USA > Illinois > Lake County > The past and present of Lake County, Illinois, containing a history of the county a biographical directory war record early settlers statistics history of Illinois the Northwest etc., etc > Part 14
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The residence of the inmates of poorhouses and other charitable institutions for voting purposes is their former place of abode.
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ABSTRACT OF ILLINOIS STATE LAWS.
FENCES.
In counties under township organization, the town assessor and com- missioner of highways are the fence-viewers in their respective towns. In other counties the County Board appoints three in each precinct annu- ally. A lawful fence is four and one-half feet high, in good repair, con- sisting of rails, timber, boards, stone, hedges, or whatever the fence- viewers of the town or precinct where the same shall lie, shall consider equivalent thereto, but in counties under township organization the annual town meeting may establish any other kind of fence as such, or the County Board in other counties may do the same. Division fences shall be made and maintained in just proportion by the adjoining owners, except when the owner shall choose to let his land lie open, but after a division fence is built by agreement or otherwise, neither party can remove his part of such fence so long as he may crop or use such land for farm purposes, or without giving the other party one year's notice in writing of his intention to remove his portion. When any person shall enclose his land upon the enclosure of another, he shall refund the owner of the adjoining lands a just pro- portion of the value at that time of such fence. The value of fence and the just proportion to be paid or built and maintained by each is to be ascertained by two fence-viewers in the town or precinct. Such fence- viewers have power to settle all disputes between different owners as to fences built or to be built, as well as to repairs to be made. Each party chooses one of the viewers, but if the other party neglects, after eight days' notice in writing, to make his choice, then the other party may select both. It is sufficient to notify the tenant or party in possession, when the owner is not a resident of the town or precinct. The two fence-viewers chosen, after viewing the premises, shall hear the state- ments of the parties, in case they can't agree, they shall select another fence-viewer to act with them, and the decision of any two of them is final. The decision must be reduced to writing, and should plainly set out description of fence and all matters settled by them, and must be filed in the office of the town clerk in counties under township organiza- tion, and in other counties with the county clerk.
Where any person is liable to contribute to the erection or the repairing of a division fence, neglects or refuses so to do, the party injured, after giving sixty days notice in writing when a fence is to be erected, or ten days when it is only repairs, may proceed to have the work done at the expense of the party whose duty it is to do it, to be recovered from him with costs of suit, and the party so neglecting shall also be liable to the party injured for all damages accruing from such neglect or refusal, to be determined by any two fence-viewers selected as before provided, the appraisement to be reduced to writing and signed.
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ABSTRACT OF ILLINOIS STATE LAWS.
Where a person shall conclude to remove his part of a division fence. and let his land lie open, and having given the year's notice required, the adjoining owner may cause the value of said fence to be ascertained by fence-viewers as before provided, and on payment or tender of the amount of such valuation to the owner, it shall prevent the removal. . A party removing a division fence without notice is liable for the damages accruing thereby.
Where a fence has been built on the land of another through mis- take, the owner may enter upon such premises and remove his fence and material within six months after the division line has been ascertained. Where the material to build such a fence has been taken from the land on which it was built, then before it can be removed, the person claiming must first pay for such material to the owner of the land from which it was taken, nor shall such a fence be removed at a time when the removal will throw open or expose the crops of the other party ; a reasonable time must be given beyond the six months to remove crops.
The compensation of fence-viewers is one dollar and fifty cents a day each, to be paid in the first instance by the party calling them, but in the end all expenses, including amount charged by the fence-viewers, must be paid equally by the parties, except in cases where a party neglects or refuses to make or maintain a just proportion of a division fence, when the party in default shall pay them.
DAMAGES FROM TRESPASS.
Where stock of any kind breaks into any person's enclosure, the fence being good and sufficient, the owner is liable for the damage done ; but where the damage is done by stock running at large, contrary to law, the owner is liable where there is not such a fence. Where stock is found trespassing on the enclosure of another as aforesaid, the owner OI occupier of the premises may take possession of such stock and keep the same until damages, with reasonable charges for keeping and feeding and all costs of suit, are paid. Any person taking or rescuing such stock so held without his consent, shall be liable to a fine of not less than three nor more than five dollars for each animal rescued, to be recovered by suit before a justice of the peace for the use of the school fund. Within twenty-four hours after taking such animal into his possession, the per- son taking it up must give notice of the fact to the owner, if known, or if unknown, notices must be posted in some public place near the premises.
