions to, 191, 314 
lists 

county board of supervisors', 

3,24 
kept by county clerk, 88, 97 
records, keeping of, 144 
verdicts, 41, 118. 122, 125, 191, 314 
warrants, register of, 6, 10 
Justice, administration of, 35-38 
Justice of the peace 
appeals from, 36, 38 
appointment, 36 
bonds, 78, 80, 85[viii] 



statutory requirements gov- 
erning, 96 
county judge as, 37 
dockets, 140, 201, 212 
as early administrative officer, 
15, 31, 84 
roster of, 55 
election of, 36, 37, 84 
on basis of population, 37 
register, 59, 60 
fees, register of, 214, 215, 217 
jurisdiction of, 3», 37, 38, 117 
to keep records, 38, 39 
oath, 96 

reports of fees and fines collect- 
ed, 85[v] 
term of office, 84 
transcripts, 192, 198 
Juvenile 
See also Adoption; Minors; Pen- 
sion, mothers' 
delinquency, dependency 
fees, 141, 143 
files, 118, 129 
jurisdiction in. 118, 119 
probation officer, see Probation 
Kankakee River, 4 
Kaskaskia, 8 

captured by Clark, 5 
Kentucky, settlers from, 10 
Kickapoo Indians, hostility of, re- 
tards settlement of Illin- 
ois, 4 
Kinney, William C, opposes Rey- 
nolds in political contest, 
7 
Kirkpatrick, John, early settler, 10 
Knight, Rev. Joel early Presbyter- 
ian minister, 24 
Know-Nothing Party, 27 
Knox County, Montgomery once a 

part of, 6 
LaFayette, Marquis de, 11 
Lake Fork Creek, 3 
Land 

See also Real estate 
entries of conveyances on, 87, 88 
grants 

for schools, 22 
to War of 1812 veterans, 7 
lists of, 33 



—814 — 



(Lan-Mas) 



public speculation in, 7 
school, sale of,42, 174 
accounts, 278 
control of, 86 
petitions for, 277 
reports on, 279 
use of funds from, 22, 23 
swamp, see Swamp 
taxes on, see Tax 
tract index to, 106 
value per acre in 1837, 9 
Law enforcement of, officers con- 
cerned with, 41 
Leases 
mineral, 107 
recorded, 90, 91 
Ledger 
S«e also Journal 
Bug River drainage district, 268 
county clerk's, 83, 84 
estate, of receipts and expendi- 
tures, 157, 173, 174 
Irish Flats drainage district, 269 
treasurer's, of receipts and dis- 
bursements, 255 
Letters of appoinment in probate, 
see under title of appoin- 
tee 
Levee, see Drainage; Swamp land 
Levy 
See also Tax 

certificates of, sheriff's, 104, 230 
Liberal, The, 28 
License 
See also Certificate 
dog, register of, 75 
ferry, issuing of, 96 
first issued, 19 
liquor, 3 
marriage, 53 
applications for, 53, 54 
issuing of, 95 
power to grant, 85 
professional, see under name of 

profession 
tavern, issuing of, 19, 96 
Liens 
See also Mortgage 
on chattels. 110 
docket, 211 
on gets, 91, 111 



Liggitt, John, early settler, 11 
Liquor licenses, 3 
Litchfield, E. B., 28 
Litchfield, 18, 25, 27, 63, 64 
assessments, special, files of, 

85[x] 
coal mines located near, 20 
considered as county seat, 16 
industries, number and kinds of, 

20 
population of, 29 
Litchfield Journal, The, 28 
Livestock 
estray 

notices, 73, 85 
records, 74 
stallion certificaates, 72 
Logan County, 12 
Loomis, W. H., bridge construction 

superintended by, 17 
Lunacy, see Insanity 
Lutheran Church 
establishment of, 24 
first location of ,24 
Lutheran College, first named 

Hillsboro Academy, 23 
McAdams, John 
early commissioner, 13 
house of, used as courthouse, 13. 
15 
McAdams, Joseph, 12 
McCoy, David, first religious ser- 
vices held in home of, 24 
McDavid, John T., appointed to 
divide county into town- 
ships, 15 
McDavid, William, early settler. 10 
Macoupin County, 3, 18 
McPhail, John, early settler, 10 
Madison County. 3, 13, 17 

area and creation of, 6 
Map 

See also Plat 
bridge, 298 
index to. 110 
recordation of, 44 
road, 298 
Marriage, see Vital statistics 
Martin, Brock and, 64 
Massachusetts, 7 



-215— 



(Mas-Mor) 



Mastery-in-chancery 
bonds, 221 

certificates of sale and redemp- 
tion of, 103. 104 
deeds, record of, 90, 94 
reports, 220 
Mayors' 
bonds, 85 [viii] 
register of elections, 59, 60 
Menard County, 12 
Methodist Church 
and Baptists, first protestants 
in county, 24 

established at Hillsboro. 24 
Michillimackinac River, 5 
Midwives 
See also Accoucheurs 
certificates, 61 
Militia, see Soldiers 
Millard, Ira, 63 
Mine inspector, county 
appointment, bond and compen- 
sation of, 193 
county surveyor, ex-ofRcio, 193 
duties of, 193 
reports, 193, 321, 322 
Mineral rights, leases on, 107 
Minors 
See also Guardian; Juvenile 
naturalization of, 148, 149 
Minutes 
See also Proceedings 
county board of supervisors'. 
2, 3, 22. 85 
Mississippi River. 5, 6, 7, 8 
Missouri River, 6 
Monmouth, battle of, 10 
Monroe, James, formulates his 

