USA > Illinois > McHenry County > Biographical directory of the tax-payers and voters of McHenry County : containing also a map of the county, a condensed history of the state of Illinois, an historical sketch of the county, its towns and villages, an abstract of everyday laws of the state, a business directory, officers of societies, lodges and public officers, a department of general information for farmers, dairymen, etc., etc > Part 6
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When the rent is payable wholly or in part in specific articles of property, or products of the premises, or labor, the landlord may distrain for the value of such articles, products or labor.
Landlords have a lien upon the crops grown or growing upon the demised premises for the rent thereof, and also for the faithful performance of the terms of the lease.
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ABSTRACT OF ILLINOIS STATE LAWS.
Landlords have the same right to enforce their liens against the sub-lessee or assignee, as they have against the tenant to whom the premises were demised.
When a tenant abandons or removes from the premises, or any part thereof, the landlord or his agent or attorney may seize upon any grain or other crops growing upon the premises, or part thereof abandoned, whether the rent is due or not. If such grain or other crops, or any part thereof, is not fully grown or matured, the landlord or his agent or attorney shall cause the same to be properly cultivated and harvested or gathered, and may sell and dispose of the same and apply the proceeds, so far as may be necessary to compensate him for his labor and expenses, and to pay the rent. The tenant may, at any time before sale of the property so seized, redeem the same by tendering the rent and reasonable compensation for work done, or he may replevy the same.
Exemption .- The same articles of personal property, which are by law ex- empt from execution, except the crops grown or growing upon the demised premises, are also exempt from distress for rent.
SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIPTION.
The business of publishing by subscription having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be a more general knowledge of the relation such agents bear to their prin- cipal, and the law governing such cases, the following statement is made :
A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described ; the con- sideration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described in the prospectus and by the sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscrip- tions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional, or modify or change the agreement of the publisher, as set out by prospectus and sample, in order to bind the prin- cipal, the subscriber should see that such conditions or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.
All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as to written contracts is, that they cannot be varied, altered or rescinded verbally, but, if done at all, must be done in writing. It is, therefore, important that all persons contemplating sub-
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scribing should distinctly understand that all talk before or after the subscription is made is not admissible as evidence, and is no part of the contract.
Persons employed to solicit subscriptions are known to the trade as canvassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it in any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They cannot collect money nor agree that payment may be made in anything else but money. They cannot extend the time of payment beyond the time of delivery, nor bind their principal for the payment of expenses incurred in their business.
It would save a great deal of trouble, and often serious loss, if persons, be- fore signing their names to any subscription book, or any written instrument, would examine carefully what it is ; if they cannot read themselves, should call on some one disinterested who can.
BUSINESS FORMS.
NOTES.
Form of note is legal worded in the simplest way, so that the amount and time of payment are mentioned : $100.
Chicago, Ill., Nov. 10, 1876.
Six months from date, I promise to pay E. A. Hyde, or order, One Hundred Dollars, for value received. F. G. FOSTER. A note to be payable in anything else than money needs only the facts substituted for money in the above form.
ORDERS.
Orders should be worded simply thus :
Mr. M. J. Pike :
Chicago, Nov. 10, 1876.
Please pay to E. Felt Twenty-five Dollars, and charge to
L. T. MERRIAM.
RECEIPTS.
Receipts should always state when received, and what for :
$100.
Chicago, Nov. 10, 1876.
Received of J. S. Buckley One Hundred Dollars, for services rendered in digging his well at Woodstock, on account. W. G. BLACK.
If receipt is in full, it should be so stated.
BILLS OF PURCHASE.
Marengo, Ill., Nov. 10, 1876.
J. L. Deem
Bought of L. Wentworth.
5 bushels of seed wheat, at $1.50.
$7 50
2 seamless sacks, 0.30 0 60
$8 10
Received payment.
L. WENTWORTH.
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ARTICLES OF AGREEMENT.
An agreement is where one party promises to another to do a certain thing in a certain time for a stipulated sum. Good business men always reduce an agreement to writing, which nearly always saves misunderstandings and trouble. No particular form is necessary, but the facts must be clearly and explicitly stated, and there must, to make it valid, be a reasonable consideration.
