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S. B. (Simeon Baldwin) Chittenden.

History of Henry county, Illinois : it's taxpayers and voters; containing also, a biographical directory, a condensed history of the state; map of the county; a business directory...etc online

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Online LibraryS. B. (Simeon Baldwin) ChittendenHistory of Henry county, Illinois : it's taxpayers and voters; containing also, a biographical directory, a condensed history of the state; map of the county; a business directory...etc → online text (page 8 of 78)
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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 AMOS GRIEST. [L.S.]

in presence of

NlCKOLAS 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
house 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 us good
condition as now, ordinary wear and damage by the elements excepted.

Given under my hand this day. JACOB SCHMIDT.



ABSTRACT OF ILLINOIS STATE LAWS. 73

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 I
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, 111., 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, have granted, bargained, sold, and conveyed, and by these
presents do grant, bargain, sell, and convey, uuto 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



74 ABSTRACT OP 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 liy 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.]

WARRANTY DEED WITH COVENANTS.

THIS INDENTURE, made this sixth day of April, in the year of our
Lord one thousand eight hundred and seventy-two, between Henry Best
of Lawrence, County of Lawrence, State of Illinois, and Belle, his wife,
of the first part, and Charles Pearson of the same place, of the second part,

Witnesseth, that the said party of the first part, for and in consideration
of the s'lin of Six Thousand dollars in hand paid by the said party of the
second part, the receipt whereof is hereby acknowledged, have granted,
bargained, and sold, and by these presents do grant, bargain, and sell,
unto the said party of the second part, his heirs and assigns, ail the fol-
lowing described lot, piece, or parcel of land, situated in the City of Law-
rence, in the County of Lawrence, and State of Illinois, to wit :
[Here describe the property.]

Together with all and singular the hereditaments and appurtenances
thereunto belonging or in any wise appertaining, and the reversion and
reversions, remainder and remainders, rents, issues, and profits thereof ;
and all the-estate, ngtit, title, interest, claim, and demand whatsoever, of
the said party of the nrst part, either in law or equity, of, in, and to the



ABSTRACT OP ILLINOIS STATE LAWS. 75

above bargained premises, with the hereditaments and appurtenances.
To have and to hold the said premises above bargained and described,
with the appurtenances, unto the said party of the second part, his heirs
and assigns, forever. And the said Henry Best, and Belle, his wife, par-
ties of the first part, hereby expressly waive, release, and relinquish 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.

And the said Heury Best, and Belle, his wife, party of the first
part, for themselves and their heirs, executors, and administrators, do
covenant, grant, bargain, and agree, to and with the said party of the
second part, his heirs and assigns, that at the time of the ensealing and
delivery of these presents they were well seized of the premises above
conveyed, as of a good, sure, perfect, absolute, and indefeasible estate of
inheritance in law, and in fee simple, and have good right, full power,
and lawful authority to grant, bargain, sell, and convey the same, in
manner and form aforesaid, and that the same are free and clear from all
former and other grants, bargains, sales, liens, taxes, assessments, and
encumbrances of what kind or nature soever ; and the above bargained
premises in the quiet and peaceable possession of the said party of the
second part, his heirs and assigns, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said party
of the first part shall and will warrant and forever defend.

In testimony whereof, the said parties of the first part have hereunto
set their hands and seals the day and year first above written.
Signed, sealed and delivered

in presence of HENRY BEST, [L.S.]

JEKRY LINKLATER. BELLE BEST. [L.S.]

QUIT-CLAIM DEED.