famous doctrine, 11 
Monroe Street (Litchfield) paving, 
special assessment files 
85[x] 
Montgomery, Col. Richard, county 

named for, 4 
Montgomery County 
agricultural 
products, 18, 19 
statistics, 58 
area. 3 

assessments, amount and growth 
of, 21, 22 



boundaries, 3, lln 

changes in, 12, 13 
coal mines, 3, 20 
output of, 3, 20 
creation of, 6, 11 
early inhabitants, mounds left 

by, 4 
farms, acreage of, 3 
first white settlers, 7, 10 
fiscal development of,21, 22 
French exploration of, 5 
government 
changes in, 15 
first, 13 

organization, 30 - 52 
Indians in, 4 
industry, see Industry 
location, 3 
mounds, in, 3 
naming of, 3 
newspapers, 27, 28 
organization, petition for, 11 
as part 

of Illinois Indian nation, 4 
of other counties, 6, 11 
population statistics. 28, 29 
public assistance, development 

of, 25-27 
religious development of. 24, 25 
soybean cultivation in, 19 
tax, first levied, 13 
timber in, 3 
topography, 3 

transportation, development of 
lS-18 
Montgomery County Democrat, 

The, 28 
Montgomery County Herald, The, 

27 
Montgomery News, The, 27, 28 
Moral character, certificates of. 

applications for, 85 [ii] 
Morgan, General Daniel, 11 
Mortgage 

See also Conveyances: Liens 
chattel, record, 90, 101 

index, 102 
railroad, 107 
real estate 

assignments of, 90, 91, 96, 100 
index, 89, 97 



— 216 — 



marginal, 90, 96 
record, 90, 96 
releases, 90, 99 

index to, (96), 98 
recording of, 109 
Mortgagor-mortgagee index, 89, 

97 
Mosquito abatement districts, or- 
ganization of 47 
Mothers' pension, see Pension 
Motor fuel tax 
allotment 
accounts, 263, 303 
record, 20 
fund, claims against, 305 

register of, 308 
warrants, register of, 7 
Mysenhamer. John, superintend- 
ed bridge construction, 
17 
Names of farms, applications for 

registration of, 113 
Naturalization 
certificates (final papers) 
circuit court. 223 
county court, 148, 149 
declaration of intention, county 

court, 148, 149 
dockets, 151, 152 
jurisdiction over, 35, 118, 140 
loss of (county court), 38 
minors', 148, 149 
oaths 
circuit court, 223 
county court, 148, 149 
petitions 
circuit court, 223 
county court, 148, 149 
records required to be kept, 

123, 144 
soldiers', 148, 150 
New York, city of, 10 
News Herald, The, 28 
Newspaper 

See also under specific name 
first in county, 27 
number of, 27. 28 
political affiliations of, 27, 28 
Nokomis. 3, 17, 28 
coal mine located near, 20 
early Lutheran church estab- 
lished at, 24 



(Mor-Off) 

population of, 29 
Township, 15 
Nokomis Free Progress, The, 28 
Noluchucky River, 11 
Nominations, see Election 
Non-high school, see School 
North Carolina, 11 
North Litchfield Township, 15 
Northwest 
French cede to British, 5 
Territory created by Ordinance 
of 1787, 5 
Notices 

to contractors, 299 
of election, 3 
estray, 73, 85 

of letting of contracts, 311 
Nurses' certificates, register of, 

65, 67 
Oath 
citizenship, see Naturalization 
of county officers, see Officers, 

county 
entered by county clerk, 96 
kept by circuit court clerk, 143 
of probate appointees, see under 
title of appointee 
Objections to taxes, see Tax 
Officer 
See also under title of specific 

officer 
county 
accounts, examination of 87 
bonds, 221 

commission, register of 59 
deputy, appointment, 3 
certificates of 85[iii] 
first appointed, 13 
lists of fees paid to, 3 
oaths, 96, 109 
reports, 2 
roster of, 53-62 
salaries of, lists, 3 
deputy, appointment of, 3 
drainage district, election of, 314 
probation, see Probation 
school 

election, lists of, 294 
register of, 295 
township 
election of, register, 59, 60 



—217— 



(Off-Per) 



register of, receipts, 247 
Offices, county, location and de- 
scription of, 64-66 
Ohio River, 5, 8 
Ohlman, 17 

Oil wells, reports on, 322 
Old age assistance 
See also Pension; Public welfare; 
Relief 
administration of, 48 
applications for, register of, 319 
files, 317, 318 

index, 316 
office, 66 
Optometry certificates, register 

of, 68 
Orders 
confirming special assessments, 

85[x] 
county 

See also Warrants 
cancelled, 11 
lists, 2, 14, 85 
register, 254 
register of, kept by county 
clerk, 88, 97 
court 
adoption, 128 
chancery, 191-193 
common law, 118, 119, 191, 192 
criminal, 122, 123, 191, 192, 194 
in dependency cases, 118, 129 
in feeble-minded cases, 118. 