GENERAL FORM OF AGREEMENT.
This agreement, made the second day of October, 1876, between John Jones, of Aurora, County of Kane, State of Illinois, of the first part, and Henry Baker, of the same place, of the second part-
Witnesseth, that the said John Jones, in consideration of the agreement of the party of the second part, hereinafter contained, contracts and agrees to and with the said Henry Baker that he will, deliver, in good and marketable con- dition, at the village of Batavia, Ill., during the month of November, of this year, one hundred tons of prairie hay, in the following lots, and at the following specified times, namely : Twenty-five tons by the seventh of November, twenty- five tons additional by the fourteenth of the month, twenty-five tons more by the twenty-first, and the entire one hundred tons to be all delivered by the thirtieth of November.
And the said Henry Baker, in consideration of the prompt fulfillment of this contract, on the part of the party of the first part, contracts to and agrees with the said John Jones to pay for said hay five dollars per ton, for each ton as soon as delivered.
In case of failure of agreement by either of the parties hereto, it is hereby stipulated and agreed that the party so failing shall pay to the other one hundred dollars, as fixed and settled damages.
In witness whereof, we have hereunto set our hands the day and year first above written.
JOHN JONES, HENRY BAKER.
AGREEMENT WITH CLERK FOR SERVICES.
This agreement, made the first day of May, one thousand eight hundred and seventy-six, between William Bell, of Chicago, County of Cook, State of Illinois, party of the first part, and George Davis, of Englewood, County of Cook, State of Illinois, party of the second part-
Witnesseth, that said George Davis agrees faithfully and diligently to work as clerk and salesman for the said William Bell, for and during the space of one year from the date hereof, should both live such length of time, without absent- ing himself from his occupation; during which time he, the said Davis, in the store of said Bell, of Chicago, will carefully and honestly attend, doing and performing all duties as clerk and salesman aforesaid, in accordance and in all respects as directed and desired by the said Bell.
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In consideration of which services, so to be rendered by the said Davis, the said Bell agrees to pay to said Davis the annual sum of one thousand dollars, payable in twelve equal monthly payments, each upon the last day of each month; provided that all dues for days of absence from business by said Davis shall be deducted from the sum otherwise by the agreement due and payable by the said Bell to the said Davis.
Witness our hands.
WILLIAM BELL. ยท GEORGE DAVIS.
BILLS OF SALE.
A bill of sale is a written agreement to another party, for a consideration to convey his right and interest in the personal property. The purchaser must take actual possession of the property. Juries have power to determine upon the fairness or unfairness of a bill of sale.
COMMON FORM OF BILL OF SALE.
Know all men by this instrument, that I, John Conn, of Princeton, Illinois, of the first part, for and in consideration of five hundred and ten dollars, to me paid by David Grady, of the same place, of the second part, the receipt whereof is hereby acknowledged, have sold and by this instrument do convey unto the said Grady, party of the second part, his executors, administrators and assigns, my undivided half of ten acres of corn, now growing on the farm of Thomas Hart, in the town above mentioned; one pair of horses, sixteen sheep, and five cows, belonging to me, and in my possession at the farm aforesaid; to have and to hold the same unto the party of the second part, his executors and assigns, forever. And I do, for myself and legal representatives, agree with the said party of the second part, and his legal representatives, to warrant and defend the sale of the afore-mentioned property and chattels unto the said party of the second part, and his legal representatives, against all and every person whatsoever.
In witness whereof, I have hereunto affixed my hand, this tenth day of October, one thousand eight hundred and seventy-six. JOHN CONN.
BONDS.
A bond is a written admission on the part of the maker, in which he pledges a certain sum to another, at a certain time.
COMMON FORM OF BOND.
Know all men by this instrument, that I, Jacob Hiner, of Watseka, Iro- quois County, State of Illinois, am firmly bound unto Peter Hickok, of the place aforesaid, in the sum of five hundred dollars, to be paid to the said Peter Hickok, or his legal representatives; to which payment, to be made, I bind myself, or my legal representatives, by this instrument.
