USA > Iowa > Lucas County > History of Lucas County, Iowa containing a history of the county, its cities, towns, etc > Part 34
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WOLF SCALPS.
A bounty of one dollar is paid for wolf scalps.
MARKS AND BRANDS.
Any person may adopt his own mark or brand for his domestic animals, and have a description thereof recorded by the Township Clerk.
No person shall adopt the recorded mark or brand of any other person residing in his township.
DAMAGES FROM TRESPASS.
When any person's lands are enclosed by a lawful fence, the owner of any domestic animal injuring said lands is liable for the damages, and the damages may be recovered by suit against the owner, or may be made by distraining the animals doing the damage; and if the party injured elects to recover by action against the owner, no appraisement need be made by the Trustees, as in case of distraint.
When trespassing animals are distrained within twenty-four hours, Sunday not included, the party injured shall notify the owner of said animals, if known ; and if the owner fails to satisfy the party within twenty-four hours thereafter. the party shall have the township Trustees assess the damage, and notice shall be posted up in three conspicuous places in the township, that the stock, or part thereof, shall, on the tenth day after posting the notice, between the hours of 1 and 3 P. M., be sold to the highest bidder, to satisfy said damages, with costs.
Appeal lies, within twenty days, from the action of the Trustees to the Cir- cuit Court.
Where stock is restrained, by police regulation or by law, from running at large, any person injured in his improved or cultivated lands by any domestic animal, may, by action against the owner of such animal, or by distraining such animal, recover his damages, whether the lands whereon the injury was done were inclosed by a lawful fence or not.
FENCES.
A lawful fence is fifty-four inches high, made of rails, wire or boards, with posts not more than ten feet apart where rails are used, and eight feet where boards are used, substantially built and kept in good repair ; or any other fence which, in the opinion of the Fence Viewers, shall be declared a lawful fence- provided the lower rail, wire or board be not more that twenty nor less than six- teen inches from the ground.
The respective owners of lands enclosed with fences shall maintain partition fences between their own and next adjoining enclosure so long as they improve them in equal shares. unless otherwise agreed between them.
If any party neglect to maintain such partition fence as he should maintain, the Fence Viewers (the township Trustees), upon complaint of aggrieved party, may, upon due notice to both parties, examine the fence, and, if found insuf-
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ABSTRACT OF IOWA STATE LAWS.
ficient, notify the delinquent party, in writing, to repair or re-build the same within such time as they judge reasonable.
If the fence be not repaired or rebuilt accordingly, the complainant may do so, and the same being adjudged sufficient by the Fence Viewers, and the value thereof, with their fees, being ascertained and certified under their hands, the complainant may demand of the delinquent the sum so ascertained, and if the same be not paid in one month after demand, may recover it with one per cent a month interest, by action.
In case of disputes, the Fence Viewers may decide as to who shall erect or maintain partition fences, and in what time the same shall be done; and in case any party neglect to maintain or erect such part as may be assigned to him, the aggrieved party may erect and maintain the same, and recover double damages.
No person, not wishing his land inclosed, and not using it otherwise than in common, shall be compelled to maintain any partition fence ; but when he uses or incloses his land otherwise than in common, he shall contribute to the parti- tion fences.
Where parties have had their lands inclosed in common, and one of the owners desires to occupy his separate and apart from the other, and the other refuses to divide the line or build a sufficient fence on the line when divided, the Fence Viewers may divide and assign, and upon neglect of the other to build as ordered by the Viewers, the one may build the other's part and recover as above.
And when one incloses land which has lain uninclosed, he must pay for one-half of each partition fence between himself and his neighbors.
Where one desires to lay not less than twenty feet of his lands, adjoining his neighbor, out to the public to be used in common, he must give his neighbor six months' notice thereof.
Where a fence has been built on the land of another through mistake, the owner may enter upon such premises and remove his fence and material withn 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.
MECHANICS' LIENS.
Every mechanic, or other person who shall do any labor upon, or furnish any materials, machinery or fixtures for any building, erection or other improve- ment upon land, including those engaged in the construction or repair of any work of internal improvement, by virtue of any contract with the owner, his agent, trustee, contractor, or sub-contractor, shall have a lien, on complying with the forms of law, upon the building or other improvement for his labor done or materials furnished.