125-127. 129 
in insanity cases. 125, 126 
for local improvements, 85 [xl 
probate, 154. 156, 157 
Ordinance of 1787 creates North- 
west Territory, 5 
Organization 

of drainage districts, 46, 188 

papers in, 314 
of mosquito abatement districts, 
47 
of railroads, instruments recorded 

in, 107 
Osteopaths' licenses, register of, 65 
Overseer of the poor, see Poor 
Paris, Treaty of, French lose colon- 
ies under terms of, 5 
Parole, see Probation 



Partition record, 192, 193 
Patent record, 70 
Patents, land, 87 
Pauper 
See also Poor; Relief 
accounts, 3 
Paving, special assessment files, 

85[x] 
Payrolls, highway, 300 
Peck, Rev. John Mason, advocates 

emigration to Illinois, 9 
Pennsylvania, 10 
Pension 
See also Old age assistance; Pub- 
lic welfare 
blind 
affidavits, 17 
applications, 17 
investigation of, 48 
register of, 15 
appropriations, 48 
first issued, 26 
jurisdiction, 48 
reports, 272 

warrants, register of, 6, 8 
mothers' 
See also Juvenile 
amount issued to date, Z(^ 
applications for 85[vii], 120 

investigation of, 48, 120 
first issued, 26 
fund, sourcF" of, 48. 120 
jurisdiction in, 48, 120 
probation officer, see Proba- 
tion 
procedure, 120 
record of, 16 
reports. 272 
warrants 

register of, 6, 9, 254. 267 
stubs, 12 
teachers', school board's report 
of, 290 
People's cases 

See also Criminal under Circuit 
court. County court 
state's attorney to prosecute, 40 
Personal property 
See also Chattel 
assessment of. see Tax 
of estates, see Estate 



— 213 — 



(Pet'Pio) 



mortgages on, see Chattel under 
Mortgage 
Petitions 

for adoption, 85, 128 
for appointment in probate, 
see under title of ap- 
pointee 
for citizenship; see Naturaliza- 
tion 
to county board of supervisors, 

2, 3, 312 
in dependency and delinquency 

cases, 118, 129 
in drainage proceedings, 46, 186, 

314 
in insanity and feeble-minded 

cases, 125 
for mothers' pension, 85[vii] 
for organization of mosquito 

abatement districts, 47 
for roads, 44 
to sell school lands, 277 
for special assessments 85 [x] 
Philadelphia, 10 
Physician 
certificates, 61, 62 
of pre-marital examinations, 

57 
register of, 69 
county 

duties of, 26 
first appointed, 26 
license register, 65 
reports, 125 
Pickens, Colonel, 11 
Pitman Township, 15 
Plaintiff-defendant index 
circuit court, 187-190 
county court, 117, 120, 124 
keeping of, 122, 144 
Plat 
See also Map 
books of land surveys, 90, 115, 

116 
bridge, 298 
recordation of, 44 
road, 298 

of school districts, 44 
surveyor's, 313 
Pleas 
circuit court, 191 



county court, 118, 122 
Pleasant Hill, 25 
Police magistrates 
bonds, 85[viii] 
elections, register of, 59, 60 
Political affiliation of newspapers, 

27,28 
Politics 
in county, Jackson Democrats 

predominant in, 14 
lack of, in early elections, 14 
Yankee and southern antagon- 
ism in Illinois, 7 
Poll books, see Election 
Poor 
See also County farm; County 
home; Pauper; Public 
welfare; Relief 
care of, 25, 26, 32 
overseer of 

appointment, 25, 86 
duties of, 25 
first appointed, 13 
Pottawatomie Indians' warfare 

with Illinois Indians, 4 
Power of attorney, recorded, 90, 91 
Praecipe for execution record, 195 
Prairie Beacon, The, first news- 
paper in county, 27 
Prairie City Advocate, The, 28 
Prairie Mirror, The, early news- 
paper in county, political 
affiliations of, 27 
Presbyterian Church 
first in county, 24 
and Congregational Church, 
first worked together in 
county, 24 
Princeton, battle of, 10 
Prisoners, county 
See also Jail 
discharge of, see Probation 
register, 229 
keeping of, 154 
Probate 
appeals to circuit court, 140 
court 

See also Administrator, Conser- 
vator; Estate; Executor; 
Guardian; Will 
clerk 
county clerk, ex-officlo, 38, 131 



— 21S — 



(Pro -Pub) 



duties, 131 
dockets 
estate, 181, 184 
judge's. 178-180 
judgment, 182 
establishment of. 37 
fee books (court costs), 157, 185, 

186 
files, 154, 156 
index to, 153, 155 
of original documents to be 
kept, 132 
judge 
appointment of. 36. 130 
county judge, ex-officio. 118 
duties, 38, 130, 131 
first incumbent, 13 
records kept by, legislation 

concerning, 50 
roster of,55 
jurisdiction and functions of, 

130, 131 
record, 157 

claims, 157, 158 
insolvent estates, 157, 169 
kept by clerk, 153-186 
required to be kept, 131, 132 
jurisdiction 
in circuit court, 118 
in county commissioners' 

court, 36, 38 
in county court. 37, 38, 118, 130 
justices of the peace, 36, 38 

roster of, 55 
of will, applications for, 157, 159 
Probation 
officers 
adult 
appointment, bond, and 

compensation of, 142 
duties and powers of, 142 
office, location of, 65, 66 
record required to be kept, 