Sealed with my seal, and dated this second day of November, one thousand eight hundred and sixty-four.
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The condition of this bond is such that if I, Jacob Hiner, my heirs, admin- istrators or executors, shall promptly pay the sum of two hundred and fifty dollars in three equal annual payments from the date hereof, with annual interest, then the above obligation to be of no effect; otherwise to be in full full force and valid.
Sealed and delivered in
JACOB HINER. [L. S.]
presence of
FRANK HOGAN.
CHATTEL MORTGAGES.
A chattel mortgage is a mortgage on personal property for payment of a certain sum of money, to hold the property against debts of other creditors. The mortgage must describe the property, and must be acknowledged before a Justice of the Peace in the township or precinct where the mortgagee resides, and entered upon his docket, and must be recorded in the Recorder's office of the county.
GENERAL FORM OF CHATTEL MORTGAGE.
This indenture, made and entered into this first day of January, in the year of our Lord one thousand eight hundred and seventy-five, between John Lane, of the town of Geneseo, in the County of Henry, and State of Illinois, party of the first part, and Paul Lake, of the same town, county and State, . party of the second part.
Witnesseth, that the said party of the first part, for and in consideration of the sum of one thousand dollars, in hand paid, the receipt whereof is hereby acknowledged, does hereby grant, sell, convey and confirm unto the said party of the second part, his heirs and assigns forever, all and singular the following described goods and chattels, to wit:
Two three-year old roan-colored horses, one Burdett organ, No. 987, one Brussels carpet, 15x20 feet in size, one marble-top center table, one Home Com- fort cooking stove, No. 8, one black walnut bureau with mirror attached, one set of parlor chairs (six in number), upholstered in green rep, with lounge corresponding with same in style and color of upholstery, now in possession of said Lane, at No. 4 Prairie Ave., Geneseo, Ill .;
Together with all and singular the appurtenances thereunto belonging, or in any wise appertaining; to have and to hold the above described goods and chattels, unto the said party of the second part, his heirs and assigns, forever.
Provided, always, and these presents are upon this express condition, that if the said John Lane, his heirs, executors, administrators or assigns, shall, on or before the first day of January, A. D. one thousand eight hundred and seventy-six, pay, or cause to be paid, to the said Paul Lake, or his lawful attorney or attorneys, heirs, executors, administrators or assigns, the sum of
.
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one thousand dollars, together with the interest that may accrue thereon, at the rate of ten per cent. per annum, from the first day of January, A. D. one thousand eight hundred and seventy-five, until paid, according to the tenor of one promissory note, bearing even date herewith, for the payment of said sum of money, that then and from thenceforth, these presents, and everything herein contained, shall cease, and be null and void, anything herein contained to the contrary notwithstanding.
Provided, also, that the said John Lane may retain the possession of and have the use of said goods and chattels until the day of payment aforesaid; and also, at his own expense, shall keep said goods and chattels; and also at the expiration of said time of payment, if said sum of money, together with the interest as aforesaid, shall not be paid, shall deliver up said goods and chat- tels, in good condition, to said Paul Lake, or his heirs, executors, administrators or assigns.
And provided, also, that if default in payment as aforesaid, by said party of the first part, shall be made, or if said party of the second part shall, at any time before said promissory note becomes due, feel himself unsafe or insecure, that then the said party of the second part, or his attorney, agent, assigns, or heirs, executors or administrators, shall have the right to take possession of said goods and chattels, wherever they may or can be found, and sell the same at public or private sale, to the highest bidder for cash in hand, after giving ten days' notice of the time and place of said sale, together with a description of the goods and chattels to be sold, by at least four advertisements, posted up in public places in the vicinity where said sale is to take place, and proceed to make the sum of money and interest promised as aforesaid, together with all reasonable costs, charges and expenses in so doing; and if there shall be any overplus, shall pay the same without delay to the said party of the first part, or his legal representatives.
In testimony whereof, the said party of the first part has hereunto set his hand and affixed his seal, the day and year first above written.
Signed, sealed and delivered in JOHN LANE. [L. S.]
presence of
R. B. HAYES.
LEASE OF FARM AND BUILDINGS THEREON.