LANDLORD AND TENANT.
The owner of lands, or his legal representatives, can sue for and recover rent therefor, in any of the following cases :
First. When rent is due and in arrears on a lease for life or lives.
5
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ABSTRACT OF ILLINOIS STATE LAWS.
Second. When lands are held and occupied by any person without any special agreement for rent.
Third. When possession is obtained under an agreement, written or verbal, for the purchase of the premises and before deed given, the right to possession is terminated by forfeiture on con-compliance with the agreement, and possession is wrongfully refused or neglected to be given upon demand made in writing by the party entitled thereto. Provided that all payments made by the vendee or his representatives or assigns, may be set off against the rent.
Fourth. When land has been sold upon a judgment or a decree of court, when the party to such judgment or decree, or person holding under him, wrongfully refuses, or neglects, to surrender possession of the same, after demand in writing by the person entitled to the possession.
Fifth. When the lands have been sold upon a mortgage or trust deed, and the mortgagor or grantor or person holding under him, wrong- fully refuses or neglects to surrender possession of the same, after demand in writing by the person entitled to the possession.
If any tenant, or any person who shall come into possession from or under or by collusion with such tenant, shall willfully hold over any lands, etc., after the expiration the term of their lease, and after demand made in writing for the possession thereof, is liable to pay double rent. A tenancy from year to year requires sixty days notice in writing, to termi- nate the same at the end of the year; such notice can be given at any time within four months preceding the last sixty days of the year.
A tenancy by the month, or less than a year, where the tenant holds over without any special agreement, the landlord may terminate the tenancy, by thirty days notice in writing.
When rent is due, the landlord may serve a notice upon the tenant, stating that unless the rent is paid within not less than five days, his lease will be terminated ; if the rent is not paid, the landlord may consider the lease ended. When default is made in any of the terms of a lease, it shall not be necessary to give more than ten days notice to quit or of the termination of such tenancy ; and the same may be terminated on giving such notice to quit, at any time after such default in any of the terms of such lease ; which notice may be substantially in the following form, viz:
To -, You are hereby notified that, in consequence of your default in (here insert the character of the default), of the premises now occupied by you, being etc. (here describe the premises), I have elected to deter- mine your lease, and you are hereby notified to quit and deliver up pos- session of the same to me within ten days of this date (dated, etc.)
The above to be signed by the lessor or his agent, and no other notice or demand of possession or termination of such tenancy is necessary.
Demand may be made, or notice served, by delivering a written or
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ABSTRACT OF ILLINOIS STATE LAWS.
printed, or partly either, copy thereof to the tenant, or leaving the same with some person above the age of twelve years residing on or in posses- sion of the premises ; and in case no one is in the actual possession of the said premises, then by posting the same on the premises. When the tenancy is for a certain time, and the term expires by the terms of the lease, the tenant is then bound to surrender possession, and no notice to quit or demand of possession is necessary.
Distress for rent .- In all cases of distress for rent, the landlord, by himself, his agent or attorney, may seize for rent any personal property of his tenant that may be found in the county where the tenant resides ; the property of any other person, even if found on the premises, is not liable.
An inventory of the property levied upon, with a statement of the amount of rent claimed, should be at once filed with some justice of the peace, if not over $200; and if above that sum, with the clerk of a court of record of competent jurisdiction. Property may be released, by the party executing a satisfactory bond for double the amount.
The landlord may distrain for rent, any time within six months after the expiration of the term of the lease, or when terminated.
In all cases where the premises rented shall be sub-let, or the lease assigned, the landlord shall have the same right to enforce lien against such lessee or assignee, that he has against the tenant to whom the pre- mises were rented.
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 grown or growing upon the premises, or part thereof so 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, harvested or gathered, and may sell the same, and from the proceeds pay all his labor, expenses and rent. The tenant may, before the sale of such pro- perty, 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 exempt from execution, except the crops as above stated, is also exempt from distress for rent.
If any tenant is about to or shall permit or attempt to sell and remove from the premises, without the consent of his landlord, such portion of the crops raised thereon as will endanger the lien of the land- lord upon such crops, for the rent, it shall be lawful for the landlord to distress before rent is due.
