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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 commencement 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 published in the county, for four successive weeks.
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
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, carriages and harness kept by them, for the proper charges due for the keeping 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 contract, 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 property. 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 a 300 lb, and Flour at $8 a 12 7 bbl.
per cent and for number. May 1.-Wheat sells at $1.20 a 1.25, "seller June." Seller June
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 66 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.
F. D. SILVA.
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.
Salem, Illinois, Sept. 15, 1876.
Bought of A. A. GRAHAM. 4 Bushels of Seed Wheat, at $1.50
$6.00 2 Seamless Sacks .30
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 Thomas Whiteside, of the same place, of the second partWITNESSETH, 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 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, twentyr 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.
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 diligently 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; 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.
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, 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.