It would take too large a space to detail the manner in which a sub- contractor secures his lien. He should file, within thirty days after the last of the labor was performed, or the last of the material shall have been furnished, with the Clerk of the District Court a true account of the amount due him, after allowing all credits, setting forth the time when such material was furnished or labor performed, and when completed, and containing a correct description of
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the property sought to be charged with the lien, and the whole verified by affidavit.
A principal contractor must file such an affidavit within ninety days, as above.
Ordinarily, there are so many points to be examined in order to secure a mechanics' lien, that it is much better, unless one is accustomed to managing such liens, to consult at once with an attorney.
Remember that the proper time to file the claim is ninety days for a princi- pal contractor, thirty days for a sub-contractor, as above; and that actions to enforce these liens must be commenced within two years, and the rest can much better be done with an attorney.
ROADS AND BRIDGES.
Persons meeting each other on the public highways, shall give one-half of the same by turning to the right. All persons failing to observe this rule shall be liable to pay all damages resulting therefrom, together with a fine, not exceed- ing five dollars.
The prosecution must be instituted on the complaint of the person wronged.
Any person guilty of racing horses, or driving upon the public highway, in a manner likely to endanger the persons or the lives of others, shall, on convic- tion, be fined not exceeding one hundred dollars or imprisoned not exceeding thirty days.
It is a misdemeanor, without authority from the proper Road Supervisor, to break upon, plow or dig within the boundary lines of any public highway.
The money tax levied upon the property in each road district in each town- ship (except the general Township Fund, set apart for purchasing tools, machin- ery and guide boards), whether collected by the Road Supervisor or County Treasurer, shall be expended for highway purposes in that district, and no part thereof shall be paid out or expended for the benefit of another district.
The Road Supervisor of each district, is bound to keep the roads and bridges therein, in as good condition as the funds at his disposal will permit; to put guide boards at cross roads and forks of highways in his district ; and when noti- fied in writing that any portion of the public highway, or any bridge is unsafe, must in a reasonable time repair the same, and for this purpose may call out any or all the able bodied men in the district, but not more than two days at one time, without their consent.
Also, when notified in writing, of the growth of any Canada thistles upon vacant or non-resident lands or lots, within his district, the owner, lessee or agent thereof being unknown, shall cause the same to be destroyed.
Bridges when erected or maintained by the public, are parts of the highway, and must not be less than sixteen feet wide.
A penalty is imposed upon any one who rides or drives faster than a walk across any such bridge.
The manner of establishing, vacating or altering roads, etc., is so well known to all township officers, that it is sufficient here to say that the first step is by petition, filed in the Auditor's office, addressed in substance as follows :
The Board of Supervisors of - - County : The undersigned asks that a highway, commencing at - and running thence - and terminating
at , be established, vacated or altered (as the case may be.)
When the petition is filed, all necessary and succeeding steps will be shown and explained to the petitioners by the Auditor.
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ABSTRACT OF IOWA STATE LAWS.
ADOPTION OF CHILDREN.
Any person competent to make a will can adopt as his own the minor child of another. The consent of both parents, if living and not divorced or separ- ated, and if divorced or separated, or if unmarried, the consent of the parent lawfully having the custody of the child ; or if either parent is dead, then the consent of the survivor, or if both parents be dead, or the child have been and remain abandoned by them, then the consent of the Mayor of the city where the child is living, or if not in the city, then of the Clerk of the Circuit Court of the county shall be given to such adoption by an instrument in writing, signed by party or parties consenting, and stating the names of the parties, if known, the name of the child, if known, the name of the person adopting such child, and the residence of all, if known, and declaring the name by which the child is thereafter to be called and known, and stating, also, that such child is given to the person adopting, for the purpose of adoption as his own child.
The person adopting shall also sign said instrument, and all the parties shall acknowledge the same in the manner that deeds conveying lands shall be acknowledged.
The instrument shall be recorded in the office of the County Recorder.
SURVEYORS AND SURVEYS.
