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 16
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One note for $. due 18. . , with interest annually at .... per cent.
One note for $. du 18 .. , with interest annually at ... per cent.
One note for $. ., due 18. . , with interest annually at per cent.
One note for $ .... , due
18 .. , with interest annually at .. per cent.
The grantor to pay all taxes on said property, and if at any time any part or portion of said notes should be due and unpaid, said grantee may proceed by sale or foreclosure, to collect and pay him- self the unpaid balance of said notes, whether due or not, the grantor to pay all necessary expenses of such foreclosure, includ- ing $ .... Attorney's fees, and whatever remains after paying off said notes and expenses, to be paid over to said grantor.
Signed the .. . . day of ...... .. ., 18. ..
[Acknowledged as in form No. 1.]
WARRANTY DEED.
KNOW ALL MEN BY THESE PRESENTS : That . of. County, and State of .... , in consideration of the sum of . Dollars, in hand paid by of .... County and State of
. . ., do hereby sell and convey unto the said .... and to .... heirs and assigns, the following described premises, situated in the County of .... , State of Iowa, to-wit:
Here insert Description.
And I do hereby covenant with the said . . . . that . . lawfully seized in fee simple, of said premises, that they are free from in- cumbrance; that .. ha good right and lawful authority to sell the same, and .. do hereby covenant to warrant and defend the said premises and appurtenances thereto belonging, against the lawful claims of all persons whomsoever; and the said . ..... hereby relinquishes all her right of dower and of homestead in and to the above described premises.
Signed the .... day of , A. D. 18 ... IN PRESENCE OF
[Acknowledged as in Form No. 1.]
...
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QUIT CLAIM DEED.
KNOW ALL MEN BY THESE PRESENTS: That . . . .
of County, State of ..... in consideration of the sum of . ยท dollars to .... in hand paid by .... , of .... County, State of .... , the receipt whereof ... do hereby acknowledge, have bargained, sold and quit-claimed, and by these presents do bargain, sell and quit- claim unto the said .... and to .. heirs and assigns forever, all . . right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy, of, in and to the following described premises, to wit: [here insert description ] with all and singular the hereditaments and appurtenances thereto be- longing.
Signed this . .. day of .. . , A. D., 18. ..
SIGNED IN PRESENCE OF
...
[Acknowledged as in form No. 1.]
BOND FOR DEED.
KNOW ALL MEN BY THESE PRESENTS: That ... . of County, and State of .... am held and firmly bound unto of .... County, and State of .... , in the sum of ...... Dollars, to be paid to the said . ., his executors or assigns, for which payment well and truly to be made, I bind myself firmly by these presents. Signed the .... day of ..
.. A. D. 18. ..
The condition of this obligation is such, that if said obligee shall pay to said obligor, or his assigns, the full amount of principal and interest at the time therein specified, of .. certain promissory note, of even date herewith, for the sum of Dollars,
One note for $ ... . , due , 18. . , with interest annually at . . per cent.
One note for $ .... , due 18. . , with interest annually at .. per cent.
One note for $ .... , due , 18 .. , with interest annually at . . per cent.
and pay all taxes accruing upon the lands herein described, then said obligor shall convey to the said obligee, or his assigns, that certain tract or parcel of real estate, situated in the County of .... and State of Iowa, described as follows, to wit: [ here insert descrip- tion ] by a Warranty Deed, with the usual covenants, duly execut- ed and acknowledged.
If said obligee should fail to make the payments as above stipu- lated, or any part thereof, as the same becomes due, said obligor may at his option, by notice to the obligee terminate his liability under the bond and resume the possession and absolute control of said premises, time being the essence of this agreement.
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On the fulfillment of the above conditions this obligation to be- come void, otherwise to remain in full force and virtue; unless ter- minated by the obligor as above stipulated.
[Acknowledged as in form No. 1] .....
CHARITABLE, SCIENTIFIC AND RELIGIOUS ASSOCIA- TIONS.
