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A tenancy by the month or any other term less than one year, where the tenant holds over without special agreement, the landlord may terminate the tenancy by thirty days' notice in writing.
After rent is due, the landlord may notify the tenant in writing that, unless payment is made within not less than five days after the service, his lease will be terminated. If the rent is not paid within the time mentioned, 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, 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
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 determine your lease, and you are hereby notified to quit and deliver up possession 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 shall be necessary.
Any demand may be made or notice served by delivering a written or printed or partly written and printed copy thereof to the tenant, or by leaving the same with some person above the age of twelve years residing on or in possion of the premises, and in case no one is in the actual possession of said premises, then by posting the same on the premises.
When the tenancy is for a certain period, 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 or his agent or attorney may seize for rent any personal property of his tenant that may be found in the county where such tenant resides; but the property of any other person, although it may be found on the premises, is not liable. A
copy of the distress warrant, together with an inventory, 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 the personal goods of the tenant any time within six months after the expiration of the term of the lease, or when terminated.
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.
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 exempt 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 principal, 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 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 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 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 signature, so that the publisher may have notice of
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 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 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, before 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.
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.....
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 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, twentyfive 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.
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 absenting 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.
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.
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.
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, Iroquois 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.