There is in every county elected a Surveyor known as County Surveyor, who has power to appoint deputies, for whose official acts he is responsible. It is the duty of the County Surveyor, either by himself or his Duputy, to make all surveys that he may be called upon to make within his county as soon as may be after application is made. The necessary chainmen and other assist- ance must be employed by the person requiring the same to be done, and to be by him paid, unless otherwise agreed ; but the chainmen must be disinterested persons and approved by the Surveyor and sworn by him to measure justly and impartially. Previous to any survey, he shall furnish himself with a copy of the field notes of the original survey of the same land, if there be any in the office of the County Auditor, and his survey shall be made in accordance there- with.
Their fees are three dollars per day. For certified copies of field notes, twenty-five cents.
SUPPORT OF POOR.
The father, mother and children of any poor person who has applied for aid, and who is unable to maintain himself by work, shall, jointly or severally, maintain such poor person in such manner as may be approved by the Town- · ship Trustees.
In the absence or inability of nearer relatives, the same liability shall extend to the grandparents, if of ability without personal labor, and to the male grand- children who are of ability, by personal labor or otherwise.
The Township Trustees may, upon the failure of such relatives to maintain a poor person, who has made application for relief, apply to the Circuit Court for an order to compel the same.
Upon ten days' notice, in writing, to the parties sought to be charged, a hearing may be had, and an order made for entire or partial support of the poor person.
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ABSTRACT OF IOWA STATE LAWS.
Appeal may be taken from such judgment as from other judgments of the Circuit Court.
When any person, having any estate, abandons either children, wife or hus- band, leaving them chargeable, or likely to become chargeable, upon the public for support, upon proof of above fict, an order may be had from the Clerk of the Circuit Court, or Judge, authorizing the Trustees or the Sheriff to take into possession such estate.
The Court may direct such personal estate to be sold, to be applied, as well as the rents and profits of the real estate, if any, to the support of children, wife or husband.
If the party against whom the order is issued return and support the per- son abandoned, or give security for the same, the order shall be discharged, and the property taken returned.
The mode of relief for the poor, through the action of the Township Trustees, or the action of the Board of Supervisors, is so well known to every township officer, and the circumstances attending applications for relief are so varied, that it need now only be said that it is the duty of each county to pro- vide for its poor, no matter at what place they may be.
LANDLORD AND TENANT.
A tenant giving notice to quit demised premises at a time named, and after- ward holding over, and a tenant or his assignee willfully holding over the prem- ises after the term, and after notice to quit, shall pay double rent.
Any person in possession of real property, with the assent of the owner, is presumed to be a tenant at will until the contrary is shown.
Thirty days' notice, in writing, is necessary to be given by either party before he can terminate a tenancy at will; but when, in any case, a rent is reserved payable at intervals of less than thirty days, the length of notice need not be greater than such interval between the days of payment. In case of tenants occupying and cultivating farms, the notice must fix the termination of the tenancy to take place on the 1st day of March, except in cases of field tenants or croppers, whose leases shall be held to expire when the crop is har- vested ; provided, that in case of a crop of corn, it shall not be later than the 1st day of December, unless otherwise agreed upon. But when an express agreement is made, whether the same has been reduced to writing or not, the tenancy shall cease at the time agreed upon, without notice.
But where an express agreement is made, whether reduced to writing or not, the tenancy shall cease at the time agreed upon, without notice.
If such tenant cannot be found in the county, the notices above required may be given to any sub-tenant or other person in possession of the premises ; or, if the premises be vacant, by affixing the notice to the principal door of the building or in some conspicuous position on the land, if there be no building.
The landlord shall have a lien for his rent upon all the crops grown on the premises, and upon any other personal property of the tenant used on the premises during the term, and not exempt from execution, for the period of one year after a year's rent or the rent of a shorter period claimed falls due ; but such lien shall not continue more than six months after the expiration of the term.
The lien may be effected by the commencement of an action, within the period above prescribed, for the rent alone; and the landlord is entitled to a writ
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ABSTRACT OF IOWA STATE LAWS.
of attachment, upon filing an affidavit that the action is commenced to rcover rent accrued within one year previous thereto upon the premises described in the affidavit.
WEIGHTS AND MEASURES.
Whenever any of the following articles shall be contracted for, or sold or delivered, and no special contract or agreement shall be made to the contrary, the weight per bushel shall be as follows, to-wit:
Apples, Peaches or Quinces, 48
Sand. 180
Cherries, Grapes, Currants or Gooseberries, 40
Sorghum Seed.