THIS INDENTURE, made the eighth day of June, in the year of our
Lord one thousand eight hundred and seventy-four, between David Tour,
of Piano, County of Kendall, State of Illinois, party of the first part,
and Larry O'Brien, of the same place, party of the second part,

Witnesseth, that the said party of the first part, for and in considera-
tion of Nine Hundred dollars in hand paid by the said party of the sec-
ond part, the receipt whereof is hereby acknowledged, and the said party
of the second part forever released and discharged therefrom, has remised,
released, sold, conveyed, and quit-claimed, and by these presents does
remise, release, sell, convey, and quit-claim, unto the said party of the
second part, his heirs and assigns, forever, all the right, title, interest,



76 ABSTRACT OF ILLINOIS STATE LAWS.

claim, and demand, which the said party of the first part has in and to
the following described lot, piece, or parcel of land, to wit :

[Here describe the land.~\

To have and to hold the same, together with all and singular the
appurtenances and privileges thereunto belonging, or in any wise there-
unto appertaining, and all the estate, right, title, interest, and claim
whatever, of the said party of the first part, either in law or equity, to
the only proper use, benefit, and behoof of the said party of the second
part, his heirs and assigns forever.

In witness whereof the said party of the first part hereunto set his
hand and seal the day and year above written.
Signed, sealed and delivered DAVID TOUR. [L.S.]

in presence of
THOMAS ASHLEY.

The above forms of Deeds and Mortgage are such as have heretofore
been generally used, but the following are much shorter, and are made
equally valid by the laws of this state.

WARRANTY DEED.

The grantor (here insert name or names and place of residence), for
and in consideration of (here insert consideration) in hand paid, conveys
and warrants to (here insert the grantee's name or names) the following
described real estate (here insert description), situated in the County of
in the State of Illinois.

Dated this day of A. D. 18 .

QUIT CLAIM DEED.

The grantor (here insert grantor's name or names and place of resi-
dence), for the consideration of (here insert consideration) convey and
quit-claim to (here insert grantee's name or names) all interest in the
following described real estate (here insert description), situated in the
County of in the State of Illinois.

Dated this - - day of - A. D. 18 .

MORTGAGE.

The mortgagor (here insert name or names) mortgages and warrants
to (here insert name or names of mortgagee or mortgagees), to secure the
pavment of (here recite the nature and amount of indebtedness, showing
when due and the rate of interest, and whether secured by note or other-
wise), the following described real estate (here insert description thereof),
situated in the County of in the State of Illinois.

Dated this day of A. D. 18 .

RELEASE.

KNOW ALL MEN by these presents, that I, Peter Ahlund, of Chicago,
of the County of Cook, and State of Illinois, for anil in consideration of
One dollar, to me in hand paid, and for other good and valuable considera-



ABSTRACT OF ILLINOIS STATE LAWS. 77

tions, the receipt whereof is hereby confessed, do hereby grant, bargain,
remise, convey, release, and quit-claim unto Joseph Carlin of Chicago,
of the County of Cook, and State of Illinois, all the right, title, interest,
claim, or demand whatsoever, I may have acquired in, through, or by a
certain Indenture or Mortgage Deed, bearing date the second day of Jan-
uary, A. D. 1871, and recorded in the Recorder's office of said county,
in book A of Deeds, page 46, to the premises therein described, and which
said Deed was made to secure one certain promissory note, bearing even
date with said deed, for the sum of Three Hundred dollars.

Witness my hand and seal, this second day of November, A. D. 1874.

PETER AHLUND. [L.S.]
State of Illinois, )

Cook County. \ I, George Saxton, a Notary Public in

and for said county, in the state aforesaid, do hereby
certify that Peter Ahlund, personally known to me
as the same person whose name is subscribed to the
foregoing Release, appeared before me this day in
[_ NO jE.fiI AL ] person, and acknowledged that he signed, sealed, and
delivered the said instrument of writing as his free
and voluntary act, for the uses and purposes therein
set forth.

Given under my hand and seal, this second day of
November, A. D. 1874.

GEORGE SAXTON, N. P.

GENERAL FORM OF WILL FOR REAL AND PERSONAL PROPERTY.

I, Charles Mansfield, of the Town of Salem, County of Jackson,
State of Illinois, being aware of the uncertainty of life, and in failing
health, but of sound mind and memory, do make and declare this to be
my last will and testament, in manner following, to wit:

First. I give, devise and bequeath unto my oldest son, Sidney H.
Mansfield, the sum of Two Thousand Dollars, of bank stock, now in the
Third National Bank of Cincinnati, Ohio, and the farm owned by myself
in the Town of Buskirk, consisting of one hundred and sixty acres, with
.ill the houses, tenements, and improvements thereunto belonging ; to
have and to hold unto my said son, his heirs and assigns, forever.

