USA > Iowa > History of western Iowa, its settlement and growth. A comprehensive compilation of progressive events concerning the counties, cities, towns, and villages-biographical sketches of the pioneers and business men, with an authentic history of the state of Iowa > Part 14
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CIRCUIT COURTS
have jurisdiction, general and original, with the District Courts, in all civil actions and special proceedings, and exclusive jurisdic- tion in all appeals and writs of error from inferior courts, in civil matters. And exclusive jurisdiction in matters of estates and general probate business.
JUSTICES OF THE PEACE
have jurisdiction in civil matters where $100 or less is involved. By consent of parties, the jurisdiction [may be extended to an
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HISTORY OF IOWA.
amount not exceeding $300. They have jurisdiction to try and determine all public offense less than felony, committed within their respective counties, in which the fine, by law, does not ex- ceed $100 or the imprisonment thirty days.
LIMITATION OF ACTIONS.
Action for injuries to the person or reputation; for a statute penalty, and to enforce a mechanics' lien, must be brought in two (2) years.
Those against a public officer within three (3) years.
Those founded on unwritten contracts; for injuries to property ; for relief on the ground of fraud; and all other actions not other- wise provided for, within five (5) years.
Those founded on written contracts; on judgments of any court (except those provided for in next section), and for the recovery of real property, within ten (10) years.
Those founded on judgment of any court of record in the United States, within twenty (20) years.
All above limits, except those for penalties and forfeitures, are extended in favor of minors and insane persons, until one year after the disability is removed-time during which defendant is a non-resident of the State shall not be included in computing any of the above periods.
Actions for the recovery of real property, sold for non-payment of taxes, must be brought within five years after the Treasurer's Deed is executed and recorded, except where a minor or convict or insane person is the owner, and they shall be allowed five years after disability is removed, in which to bring action.
JURORS.
All qualified electors of the State, of good moral character, sound judgment, and in full possession of the senses of hearing and seeing, are competent jurors in their respective counties.
United States officers, practicing attorneys, physicians and clergymen, acting professors or teachers in institutions of learning and persons disabled by bodily infirmity or over sixty-five years of age, are exempt from liability to act as jurors.
Any person may be excused from serving on a jury when his own interests or the public's will be materially injured by his at- tendance, or when the state of his health, or the death, or sick- ness of his family requires his absence.
CAPITAL PUNISHMENT
was restored by the Seventeenth General Assembly, making it optional with the jury to inflict it or not.
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HISTORY OF IOWA.
A MARRIED WOMAN
may convey or incumber real estate, or interest therein, belonging to her; may control the same or contract with reference thereto, as other persons may convey, incumber, control or contract.
She may own, acquire, hold, convey and devise property, as her husband may.
Her husband is not liable for civil injuries committed by her.
She may convey property to her husband, and he may convey to her.
She may constitute her husband her attorney in fact.
EXEMPTIONS FROM EXECUTION.
A resident of the State and head of a family may hold the fol- lowing property exempt from execution: All wearing apparel of himself and family kept for actual use and suitable to the condi- tion, and the trunks or other receptacles necessary to contain the same, one musket or rifle and shot-gun; all private libraries, family Bibles, portraits, pictures, musical instruments, and paint- ings not kept for the purpose of sale; a seat or pew occupied by the debtor or his family in any house of public worship; an inter- est in a public or private burying ground not exceeding one acre; two cows and a calf; one horse, unless a horse is exempt as herein- after provided; fifty sheep and the wool therefrom, and the ma- terials manufactured from said wool; six stands of bees; five hogs and all pigs under six months; the necessary food for exempted animals for six months; all flax raised from one acre of ground, and manufactures therefrom; one bedstead and necessary bedding for every two in the family; all cloth manufactured by the de- fendant not exceeding one hundred yards; household and kitchen furniture not exceeding $200 in value; all spinning wheels and looms; one sewing machine and other instruments of domestic labor kept for actual use; the necessary provisions and fuel for the use of the family for six months; the proper tools, instru- ments, or books of the debtor, if a farmer, mechanic, surveyor, clergyman, lawyer, physician, teacher or professor; the horse or the team, consisting of not more than two horses or mules, or two yokes of cattle, and the wagon or other vehicle, with the proper harness or tackle, by the use of which the debtor, if a physician, public officer, farmer, teamster or other laborer, habitually earns his living; and to the debtor, if a printer, there shall also be ex- empt a printing press and the types, furniture and material neces- sary for the use of such printing press, and a newspaper office to the value of twelve hundred dollars: the earnings of such debtor, or those of his family, at any time within ninety days next pre- ceding the levy.
Persons unmarried and not the head of a family, and non- residents, have exempt their own ordinary wearing apparel and trunks to contain the same.
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HISTORY OF IOWA.
There is also exempt, to a head of a family, a homestead, not exceeding forty acres; or, if inside city limits, one-half acre with improvements, value not limited. The homestead is liable for all debts contracted prior to its acquisition as such, and is subject to mechanics' lien for work or material furnished for the same.
An article, otherwise exempt, is liable, on execution, for the pur- chase money thereof.