This indenture, made this second day of June, 1875, between David Parker, of the Town of Bisbee, State .of Illinois, of the first part, and John Moore, of the same place, of the second part,
Witnesseth, that the said David Parker, for and in consideration of the covenants hereinafter mentioned and reserved, on the part of the said John Moore, his executors, administrators and assigns, to be paid, kept and performed, hath let, and by these presents doth grant, demise and let,
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unto the said John Moore, his executors, administrators and assigns, all that parcel of land situate in Bisbee aforesaid, bounded and described as follows, to wit :
[Here describe the land.]
Together with all the appurtenances appertaining thereto. To have and to hold the said premises, with appurtenances thereto belonging, unto the said Moore, his executors, administrators and assigns, for the term of five years, from the first day of October next following, at a yearly rent of six hundred dollars, to be paid in equal payments, semi-annually, as long as said buildings are in good tenantable condition.
And the said Moore, by these presents, covenants and agrees to pay all taxes and assessments, and keep in repair all hedges, ditches, rail and other fences (the said David Parker, his heirs, assigns and administrators, to furnish all timber, brick, tile and other materials necessary for such repairs).
Said Moore further covenants and agrees to apply to said land, in a farmer- like manner, all manure and compost accumulating upon said farm, and cultivate all the arable land in a husbandmanlike manner, according to the usual custom among farmers in the neighborhood; he also agrees to trim the hedges at a reasonable time, preventing injury from cattle to such hedges, and to all fruit and other trees on the said premises. That he will seed down with clover and timothy seed twenty acres yearly of arable land, plowing the same number of acres each spring of land now in grass, and hitherto unbroken.
It is further agreed, that if the said Moore shall fail to perform the whole or any one of the above mentioned covenants, then and in that case the said David Parker may declare this lease terminated, by giving three months' notice of the same, prior to the first of October of any year, and may distrain any part of the stock, goods or chattels, or other property in possession of said Moore, for sufficient to compensate for the non-performance of the above written covenants, the same to be determined, and amounts so to be paid to be deter- mined, by three arbitrators, chosen as follows: Each of the parties to this instrument to choose one, and the two so chosen to select a third; the decision of said arbitrators to be final.
In witness whereof, we have hereto set our hands and seals.
Signed, sealed, and delivered DAVID PARKER. [L. s.]
in presence of JAMES WALDRON.
JOHN MOORE. [L. S.]
FORM OF LEASE OF A HOUSE.
This instrument, made the first day of October, 1875, witnessethi that Albert Ward, of Yorkville, County of Kendall, State of Illinois, liath rented from John Shafer, of Logansport aforesaid, the dwelling and lot No. 13 Ohio
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Street, situated in said City of Yorkville, for five years from the above date, at the yearly rental of three hundred dollars, payable monthly, on the first day of each month, in advance, at the residence of said John Shafer.
At the expiration of said above mentioned term, the said Ward agrees to give the said Shafer peaceable possession of the said dwelling, in as good con- dition as when taken, ordinary wear and casualties excepted.
. In witness whereof, we place our hands and seals the day and year aforesaid. Signed, sealed and delivered ALBERT WARD. [L. S.] JOHN SHAFER. [L. s.] in presence of WILLIAM PIERCE,
Notary Public. .
LANDLORD'S AGREEMENT.
This certifies that I have let and rented, this first day of January, 1876, unto Jacob Smith, my house and lot, No. 15 Erie Street, in the City of Chicago, State of Illinois, and its appurtenances; he to have the free and uninterrupted occupation thereof for one year from this date, at the yearly rental of two hundred dollars, to be paid monthly in advance; rent to cease if destroyed by fire, or otherwise made untenantable. ALPHA PIPER.
TENANT'S AGREEMENT.
This certifies that I have hired and taken from Alpha Piper his house and lot, No. 18 Erie Street, in the City of Chicago, State of Illinois, with appur- tenances thereto belonging, for one year, to commence this day, at a yearly rental of two hundred dollars, to be paid monthly in advance, unless said house becomes untenantable from fire or other causes, in which case rent ceases; and I further agree to give and yield said premises one year from this first day of January, 1876, in as good condition as now, ordinary wear and damage by the elements excepted.