142 
reports, 142 
juvenile 
appointment and compensa- 
tion of. 118. 119 
functions of, 119 
mothers' pension 
appointment, 48, 119 



compensation, 120 
duties and powers of, 120 
reports, to county court, 
120 
record 

circuit court, 192, 194 
county court, 123, 147 
Proceedings 
See also Minutes 
county board of supervisors, 2, 3 

index to (2), 1 
of courts 
See also Records under name 

of specific court 
required to be kept, 122, 131, 
143 
of drainage commissioners. 315 
non-high school board, record 
of, 281 
Process docket, sheriff's, 227 
Proof 
of heirship, 154, 156 
of will, 154, 156, 157, 159 
Public welfare 
See also County farm; County 
home ; Feeble-minded; Ju- 
venile; Pension; Poor; Re- 
lief; Veterans 
administration of, 48 
commission, succeeded by de- 
partment of public wel- 
fare, 188 
county department of 
composition of, 188 
establishment of. 188 
functions of, 188 
office, location of, 66 
records kept by. 188, 189 
old age assistance, see Old 
age 
relation to state welfare de- 
partment, 188 
succeeds county commission 
of public welfare, 188 
county superintendent of 
appointment of, 48. 188 
duties and powers. 48, 188 
development of, 25-27 
effect of depression of 1930 on, 
27 
Public Works and Buildings, De- 



— 220 — 



(Pup-Ken) 



partment of, succeeding 
State Highway Depart- 
ment, 45 
Pupils 
examination records, 281, 285 
number enrolled, 23 
Pyatt, Henry, early settler, 10 
Quitclaim deeds, record of, 90, 92, 
Railroad, see Transportation 
Ralston, Joseph H., first county 

judge, 15 
Ramsey Creek, 3 
Randall, G. B., 64 
Raymond, 25 

Township, 15 
Raymond Independent, The, 28 
Rates, docket of, 26 
Real estate 
See also Land 
assessment of, see Tax 
deeds, see Deeds 
of estates, see Estate 
mortgages, see Mortgage 
taxes on, see Tax 
Reavis, Harris, early settler, 10 
Receipts 

attorneys', for court papers, 226 
inheritance tax, duplicate, 260 
tax, see Tax 
township officers', register of, 

247 
for witness fees, circuit court, 
225 
Receipts and expenditures 
See also Cost; Fees; Fund 
Bug River drainage district, 268 
circuit clerk's, register of, 224 
county board of supervisors' 

files of, 2 
county clerk's ledger of, 83, 84 
of county funds, reports of, 21 
for estates 
accounts of, 157, 173, 174 
reports, 157, 175-177 
highway fund, register of, 264 
inheritance tax. 261 
Irish Flats drainage district, 269 
treasurer's ledger. 255 
Receivers' bonds, 221 
Recognizance bond 
circuit court, 191, 192, 222 



county court, 122, 145 
Recorder 

appointed by Governor, 44, 109 

bonds, 109 

circuit clerk, ex-officio, 44, 109 

deputies, 109 

duties and powers of, 44, 109, 110 

election of, 44, 109 

establishment of office, 43 

population requirements for, 44, 

109 
records, 86-116 

required to be kept, 109, 110 
term of office, 109 
Records 
housing, care, and accessibility 

of. 63-66 
legislation concerning, 49, 50. 52 
location of, C5, 66 
Redemption 
certificates 
master's, 103, 104 
sheriff's, 103, 104 
of lands, see Delinquent under 
Tax 
Registrars of births and deaths 
fees paid to, 48 
functions, 48, 95 
Release 

mortgage, 90, 99 
marginal, 90, 96 
index to (96) 98 
railroad bond issue, 107 
recorded, 90, 91 
Relief 
See also County farm; County 
home. Feeble-minded; In- 
sanity; Juvenile; Old age 
assistance; Pauper; Poor; 
Public welfare; Veterans 
blind 
applications, 17 
register of, 15 
reports, 272 
Religious 
activities in county, 24, 25 
services first held in home of 
David McCoy, 24 
Relinquishment, widows', see Wi- 
dow 
Renault, Philip Francis, introduc- 



—221^ 



(Rep-Sch) 



ed slavery into Illinois, 
21n 
Replication 
circuit court, 191 
county court, 118 
Reporter, circuit court, appoint- 
ment of, 154 
Republican Monitor, The, 28 
Republican News Letter, The, 27 
Republican Party, 27 
Resolutions of county board of 

supervisors, 2, 3, 22 
Retail store license, first issued, 

19 
Returns, election, 3 
Review, The, 28 
Review, board of 
clerk 
appointment of, 34 
county clerk, ex-oflficio, 34 
complaint docket, 240 
composition of, 34, 1€3 
creation, 34, 163 
duties and powers, of, 33, 34, 

163, 164 
members 
appointment of, 34, 163 
certificates. 85 [iv] 
term of office, 163 
Revolutionary War, 3, 5 
veterans, early settlers in Mont- 
gomery County, 10, 11 
Reynolds, John, 8 
candidate for governor, 7 
early circuit judge, 14 
Richardson, James, early settler, 

11 
Right-of-way 
dedications, 297 
deeds, 90, 95 
Road, see Transportation 
Rountree, A. H. H., wrote on early 

political activities, 14 
Rountree, Hiram 
early settler, 10 

first clerk of county commis- 
sioners' court, 13 
presented petition for organiza- 
tion, 11 
Rountree Township. 15 
Rowe, Henry, early settler, 10 