Where a debtor, if a head of a family, has started to leave the State, he shall have exempt only the ordinary wearing apparel of himself and family, and other property in addition, as he may se- lect, in all not exceeding seventy-five dollars in value.
A policy of life insurance shall inure to the separate use of the husband or wife and children, entirely independent of his or her creditors.
ESTRAYS.
An unbroken animal shall not be taken up as an estray between May 1st and November 1st, of each year, unless the same be found within the lawful enclosure of a householder who alone can take up such animal, unless some other person gives him notice of the fact of such animal coming on his place; and if he fails, within five days thereafter, to take up such estray, any other householder of the township may take up such estray and proceed with it as if taken on his own premises, provided he shall prove to the Justice of the Peace such notice, and shall make affidavit where such estray was taken up.
Any swine, sheep, goat, horse, neat cattle or other animal dis- trained (for damage done to one's enclosure), when the owner is not known, shall be treated as an estray.
Within five days after taking up an estray, notice, containing a full description thereof, shall be posted up in three of the most public places in the township; and in ten days, the person taking up such estray shall go before a Justice of the Peace in the town- ship and make oath as to where such estray was taken up, and that the marks or brands have not been altered, to his knowledge. 'The estray shall then be appraised, by order of the Justice, and the ap- praisment, description of the size, age, color, sex, marks and brands of the estray shall be entered by the Justice in a book kept for that purpose, and he shall, within ten days thereafter, send a certified copy thereof to the County Auditor.
When the appraised value of an estray does not exceed five dol- lars, the Justice need not proceed further than to enter the descrip- tion of the estray on his book, and if no owner appears within six months, the property shall vest in the finder, if he has complied with the law and paid all costs.
Where appraised value of estray exceeds five and is less than ten dollars, if no owner appears in nine months, the finder has the property, if he has complied with the law and paid costs.
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HISTORY OF IOWA.
An estray, legally taken up, may be used or worked with care and moderation.
If any person unlawfully take up an estray, or take up an estray and fail to comply with the law regarding estrays, or use or work it contrary to above, or work it before having it appraised, or keep such estray out of the county more than five days at one time, be- fore acquiring ownership, such offender shall forfeit to the county twenty dollars, and the owner may recover double damages with costs.
If the owner of any estate fail to claim and prove his title for one year after the taking up, and the finder shall have complied with the law, a complete title vests in the finder.
But if the owner appear within eighteen months from the tak- ing up, prove his ownership and pay all costs and expenses, the finder shall pay him the appraised value of such estray, or may, at his option, deliver up the estray.
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 dam- age; and if the party injured eleets 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 own- er 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 Circuit Court.
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HISTORY OF IOWA.
Where stock is retained, 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 low- er rail, wire or board be not more than twenty nor less than sixteen inches from the ground.
The respective owners of lands enclosed with fences shall main- tain partition fences between their own and next adjoining enclos- ure 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), upo.i com- plaint of aggrieved party, may, upon due notice to both parties, ex- amine the fence, and, if found insufficient, 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 complain- ant 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 oth- erwise than in common, shall be compelled to maintain any parti- tion fence; but when he uses or incloses his land otherwise than in common, he shall contribute to the partition 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 Fiewers 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.
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HISTORY OF IOWA.
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 within 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 improvement 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, con- tractor, 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 mate- rial shall have been furnished, with the Clerk of the District Court a true account of the amount due him, after allowing all credits, setting fort the time when such material was furnished or labor performed, and when completed, and containing a correct descrip- tion of 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 ac- customed to managing such liens, to consult at once with an at- torney.
Remember that the proper time to file the claim is ninety days for a principal 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 better be done with an attorney.
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HISTORY OF IOWA.
ROADS AND BRIDGES.
Persons meeting each other on the public highways, sliall 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 exceeding five dollars.
The prosecution must be instituted on the complaint of the per- son 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 conviction, 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 township (except the general Township Fund, set apart for purchasing tools, machinery 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 dis- posal will permit; to put guide boards at cross roads and forks of highways in his district; and when notified 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 dis- trict, 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, ad- dressed 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 al- tered (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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HISTORY OF IOWA.
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 separated, 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 the party or parties consent- ing, 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 hereafter 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 con- veying 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 Deputy, 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 assistance 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 accord- ance therewith.
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 sev erally, maintain such poor person in such man- ner as may be approved by the Township Trustees.
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HISTORY OF IOWA.
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 grandchildren who are of ability, by personal labor or otherwise.
The Township Trustees may, upon the failure of such relative 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.
Appeal may be taken from such judgment as from other judg- ments of the Circuit Court.
When any person, having any estate, abandons either children, wife or husband, leaving them chargeable, or likely to become chargeable, upon the public for support, upon proof of above fact, 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 ap- plied, 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 sup- port the person 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 application for relief are so varied, that it need now only be said that it is the duty of each county to provide 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 afterward holding over, and a tenant or his assignee willfully holding over the premises 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
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HISTORY OF IOWA.
the crop is harvested; 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.
If such tenant cannot be found in the county, the notices above required may be given to any sub-tenant or other person in posses- sion 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 described, for the rent alone; d the landlord is entitled to a writ of attachment, upon filing an affidavit that the action is commenced to recover rent accrued within one year previous thereto upon the premises described in the affidavit.
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