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ABSTRACT OF ILLINOIS STATE LAWS.
LIENS.
Any person who shall by contract, express or implied, or partly both, with the owner of any lot or tract of land, furnish labor or material, or services as an architect or superintendent, in building, altering, repairing or ornamenting any house or other building or appurtenance thereto on such lot, or upon any street or alley, and connected with such improve- ments, shall have a lien upon the whole of such lot or tract of land, and upon such house or building and appurtenances, for the amount due to him for such labor, material or services. If the contract is expressed, and the time for the completion of the work is beyond three years from the com- mencement thereof; or, if the time of payment is beyond one year from the time stipulated for the completion of the work, then no lien exists. If the contract is implied, then no lien exists, unless the work be done or material is furnished within one year from the commencement of the work or delivery of the materials. As between different creditors having liens, no preference is given to the one whose contract was first made ; but each shares pro-rata. Incumbrances existing on the lot or tract of the land at the time the contract is made, do not operate on the improvements, and are only preferred to the extent of the value of the land at the time of making the contract. The above lien can not be enforced unless suit is commenced within six months after the last payment for labor or materials shall have become due and payable. Sub-contractors, mechanics, workmen and other persons furnishing any material, or performing any labor for a contractor as before specified, have a lien to the extent of the amount due the contractor at the time the following notice is served upon the owner of the land who made the contract:
To -, You are hereby notified, that I have been employed by- - (here state whether to labor or furnish material, and substantially the nature of the demand) upon your (here state in general terms description and situation of building), and that I shall hold the (building, or as the case may be), and your interest in the ground, liable for the amount that may (is or may become) due me on account thereof. Signature, - Date, -
If there is a contract in writing between contractor and sub-contractor, a copy of it should be served with above notice, and said notice must be served within forty days from the completion of such sub-contract, if there is one ; if not, then from the time payment should have been made to the person performing the labor or furnishing the material. If the owner is not a resident of the county, or can not be found therein, then the above notice must be filed with the clerk of the Circuit Court, with his fee, fifty cents, and a copy of said notice must be published in a newspaper pub- lished in the county, for four successive weeks.
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ABSTRACT OF ILLINOIS STATE LAWS.
When the owner or agent is notified as above, he can retain any money due the contractor sufficient to pay such claim ; if more than one claim, and not enough to pay all, they are to be paid pro rata.
The owner has the right to demand in writing, a statement of the contractor, of what he owes for labor, etc., from time to time as the work progresses, and on his failure to comply, forfeits to the owner $50-for every offense.
The liens referred to cover any and all estates, whether in fee for life, for years, or any other interest which the owner may have.
To enforce the lien of sub-contractors, suit must be commenced within three months from the time of the performance of the sub-contract, or during the work or furnishing materials.
Hotel, inn and boarding-house keepers, have a lien upon the baggage and other valuables of their guests or boarders, brought into such hotel, inn or boarding-house, by their guests or boarders, for the proper charges due from such guests or boarders for their accommodation, board and lodgings, and such extras as are furnished at their request.
Stable-keepers and other persons have a lien upon the horses, car- riages and harness kept by them, for the proper charges due for the keep- ing thereof and expenses bestowed thereon at the request of the owner or the person having the possession of the same.
Agisters (persons who take care of cattle belonging to others), and persons keeping, yarding, feeding or pasturing domestic animals, shall have a lien upon the animals agistered, kept, yarded or fed, for the proper charges due for such service.
All persons who may furnish any railroad corporation in this state with fuel, ties, material, supplies or any other article or thing necessary for the construction, maintenance, operation or repair of its road by con- tract, or may perform work or labor on the same, is entitled to be paid as part of the current expenses of the road, and have a lien upon all its pro- perty. Sub-contractors or laborers have also a lien. The conditions and limitations both as to contractors and sub-contractors, are about the same as herein stated as to general liens.
DEFINITION OF COMMERCIAL TERMS.
$- means dollars, being a contraction of U. S., which was formerly placed before any denomination of money, and meant, as it means now, United States Currency.
£- means pounds, English money.
@ stands for at or to. Ib for pound; and bbl. for barrel; + for per or by the. Thus, Butter sells at 20@30c & #b, and Flour at $8@12 @ bbl.