Russell, John, early settler, 10 
Sac and Fox Indians, warfare with 

Illinois Indians, 4 
St, Clair, Arthur, first governor of 

Northwest Territory, 5 
St. Clair County, 6 
first established, 5 
Lutheran Church first estab- 
lished in, 24 
Montgomery as part of, 6 
Salaries of county officers, lists 

of, 3 
Sale 

bills, 154, 156 

recording of, 109, 132 
certificates of 
master's, 103, 104 
sheriff's, 103, 104 
of estate property 
personal property 
private, 157, 171, 172 
public, 157, 171 
real estate. 157, 171 
of school lands 
accounts, 278 
petitions for, 277 
reports on, 279 
tax, see Delinquent under Tax 
Sanatorium, see Sanitarium 
San Domingo, 21n 
Sangamon County, 3, 17 
Sanitarium, county tuberculosis 
board of directors 
appointment. 191 
duties and functions of, 26, 

191, 192 
reports to county board, 192 
term of office, 191 
establishment of, 191 
fund, tax, levy for, 191 
management of, 191, 192 
Schedules 
of rates, on highway material, 

311 
tax. see Tax 
Scherer, Rev. Daniel, early Luth- 
eran minister, 24 
School 
board 
non-high, proceedings, 281 
reports, 290 



— 222— 



(Sch-Sew) 



bond issues, register cf, 18 
buildings, inspection of, 43, 45, 

46 
census reports, 291 
commissioner 
account of school land sales, 

278 
as agent for sale of school 

lands, 42, 174 
appointment of, 42 
creation of office, 42 
duties and powers, 42, 174 
election of, 42, 174 
ex-officio superintendent of 

schools, 42, 174 
reports, 279 
to county commissioners 

court, 86 
to county court, 174 
term of office, 174 
county superintendent of 
bonds, 3, 78, 85[viii] 
creation of office, 42, 174 
distributive fund accounts, 275 
duties and powers, 43, 45, 46, 

174, 175 
election of, 42n, 43, 174 
institute fund record, 276 
office, location of. 65 
records kept by, 275-296 

legislation concerning, 50 
reports 
to county board, 43, 174 
school board's to, 290 
of school inspection, 292 
to the state, 174, 286 
teachers', to, 288, 289 
trustees', to, 287 
roster of, 61 

school commissioner early ex- 
officio. 42, 174 
term of office, 174 
distributive fund, 275 
district 
claims for state aid. 280 
establishment of, legislation 

concerning, 41 
first formed. 13 
number of, 23 
organization of, 22 
plats of, 44 



establishment of, early proced- 
ure in, 22, 23 
examinations, see Pupils; 

Teachers 
fund 
derived from sale of school 

land, 41, 42 
statement of loans on, 287, 
293 
high, establishment of, 23 
institute fund, 257, 276 

fees for, 175 
lands 

control of, 86 
grants, 22 

legislation concerning, 41 
management of, 42 
sale of, 22 
accounts, 278 
petitions for, 277 
reports on, 279 
non-high 
board, proceedings, 281 
fund, 258 
number of, 23 
officers 
election, list of, 294 
register of, 295 
plats, 44 

pupils, see Pupils 
state inspection of, 43 
supervision of. 32, 41-43, 174, 175 
tax levies, see Tax 
teachers, see Teachers 
treasurer 
accounts with county collect- 
or, 244 
bonds, 296 
trustees, see Trustee 
Schram City, 18 
Search warrants, 230 
Sears, Henry, early settler, 10 
Sears, Rev. Henry, first resident 

preacher in county, 24 
Selection, widows', see Widow 
Settlement of tax, see Tax 
Seward, Israel 

appointed to view roads, 13 
early settler, 10 

presented petition for organiza- 
tion, 11 



— 223 — 



(Sew-Sta) 



Seward, John 
courthouse contract awarded to. 
16 
early county commissioner, 13 
Seward, John B. 
appointed to view roads, 13 
courthouse contract awarded to 
16 
Sewer assessments, files of, 85 [x J 
Shawneetown, 8 
Sheep damage claims, 265 

payment of, 266 
Shelby County, 3, 18 

creation of, 12 
Sheriff 

bonds, 3, 78, 85[viii], 153 
certificates 
of levy, 104, 230 
of redemption and sale, 104 
custodian of courthouse and 

jail, 45, 153 
deputy 
appointment of, 39, 153 
bonds, 3, 78, 153 
compensation of, 153 
dockets 
execution, 228 
process, 227 
duties and powers of, 39, 41, 153, 

154 
election of, 39, 153 
ex -officio 
county collector, 34, 165 
treasurer, 169 
fees, register of, 231, 232 
files, 230 

first incumbent, 13 
jail register, 229 
office 
location of, 64 
term of, 153 
records, 227-232 
to be kept, 154 
roster of, 57, 58 
Shoal Creek, 3 
bridge over, first in county, 17 
location of coal mines, 20 
Shurtleff, Doctor 
architect for Hillsboro Academy 

23 
Shurtleff College (Alton) found- 
ed by, 23 



Shurtleff College (Alton) found- 
ing of, 23 
Sights, Jacob, Revolutionary War 

veteran, early settler, 10 
Slavery 
in Illinois, first introduced, 21n 
taxes on, 21 
Soldiers 
See also Veterans 
discharge certificates, 109 

recording of 110 
enlistment records, Civil War, 71 
honor roll, 114 
naturalization, 148, 150 