Second. I give, devise and bequeath to each of my daughters, Anna
Louise Mansfield and Ida Clara Mansfield, each Two Thousand dollars in
bank stock, in the Third National Bank of Cincinnati, Ohio, and also each
one quarter section of land, owned by myself, situated in the Town of
Lake, Illinois, and recorded in my name in the Recorder's office in the
county where such land is located. The north one hundred and sixty
acres of said half section is devised to my eldest daughter, Anna Louise.
6



78 ABSTRACT OP ILLINOIS STATE LAWS.

Third. I give, devise and bequeath to my son, Frank Alfred Mans-
field, Five shares of Railroad stock in the Baltimore and Ohio Railroad,
and my one hundred and sixty acres of land and saw mill thereon, situ-
ated in Manistee, Michigan, with all the improvement* and appurtenances
thereunto belonging, which said real estate is recorded in my name in the
county where situated.

fourth. I give to my wife, Victoria Elizabeth Mansfield, all my
household furniture, goods, chattels, and personal property, about my
home, not hitherto disposed of, including Eight Thousand dollars of bank
stock in the Third Nation.il Bank of Cincinnati, Ohio, Fifteen shares in
the Baltimore and Ohio Railroad, and the free and unrestricted use, pos-
session, and benefit of the home farm, so long as she may live, in lieu of
dower, to which she is entitled by law ; said farm being my present place
of residence.

Fifth. I bequeath to my invalid father, Elijah H. Mansfield, the
income from rents of my store building at 145 Jackson Street, Chicago,
Illinois, during the term of his natural life. Said building and land there-
with to revert to my said sons and daughters in equal proportion, upon
the demise of my said father.

Sixth. It is also my will and desire that, at the death of my wife r
Victoria Elizabeth Mansfield, or at any time when she may arrange to
relinquish her life interest in the above mentioned homestead, the same
may revert to my above named children, or to the lawful heirs of each.

And lastly. I nominate and appoint as executors of this my last will
and testament, my wife, Victoria Elizabeth Mansfield, and my eldest son.
Sidney H. Mansfield.

I further direct that my debts and necessary funeral expenses shad
be paid from moneys now on deposit in the Savings Bank of Salem, the
residue of such moneys to revert to my wife, Victoria Elizabeth Mansfield,
for her use forever.

In witness whereof, I, Charles Mansfield, to this my last will and
testament, have hereunto set my hand and seal, this fourth day of April.
eighteen hundred and seventy-two.



Signed, sealed, and declared by Charles
Mansfield, as and for his last will and
testament, in the presence of us, who,
at his request, and in his presence, and
in the presence of each other, have sub-
scribed our names hereunto as witnesses
thereof.

PETER A. SCHENCK, Sycamore, Ills.

FRANK E. DENT, Salem, Ills.



CHARLES MANSFIELU. [L.S.J



ABSTRACT OF ILLINOIS STATE LAWS. 79

CODICIL.

Whereas I, Charles Mansfield, did, on the fourth day of April, one
thousand eight hundred and seventy-two, make my last will and testa-
ment, I do now, by this writing, add this codicil to my said will, to be
taken as a part thereof.

Whereas, by the dispensation of Providence, my daughter, Anna
Louise, has deceased November fifth, eighteen hundred and seventy-three,
and whereas, a son has been born to me, which son is now christened
Richard Albert Mansfield, I give and bequeath unto him my gold watch,
and all right, interest, and title in lands and bank stock and chattels
bequeathed to my deceased daughter, Anna Louise, in the body of this will.

In witness whereof, I hereunto place my hand and seal, this tenth
day of March, eighteen hundred and seventy-five.

Signed, sealed, published, and declared to"

us by the testator, Charles Mansfield, as CHARLES MANSFIELD. [L.S.]

and for a codicil to be annexed to his

last will and testament. And we, at

his request, and in his presence, and in

the presence of each other, have sub-
scribed our names as witnesses thereto,

at the date hereof.
FRANK E. DENT, Salem, Ills.
JOHN C. SHAY, Salem, Ills.