30
Strawberries, Raspberries or Blackberries, 32 Osage Orango Seed. 82
Broom Corn Seed. 30
Buck wheat. 52
Millet Seed
45
Salt. 50
48
Lime ..
80
Corn Meal 48
Corn in the ear 70
60
Timothy Seed 45
Potatoes
60
Hemp Seed. 44
Beans 60
Dried Peaches
83
Clover Seed
60
Oats .. 88
Onions .
57
Dried Apples.
24
Shelled Corn
56
Bran ..
20
Rye .....
56
Blue Grass Seed .. 14
Flax Seed.
56
Hungarian Grass Seed
45
Sweet Potatoes
46
Penalty for giving less than the above standard is treble damages and costa and five dollars addition thereto as a fine.
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 pounds, and bbl. for barrels ; "+ for per or by the. Thus, Butter sells at 20@30c # 1b, 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 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 & 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 in 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.
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Stone Coal.
80
Barley
Castor Beans. 46
Wheat
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ABSTRACT OF IOWA STATE LAWS.
NOTES.
Form of note is legal, worded in the simplest way, so that the amount and zame 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 hun- dred dollars, for value received. L. D. LOWRY.
A note to be payable in anything else than money needs only the facts sub- stituted 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. 18, 1876.
Bought of A. A. GRAHAM.
4 Bushels of Seed Wheat, at $1.50
$6 00
2 Seamless Sacks 66 30 60
Received payment, 86 60 A. A. GRAHAM.
CONFESSION OF JUDGMENT.
-, Iowa, -, 18 -.
after date - promises to pay to the order of
- - dollars,
at , for value received, with interest at ten per cent. per annum after until paid. Interest payable -, and on interest not paid when due, interest at same rate and conditions.
A failure to pay said interest, or any part thereof, within 20 days after due, shall cause the whole note to become due and collectable at once.
If this note is sued, or judgment is confessed hereon, $ -- shall be allowed as attorney fees. No. -. P. O. - CONFESSION OF JUDGMENT.
-- vs. -. In - Court of
County, Iowa, -, of-
County, Iowa, do hereby confess that - - justly indebted to -, in the
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ABSTRACT OF IOWA STATE LAWS.
sum of dollars, and the further sum of $ as attorney fees, with interest thereon at ten per cent. from and - hereby confess judgment against - as defendant in favor of said - , for said sum of $- and $ " as attorney fees, hereby authorizing the Clerk of the - Court of said county to enter up judgment for said sum against - with costs, and interest at 10 per cent. from - -, the interest to be paid -.
Said debt and judgment being for
It is especially agreed, however, That if this judgment is paid within twenty days after due, no attorney fees need be paid. And - hereby sell, convey and release all right of homestead we now occupy in favor of said -80 far as this judgment is concerned, and agree that it shall be liable on execution for this judgment.
Dated --- , 18 -.
THE STATE OF IOWA, }
County.
being duly sworn according to law, depose and say that the forego- ing statement and Confession of Judgment was read over to -, and that -- understood the contents thereof, and that the statements contained therein are true, and that the sums therein mentioned are justly to become due said as aforesaid.
Sworn to and subscribed before me and in my presence by the said this - day of -, 18 -. Notary Public.
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 June, 1878, between John Jones, of Keokuk, County of Lee, State of Iowa, 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 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 market able condition, at the Village of Melrose, Iowa, 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 Nov- ember, 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.
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ABSTRACT OF IOWA STATE LAWS.
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 Hun- dred 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-eight, between Reuben Stone, of Dubuque, County of Dubuque, State of Iowa, party of the first part, and George Barclay, of McGregor, County of Clayton, State of Iowa. 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 Dubuque, 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 dol- lars, 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 consideration to convey his right and interest in the personal property. The purchaser must take actual possession of the property, or the bill of sale must be acknowledged and recorded.
COMMON FORM OF BILL OF SALE.
KNOW ALL MEN by this instrument, that I, Louis Clay, of Burlington, Iowa, 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, administra- tors and assigns, my undivided half of ten acres of corn, now growing on the arm of Thomas Tyrell, 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.
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