South Carolina, 10 
South Fillmore Township, 15 
South Litchfield Township, 15 
Sparrow bounty, claims for, 85[ixJ 
Special assessments, see Assess- 
ments under Tax 
Specifications for roads, 299 
Springer, Rev. Francis, early 
newspaper editor in 
county, 27 
Springfield, 23 
Stallion 
certificates, 72 

renewal of, register, 112 
register, 112 
State aid for schools, claims for, 

280 
State architect, see Architect. 

state 
State Archives Building, 52 
State fire marshal, see Fire mar- 
shal, state 
State Highway Department suc- 
ceeded by Department of 
Public Works and Build- 
ings, 45 
State Housing Board, 122 
State University Library, 52 
State's attorney 

appointment, 40, 158 

bonds, 3, 78, 85[viii], 158 

compensation, 158 

duties and powers of, 40, 158. 

159 
election, 40, 158 
files, 237, 238 



-224 — 



(Ste-Sur) 



index to, 236 
office 
location of, 65 
term of, 158 
reports, 2, 85, 144, 220 
roster, 59 
Steel, Luke Lea 
courthouse contract awarded to, 

16 
early settler, 10 

house of, used as courthouse, 
15, 16 
Stillbirths, see Vital statistics 
Stipulations 
circuit court, 191 
county court, 118 
Street, James 
chosen to locate county seat, 11 
early settler, 10 

first religious services in 
county held by, 24 
Stock transfers, recorded, 90, 91 
Subpoenas 
circuit court, 191 
county court, 118, 122 
Sulphur Springs, 25 
Summonses 
circuit court, 191 
county court, 118, 122 
sheriff's 230 
Superintendent 
county home, see County home 
of highways. County, see High- 
way under Transportation 
of public welfare, County, see 

Public welfare 
of schools, County, see School 
Supervisor of assessments (County 
assessor) 
appointment, 33 
bonds, 78, 81, 161 
books (lists of taxable property), 

27 
duties and powers of, 33, 161 
roster of, 60 

treasurer, ex-officio, 33, 161 
Supervisors 
county board of 
See also Commissioners' court, 

County 
acting as board of review, 34 



adoption of, 31, 84 
clerk of, 31 
county clerk, ex-officio, 88, 

93 
roster of, 56 
composition of, 31, 35 
correspondence, 2 
duties and powers of, 32, 45, 

85-87, 190 
election establishing, 15 
first session, 15 
legislation creating, 15 
members 
additional (assistant super- 
visors), 31, 85 
bonds, 3, 78, 85[viii] 
compensation of, 84, 85 
disqualification from office, 

84, 84n 
election of, 31, 84 
term of office, 85 
minutes, 3, 22, 85 

kept by clerk, 88 
papers, 2 

index to, 1 
proceedings, 2, 3 
record, 3 

kept by clerk, 88 
reports to, 2, 3, 21, 22, 85, 270- 
272, 279, 309, 321, 322 
custody of, 88 
resolutions, 2, 3, 22, 85 
roster of, 55, 56 
sessions of, 84 

succeeding county court, 31, 
84, 117 
road, see Road under Transport- 
ation 
township 

bonds, 3, 78, 85[viii] 
register of, 59, 60 
Supreme Court justices required to 

hold circuit court, 35, 36 
Surveyor 
county 
appointed by county board, 

44, 185 
commissions, register of, 59 
duties and powers of, 44, 46, 

185 
election, 44, 185 



—225 — 



(Sur-Tax) 



field notes, 310 

licenses, register of, 65 

oath, 185 

platted site of county seat, 

12, 13 
record, kept by, 185, 313 

legislation concerning, 50 
roster, 61, 62 
term of ofRce, 185 
Surveys, land, plat book of, 90, 115, 

116 
Swamp land 
See also Drainage 
committees, reports of, 2, 22, 85 
deeds to, issued by drainage 
commissioners, 46 
Swimming pools, control of, 47 
Taverns 

control of, 47 
early, keeping of, 19 
licenses, issuing of, 19, 96 
prices charged in, 19 
Tax 
abatement lists 
personal property, 36, 250 
real estate, 36, 249 
abstract of footings, 245 
assessments 
abstracts of, 27, 31 
in county, amount and 

growth of, 21, 22 
lists, 33 
real estate, (lands and lots), 

94 
special 
delinquent, statements of, 

252 
drainage 
Bug River, 253, 268 
Irish Flats, 253, 269 
rolls, 314 
lists, 32 

for local improvements, 
files of, 85 [xl 
assessor's books, (lists of tax- 
able property) , 27 
bridges, levies 

certificates of, 2, 25 
petitions for, 3 
city, levies, certificates of, 2. 25 
collections, 34, 35, 94, 165, 166 



abstract of, 34, 35, 245 
memoranda of, 248 
record, 243 
statements of, 246 
collector's 
accounts with school treas- 
urers, 244 
books (lists of taxable prop- 
erty), 34 
receipts, 241, 242 
settlement record, 243 
complaint 
docket, 240 

method of handling, 34, 94, 
163 
corporation, levies, certificates 

of, 2, 25 
deeds 
affidavits for 42, 43, 85 [i] 
applications for, 42 
delinquent 
forfeiture for, 38, 39, 41 
judgment, 38. 39 
sale, redemption, and fore- 
ture record 38 
list, 37 
penaltv and collections costs, 