Given under my hand this day.
JACOB SMITH.
NOTICE TO QUIT.
To E. D. LYON,
Sir: Please observe that the term of one year, for which the house and land, situated at No. 8 Indiana Street, and now occupied by you, were rented to you, expired on the first day of October, 1875, and as I desire to repossess said premises, you are hereby requested and required to vacate the same.
Respectfully yours, A. E. LAW.
Lincoln, Neb., October 4, 1875.
E
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TENANT'S NOTICE OF LEAVING.
Dear Sir : The premises I now occupy as your tenant, at No. 8 Indiana Street, I shall' vacate on the first day of November, 1875. You will please take notice accordingly.
Dated this tenth day of October, 1875.
E. D. LYON. To A. E. LAW, Esq.
REAL ESTATE MORTGAGE TO SECURE PAYMENT OF MONEY.
This indenture, made this sixteenth day of May, in the year of our Lord one thousand eight hundred and seventy-two, between William Nash, of Peoria, County of Peoria, and State of Illinois, and Olive, his wife, party of the first part, and Edward Roach, party of the second part.
Whereas, the said party of the first part is justly indebted to the said party of the second part, in the sum of two thousand dollars, secured to be paid by two certain promissory notes (bearing even date herewith), the one due and pay- able at the Second National Bank, in Peoria, Illinois, with interest, on the sixteenth day of May, in the year one thousand eight hundred and seventy- three; the other due and payable at the Second National Bank, at Peoria, Illinois, with interest, on the sixteenth day of May, in the year one thousand eight hundred and seventy-four.
Now, therefore, this indenture witnesseth, that the said party of the first part, for the better securing the payment of the money aforesaid, with interest thereon, according to the tenor and effect of the two said promissory notes above mentioned; and, also, in consideration of the further sum of one dollar to them in hand paid by the said party of the second part, at the delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey, unto the said party of the second part, his heirs and assigns, forever, all that certain parcel of land, situate, etc.
[ Describing the premises.]
To have and to hold the same, together with all and singular the tenements, hereditaments, privileges and appurtenances thereunto belonging or in anywise appertaining. And, also, all the estate, interest and claim whatsoever, in law as well as in equity, which the party of the first part have in and to the premises hereby conveyed, unto the said party of the second part, his heirs and assigns, and to their only proper use, benefit and behoof. And the said William Nash, and Olive, his wife, party of the first part, hereby expressly waive, relinquish, release and convey unto the said party of the second part, his heirs, executors, administrators and assigns, all right, title, claim, interest and benefit whatever, in and to the above described premises, and each and every part thereof, which is given by or results from all laws of this State pertaining to the exemption of homesteads.
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MISCELLANEOUS INFORMATION.
Provided always, and these presents are upon this express condition, that if the said party of the first part, their heirs, executors or administrators, shall well and truly pay, or cause to be paid, to the said party of the second part, his heirs, executors, administrators or assigns, the aforesaid sums of money, with such interest thereon, at the time and in the manner specified in the above mentioned promissory notes, according to the true intent and meaning thereof, then in that case, these presents and everything herein expressed shall be absolutely null and void.
In witness whereof, the said party of the first part hereunto set their hands and seals the day and year first above written.
Signed, sealed and delivered in presence of WILLIAM NASH. [L. s.]
JAMES KEMP,
J. C. CARR.
OLIVE NASH. [L. s.]
RATES OF POSTAGE.
LETTERS .- Letters go to any part of the United States for three cents per half ounce, or fraction thereof, if prepaid. Unpaid letters are sent to the. Dead Letter Office, at Washington.
NEWSPAPERS .- Publishers are now required to prepay all postage on news- papers ; only one copy to each actual subscriber residing within the county in which the same is published goes free through the mails.
MISCELLANEOUS MATTER OF THE THIRD CLASS .- Books, unsealed circulars, maps, prints, engravings, music, cards, photographs, types, cuttings, roots, seeds, merchandise, metals, ores and minerals, one cent per two ounces, or fraction thereof, which must be prepaid.
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