CHURCH ORGANIZATIONS

May be legally made by electing or appointing, according to the usages-
or customs of the body of which it is a part, at any meeting held for that
purpose, two or more of its members as trustees, wardens or vestrymen, and
may adopt a corporate name. The chairman or secretary of such meeting
shall, as soon as possible, make and file in the office of the recorder of
deeds of the county, an affidavit substantially in the following form :
STATE OF ILLINOIS,



County.



ss.



I, , do solemnly swear (or affirm, as the case may be),

that at a meeting of the members of the (here insert the name of the
church, society or congregation as known before organization), held at

(here insert place of meeting), in the County of , and State of

Illinois, on the - - day of - , A.D. 18 , for that purpose, the fol-
lowing persons were elected (or appointed) [here insert their names}
trustees, wardens, vestrymen, (or officers by whatever name they may
choose to adopt, with powers similar to trustees) according to the rules
and usages of sucb (church, society or congregation), and said



80 ABSTRACT OF ILLINOIS STATE LAWS.

adopted as its corporate name (here insert name), and at said meeting
this affiant acted as (chairman or secretary, as the case may be).

Subscribed and sworn to before me, this day of - , A.D.

1? . Name of Affiant

which affidavit must be recorded by the recorder, and shall be, or a certi-
fied copy made by the recorder, received as evidence of such an incorpo-
ration.

No certificate of election after the first need be filed for record.

The term of office of the trustees and the general government of the
society can be determined by the rules or by-laws adopted. Failure to
elect trustees at the time provided does not work a dissolution, but the
old trustees hold over. A trustee or trustees may be removed, in the
same manner by the society as elections are held by a meeting called for
that purpose. The property of the society vests in the corporation. The
corporation may hold, or acquire by purchase or otherwise, land not
exceeding ten acres, for the purpose of the society. The trustees have
the care, custody and control of the property of the corporation, and can,
tvhen directed by the society, erect houses or improvements, and repair
and alter the same, and may also when so directed by the society,
mortgage, encumber, sell and convey any real or personal estate belonging
to the corporation, and make all proper contracts in the name of such
corporation. But the}' are prohibited by law from encumbering or inter-
fering with any property so as to destroy the effect of any gift, grant,
devise or bequest to the corporation ; but such gifts, grants, devises or
bequests, must in all cases be used so as to cany out the object intended
by'the persons making the same. Existing societies may organize in the
manner herein set forth, and have all the advantages thereof.

SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIPTION.

The business of publishing books 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 possi-
ble, and that there may be more general knowledge of the relation such
agents bear to their principal, and the law governing such cases, the fol-
lowing 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 consideration 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 iiforlt is described in the prospectus
and by the sample shown. These should be carefully examined before sub-
scribing, as they are the basis and consideration of the promise to pay,



ABSTRACT OF ILLINOIS STATE LAWS. 81

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 subscriptions 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 principal, the subscriber should see that
such conditions or changes are stated over or in connection with his signa-
ture, 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 can not be varied, altered or rescinded verbally, but if done at all,
must be done in writing. It is therefore important that all persons contem-
plating subscribing 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 can not collect money, or agree that payment may be made
in anything else but money. They can not extend the time of payment
beyond the time of delivery, nor bind their principal for the payment of
expenses incurred in their buisness.

It would save a great deal of trouble, and often serious loss, if persons.
before signing their names to any subscription book, or any written instru-
ment, would examine carefully what it is ; if they can not read themselves,
should call on some one disinteresfed who can.



.82



MISCELLANEOUS INFORMATION.



INTEREST TABLE.

A SIMPLE RULE FOR ACCURATELY COMPUTING INTEREST AT ANY GIVEN PER CENT. FOR



Online LibraryS. B. (Simeon Baldwin) ChittendenHistory of Henry county, Illinois : it's taxpayers and voters; containing also, a biographical directory, a condensed history of the state; map of the county; a business directory...etc → online text (page 8 of 78)