251 
sale and redemption record, 

38, 40 
special assessments, state- 
ments of, 252 
docket of rates and taxes want- 
ed, 26 
dog 
claims against, 265 
payment of, 266 
collections, register of. 75 
equalization. 34, 94, 163, 164 
first levied, 13 

inheritance, see Inheritance 
levie.s 
certificate of 2, 25 
drainage. 314 
petitions for, 3 
li.^.ts. 27-30. 32-34. 36. 37 
motor fuel, see Motor fuel 
power to regulate and impose, 

32, 85 
public health, 47 
railroad 
amount and growth of, 21 



— 226 — 



(Tax-Tra) 



books (lists of taxable prop- 
erty), 28 
receipts, collector's, 242 

duplicate, 241 
road 
book (lists of taxable proper- 
ty), 2, 30 
levies 
certificates of, 2, 25 
petitions for, 3 
schedules, personal property, 239 
school 
amount of, 23 
collector's account of, 244 
legislation establishing, 23 
levies 

certificates of, 2, 25 
petitions for, 3 
settlement, record, 243 
telegraph and telephone book 
(lists of taxable property), 
29 
township levies, certificates of, 

2, 25 
Village levies, certificates of, 2, 

25 
wanted, docket of, 26 
Taxation procedure, 33-35, 94 
Tazewell County,6 
Teachers 
certificates 
issuing of, 43, 43n 
register of, 284 
early, poor quality of, 22 
examinations, 43, 43n 

record of, 282 
institute 
accounts, 257 
record, 276 
number of, 23 
pension and retirement fund, 

290 
permanent record, 283 
register of, 295 
reports. 288, 289 
Telegraph and telephone tax book, 

see Tax 
Tennessee, settlers from 10 
Terre Haute, Indiana, 18 
Terre Haute and Alton Railroad, 

first in county, 18 
Thomasville, 17 
Tillson, Christiana, described life 



of early Illinois settlers,?, 
8 
Tillson, John 

endowed Hillsboro Academy,23 

first county treasurer, 13 

land agent, early settler in 

county, 7 
presented petition for organ- 
ization of county, 11 
Todd, Thomas J., early settler, 10 
Toledo, Peoria and Western Rail- 
road, 18 
Town board, power of, to revise 

assessments, 34, 163 
Townsend, Eleazar N. 
first probate judge, 13 
presented petition for organiza- 
tion of county, 11 
Townsend, Rev. Jesse 
early settler. 10 

first Presbyterian minister in 
county, 24 
Township 
See also under name of township 
assessors, see Assessor 
bond issues, register of, 18 
clerk 
bonds, 85 [viii] 
duties of 
with drainage districts, 186 
in registration of vital sta- 
tistics, 48, 95 
elections, register of. 59, 60 
collectors, see Collector 
number of, 15 
officers, see Officer 
organization of, 15 
plan of government. 15, 31, 84 
tax levies,see Tax 
treasurers see Treasurer 
Tract index, 106 
Transcripts 

of judgments. 192, 198. 199 
justice of the peace, required to 
be kept, 123, 144 
Transfer of stock recorded, 90, 91 
Transportation 
bridge 

appronriations, 32, 87 
bond issues, register of, 18 
construction of, 180 
anpropriations for. 87 
first superintended by W. H. 



— 227— 



(Tra-Tre) 



Loomis, 17 
lund, see Fund 
maintenance ot, 32, 87, 180 
maps and plats, 298 
supervision of, 32, 44, 45, 86, 

180, 181 
tax levies, see Tax 
toll, authority over, 86 
canals 
authority over, 86 
Illinois-Michigan, political of- 
position to, 7 
development of, 16-18 
highway 
bond issues, register of, 18 
commissioners 
board, establishment of, 45 
duties of, 45 

as ex-officio drainage com- 
missioners, 46 
elections, 180 
register, 59, 60 
reports, 309 
state supervision of, 45 
county superintendent of 
appointed by county board, 

45, 181 
bonds, 3, 78, 85[viii] 
correspondence, 299, 311 
creation of office, 45, 180 
duties and powers, 45, 180, 

181 
labor reports, 301, 305 
office 

location, 64 
term of, 45, 180 
records kept by, 181, 297-312 
fund 
claims against, 304 

register of, 307 
register, 264 
motor fuel tax, see Motor fuel 
overseer of, 45, 180 
payroll sheets. 300 
state bond issue. 17, 18 
warrants, see Warrants 
modes of, 8 
railroad 
See also under name of railroad 
in county, 18 

first, 18 
factors in development of. 18 
financing of, by Montgomery 



County, 18 
leases, 107 

mileage in county in 1918, 18 
mortgages, 107 
organization of, record, 107 
taxes see Tax 
value oi, 21, 22 
road 

appropriations for, 32, 87 
bond issues, register of, 18 
construction, 180 
early activities in, 17 
papers concerning, 299 
lax levy for, 17 
contracts, 299 
corduroy, 8 
county 
construction and locating of, 

14 
development of, 13, 14 
dedication of right of way, 297 
deeds for right of way, 90, 95 
districts 
establishment of, 45, 180 
supervisors , appointment 
and duties of, 45, 180 
first constructed in county, 17 
funds, see Highway above 
kinds of. 17, 18 
maintenance of, 32, 87 
maps, 298 
mileage in 1935, 17 
plats, 298 

public, authority over, 44, 86 
source of funds for, 17, 18 
state aid. in county, 17 
supervision of, 32, 44, 45, 87, 