% for per cent and # for number.
May 1 .- Wheat sells at $1.20@1.25, "seller June." Seller June
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ABSTRACT OF ILLINOIS STATE LAWS.
means that the person who sells the wheat has the privilege of delivering it at any time during the month of June.
Selling short, is contracting to deliver a certain amount of grain or stock, at a fixed price, within a certain length of time, when the seller has not the stock on hand. It is for the interest of the person selling "short," to depress the market as much as possible, in order that he may buy and fill his contract at a profit. Hence the "shorts " are termed " bears."
Buying long, is to contract to purchase a certain amount of grain or shares of stock at a fixed price, deliverable within a stipulated time, expecting to make a profit by the rise of prices. The "longs " are termed " bulls," as it is for their interest to " operate " so as to " toss " the prices upward as much as possible.
NOTES.
Form of note is legal, worded in the simplest way, so that the amount and time of payment are mentioned.
$100. Chicago, Ill., Sept. 15, 1876.
Sixty days from date I promise to pay to E. F. Brown, or order, One Hundred dollars, for value received.
L. D. LOWRY.
A note to be payable in any thing else than money needs only the facts substituted for money in the above form.
ORDERS.
Orders should be worded simply, thus :
Mr. F. H. COATS : Chicago, Sept. 15, 1876.
Please pay to H. Birdsall, Twenty-five dollars, and charge to F. D. SILVA.
RECEIPTS.
Receipts should always state when received and what for, thus : $100.
Chicago, Sept. 15, 1876. -
Received of J. W. Davis, One Hundred dollars, for services rendered in grading his lot in Fort Madison, on account.
THOMAS BRADY.
If receipt is in full it should be so stated.
BILLS OF PURCHASE.
W. N. MASON, Salem, Illinois, Sept. 15, 1876.
Bought of A. A. GRAHAM.
4 Bushels of Seed Wheat, at $1.50
2 Seamless Sacks .30 - $6.00
.60
Received payment, $6.60
A. A. GRAHAM.
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ABSTRACT OF ILLINOIS STATE LAWS.
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 misunder- standings 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 Thomas Whiteside, of the same place, of the second part -
WITNESSETH, that the said John Jones, in consideration of the agree- ment of the party of the second part, hereinafter contained, contracts and agrees to and with the said Thomas Whiteside, that he will deliver, in good and marketable condition, 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 Thomas Whiteside, 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,
THOMAS WHITESIDE.
AGREEMENT WITH CLERK FOR SERVICES.
THIS AGREEMENT, made the first day of May, one thousand eight hundred and seventy-six, between Reuben Stone, of Chicago, County of Cook, State of Illinois, party of the first part, and George Barclay, of Englewood, County of Cook, State of Illinois, party of the second part -
WITNESSETH, that said George Barclay agrees faithfully and dili- gently to work as clerk and salesman for the said Reuben Stone, for and during the space of one year from the date hereof, should both live such length of time, without absenting himself from his occupation ;
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ABSTRACT OF ILLINOIS STATE LAWS.
during which time he, the said Barclay, in the store of said Stone, 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 Stone.
In consideration of which services, so to be rendered by the said Barclay, the said Stone agrees to pay to said Barclay 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 Barclay, shall be deducted from the sum otherwise by the agreement due and payable by the said Stone to the said Barclay.
Witness our hands.
REUBEN STONE. GEORGE BARCLAY.
BILLS OF SALE.
A bill of sale is a written agreement to another party, for a consider- ation 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, Louis Clay, of Princeton, Illinois, of the first part, for and in consideration of Five Hundred and Ten dollars, to me paid by John Floyd, 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 Floyd, 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 Tyrrell, 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.
LOUIS CLAY.
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.
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ABSTRACT OF ILLINOIS STATE LAWS.
COMMON FORM OF BOND.
KNOW ALL MEN by this instrument, that I, George Edgerton, of Watseka, Iroquois County, State of Illinois, am firmly bound unto Peter Kirchoff, of the place aforesaid, in the sum of five hundred dollars, to be paid to the said Peter Kirchoff, 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.
The condition of this bond is such that if I, George Edgerton, my heirs, administrators, 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 force and valid.
Sealed and delivered in
presence of
WILLIAM TURNER.
GEORGE EDGERTON. [L.s.]
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.
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