USA > Illinois > DeKalb County > The voters and tax-payers of De Kalb County, Illinois; containing, also, a biographical directory a history of the county and state, map of the county, a business directory, an abstract of every-day laws > Part 7
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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. It for pound, and bbl. for barrel; } for per or by the. Thus, Butter sells at 20@ 30c # Ib, 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 5
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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 66 .30 - $6.00
.60
· Received payment,
A. A. GRAHAM. $6.60
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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 elerk 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, Lonis Clay, of Princeton, Ilinois, 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.
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.
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 Theodore Lottinville, of the town of Geneseo in the County of Henry, and State of Illinois, party of the first part, and Paul Henshaw, of the same town, county, and State, party of the second part.
Witnesseth, that the said party of the first part, for and in consider- ation 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 Comfort 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 Lottinville, at No. 4 Prairie Ave., Geneseo, Ill .;
ABSTRACT OF ILLINOIS STATE LAWS.
Together with all and singular, the appurtenances thereunto belong- ing, 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 Theodore Lottinville, 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 Ranslow, or his lawful attorney or attorneys, heirs, executors, adminis- trators, or assigns, the sum of 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 con- tained, shall cease, and be null and void, anything herein contained to the contrary notwithstanding.
Provided, also, that the said Theodore Lottinville 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 chattels, in good condition, to said Paul Ranslow, 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 publie 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 chat- tels to be sold, by at least four advertisements, posted up in publie 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 reason- able 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
presence of SAMUEL J. TILDEN.
THEODORE LOTTINVILLE. [L.S. ]
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ABSTRACT OF ILLINOIS STATE LAWS.
LEASE OF FARM AND BUILDINGS THEREON.
THIS INDENTURE, made this second day of June, 1875, between David Patton of the Town of Bisbee, State of Illinois, of the first part, and John Doyle of the same place, of the second part,
Witnesseth, that the said David Patton, for and in consideration of the covenants hereinafter mentioned and reserved, on the part of the said John Doyle, his executors, administrators, and assigns, to be paid, kept, and performed, hath let, and by these presents doth grant, demise, and let, unto the said John Doyle, 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 Doyle, 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 Doyle, 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 Patton, his heirs, assigns and administra- tors, to furnish all timber, brick, tile, and other materials necessary for such repairs.)
Said Doyle 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 husbandlike manner, accord- ing to the usual custom among farmers in the neighborhood; he also agrees to trim the hedges at a seasonable 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, ploughing the same number of acres each Spring of land now in grass, and hitherto unbroken.
It is further agreed, that if the said Doyle shall fail to perform the whole or any one of the above mentioned covenants, then and in that case the said David Patton 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 Doyle, for sufficient to compensate for the non-performance of the above written covenants, the same to be deter- mined, and amounts so to be paid to be determined, by three arbitrators, chosen as follows: Each of the parties to this instrument to choose one,
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ABSTRACT OF ILLINOIS STATE LAWS.
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
in presence of JAMES WALDRON.
DAVID PATTON. [L.s.]
JOHN DOYLE. [L.S.]
FORM OF LEASE OF A HOUSE.
THIS INSTRUMENT, made the first day of October, 1875, witnesseth that Amos Griest of Yorkville, County of Kendall, State of Illinois, hath rented from Aaron Young of Logansport aforesaid, the dwelling and lot No. 13 Ohio Street, situated in said City of Yorkville, for five years from the above date, at the yearly rental of Three Hundred dollars, pay- able monthly, on the first day of each month, in advance, at the residence of said Aaron Young.
At the expiration of said above mentioned term, the said Griest agrees to give the said Young peaceable possession of the said dwelling, in as good condition 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 in presence of
AMOS GRIEST. [L.s.]
NICKOLAS SCHUTZ,
AARON YOUNG. [L.S.]
Notary Public.
LANDLORD'S AGREEMENT.
THIS certifies that I have let and rented, this first day of January, 1876, unto Jacob Schmidt, 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.
PETER FUNK.
TENANT'S AGREEMENT.
THIS certifies that I have hired and taken from Peter Funk, his honse and lot, No. 15 Erie Street. in the City of Chicago, State of Illi- nois, with appurtenances 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 SCHMIDT.
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ABSTRACT OF ILLINOIS STATE LAWS.
NOTICE TO QUIT.
To F. W. ARLEN,
Sir : Please observe that the term of one year, for which the house and land, situated at No. 6 Indiana Street, and now occupied by you, were rented to you, expired on the first day of October, 1875, and as 1 desire to repossess said premises, you are hereby requested and required to vacate the same. Respectfully Yours,
P. T. BARNUM.
LINCOLN, NEB., October 4, 1875.
TENANT'S NOTICE OF LEAVING.
DEAR SIR :
The premises I now occupy as your tenant, at No. 6 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.
F. W. ARLEN. To P. T. BARNUM, 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 Stocker, of Peoria, County of Peoria, and State of Illinois, and Olla, his wife, party of the first part, and Edward Singer, 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 payable 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, Ill., 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 said two promissory notes above mentioned ; and, also in consideration of the fur- ther sum of one dollar to them in hand paid by the said party of the sec- ond part, at the delivery of these presents, the receipt whereof is hereby acknowledged, hive 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 Appartenances ther unto
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ABSTRACT OF ILLINOIS STATE LAWS.
belonging or in any wise 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 Stocker, and Olla, 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 per- taining to the exemption of homesteads.
Provided always, and these presents are upon this express condition, that if the said party of the first part, their heirs, executors, or adminis- trators, 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 afore- said 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 every thing 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
JAMES WHITEHEAD,
WILLIAM STOCKER. [L.S.]
FRED. SAMUELS.
OLLA STOCKER. [L.S.]
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