180, 181 
tax levies, see Tax 
viewers, 44 
anpointment of. 17 
first appointed, 13 
routes traveled by early settlers, 
8 
Treasurer 
county 
accounts of county funds, 255, 

256 
appointment of, 33, 169 
bonds. 3, 78, 85[viii], 169, 

221 
cash books, 255 
duties and powers of, 33-35, 



—298— 



(Tre-War) 



161, 165, 169 
election, 169 
Ex-officio 

county collector, 34, 165 
drainage district treasurer, 

169, 186 
supervisor of assessments, 33, 
161 
first incumbent, 13 
office 
location of, 64 
term of, 169 
records kept by, 169, 254-274 
register 
of county orders, 254 
highway fund receipts, 264 
reports to county board. 270- 

272 
roster, 60, 61 
drainage district, county treas- 
urer, ex-officio, 169, 186 
township (school), bonds, 105. 
296 
Trenton, battle of, 10 
True bills, see Indictment 
Trust deeds, 107 
Trustee 
bonds, 221 

cases, circuit court, 192, 193 
of organizations, election of, 90 

91 
school 

appointment of, 13, 41, 42n 
duties of, 42, 43n 
election of, 42 
register of elections, 59, 60 
reports, 42, 287 

supervision of education, 41, 42 
Tuberculosis sanatorium, see San- 

tarium 
Union Monitor, The, 27, 28 
Unitarian church in county, 24 
University of Illinois, 4 

county students enrolled at 23 
Valuation of property, see Tax. 
Vandalla, 11, 17 
Veterans 

See also Soldiers 
death certificates, 52 
honor roll, 114 
of Revolutinary War, settled in 

county, 10, 11 
of War of 1812, land grants to, 
7 



Veterinarians' certificates, 64 
Village tax levies, see Tax 
Virginia, cedes Illinois country to 

Continental Congress, 5 
Vital statistics 
births 

certificates, 45 

index, 47 

record. 46 

reporting of, 47, 48, 95 
deaths 

certificates, 48 

coroner's register of.234 

index, 50 

record, 49 

reports required to be kept, 

47, 48, 95 
veterans' record, 52 

marriage 
certificates, 90, 91 
licenses, 53 
applications for, 53, 54 
physicians' certificates for, 
57 
record, 55 

index to, 56 
reports required to be made. 
95 
registration procedure, 47, 48. 

94-96 
stillbirth 
certificates, 48 
register, 51 
reports required to be made, 

48, 95 
Votes, see Election 

Vouchers, see Orders, county; 

Warrants 
Wabash Railroad, 18 
Wabash River, 4, 5, 6 
Waggoner, 25 
Wait, Silas Lee, chosen to locate 

county seat, 12 
Walshville, 25 

Township, 15 
War of 1812 veterans, land grants 

to, 7 
Warrants 
See also Orders, county 
for arrest, 118, 122. 191. 230 
for commitment of insane and 



IMt UOrtnni 



(War-Zan) 



MAR IS 1941 

UNlVERSnV OF ILUNOiS 



feeble-minded 125 
county 
register of, 6 
stubs of, 6 
s'lUbs of, 13 
highway, cancelled, 11 

register of, 262 
issued by county board, reports, 

of, 270 
jury, register of, 6, 10 
motor fuel tax, register of, 7 
pension 
blind, register of, 6, 8 
mothers' 

register of, 6, 9, 254, 267 
stubs of, 12 
search, 230 
Warranty deeds, record, 90, 93 
Washington, George, 10 
Washington County, 14 
Waveland, early Presbyterian 

Church located at, 24 
West Fork Creek, bridge construct- 
ed over, 17 
Whig Party, 27 
White Plains, battle of, 10 
Whitten, Austin 
courthouse contractor, 63 
early justice of the peace, 15 
Whitten, Easton, early settler, 10 
Widow 
awards and relinquishment, 157, 
170 
and selection, 154, 156, 157, 170 
170 
recording of, 132 
Will 
See also Administrator; Estate; 

Executor; Probate court 
original, 85 [xi], 154 
probate of, applications for, 157, 
159 



proof of, 154, 156, 157, 159 
record, 157, 159 
recorded, 90, 91 
recording of, 132 
Williams, Joseph, early settler, 10 
Wisconsin, 6 
Witness 
affidavits 
circuit court, 191 
county court, 118, 122 
fees 
receipts for, 225 
register, 214-216, 218 
Witt City, population of, 29 
Witt Township, 15 
Wolf bounties, claims for, 2, 5 
Wolfe, General James, led British 

at Quebec, 4 
Workhouse, county empowered to 

build, 45 
Works Progress Administration, 
certificates of sponsors, 
302 
World War veterans 
death certificates of, 52 
honor roll, 114 
Wright, Charles, early settler, 10 
Wright, Joel, first sheriff, 13 
Wright, Joseph 
chosen to locate county seat, 11, 

12 
early settler, 10 
Writs 
in circuit court, 191 
in county court, 118, 122 
of inquisition for insanity, 125 
Yankees and southern settlers, 

animosity between, 7 
Zanesville Township, 15 



—830—