Any three or more persons of full age, citizens of the United States, a majority of whom shall be citizens of this State, who de- sire to associate themselves for benevolent, charitable, scientific, religious or missionary purposes, may make, sign and acknowledge before any officer authorized to take acknowledgements of deeds in this State, and have recorded in the office of the Recorder of the county in which the business of such society is to be conducted, a certificate in writing, in which shall be stated the name or title by which such society shall be known, the particular business and ob- jects of such society, the number of Trustees, Directors or Manag- ers to conduct the same, and the names of the Trustees, Directors or Managers of such society for the first year of its existence.
Upon filing for record the certificate, as aforesaid, the persons who shall have signed and acknowledged such certificate, and their associates and successors, shall, by virtue hereof, be a body politic and corporate by the name stated in such certificate, and that they and their successors shall and may have succession, and shall be persons capable of suing and being sued, and may have and use a common seal, which they may alter or change at pleasure; and they and their successors, by their corporate name, shall be capable of taking, receiving, purchasing and holding real and personal estate and of making by-laws for the management of its affairs, not in- consistent with law.
The society so incorporated may, annually or oftener, elect from its members its Trustees, Directors or Managers at such time and place, and in such manner as may be specified in its by-laws, who shall have the control and management of the affairs and funds of the society, a majority of whom shall be a quorum for the transac- tion of business, and whenever any vacancy shall happen among such Trustees, Directors or Managers, by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society. When the body corporate consists of the Trustees, Directors or Managers of any benevolent, charitable, literary, scientific, religious or missionary institution, which is or may be established in the State, and which is or may be under the patronage, control, direction or supervision of any synod, conference, association or other ecclesiastical body in such State, established agreeably to the laws thereof, such eccles- iastical body may nominate and appoint such Trustees, Directors or
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Managers, according to usages of the appointing body, and may fill any vacancy which may occur among such Trustees, Directors or Managers; and when any such institution may be under the pat- ronage, control, direction or supervision of two or more of such sy- nods, conferences, associations or other ecclesiastical bodies, such bodies may severally nominate and appoint such proportion of such Trustees, Directors or Managers as shall be agreed upon by those bodies immediately concerned. And any vacancy occurring among such appointees last named, shall be filled by the synod, confer- ence, association or body having appointed the last incumbent.
In case any election of Trustees, Directors or Managers shall not be made on the day designated by the by-laws, said society for that cause shall not be dissolved, but such election may take place on any other day selected by such by-laws.
Any corporation formed under this chapter shall be capable of taking, holding or receiving property by virtue of any devise or be- quest contained in any last will or testament of any person what- soever; but no person leaving a wife, child or parent, shall devise or bequeath to such institution or corporation more than one-fourth of his estate after the payment of his debts, and such devise or be- quest shall be valid only to the extent of such one-fourth.
Any corporation in this State of an academical character, the membership of which shall consist of lay members and pastors of churches, delegates to any synod, conference or council holding its annual meetings alternately in this and one or more adjoining States, may hold its annual meeting for the election of officers and the transaction of business in any adjoining State to this, at such place therein as the said synod, conference or council shall hold its annual meetings; and the elections so held and business so trans- acted shall be as legal and binding as if held and transacted at the place of business of the corporation in this State.
The provisions of this chapter shall not extend or apply to any association or individual who shall, in the certificate filed with the Recorder, use or specify a name or style the same as that of any previously existing incorporated society in the county.
The Trustees, Directors or stockholders of any existing benevo- lent, charitable, scientific, missionary or religious corporation may, by conforming to the requirements of Section 1,095 of this chap- ter, re-incorporate themselves or continue their existing corporate powers, and all the property and effects of such existing corpora- tion shall vest in and belong to the corporation so re-incorporated or continued.
INTOXICATING LIQUORS.
No intoxicating liquors (alcohol, spirituous and vinous liquors), except wine manufactured from grapes, currants or other fruit grown in the State, shall be manufactured or sold, except for me-
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chanical, medicinal, culinary or sacramental purposes; and even such sale is limited as follows:
Any citizen of the State, except hotel keepers, keepers of saloons, eating houses, grocery keepers and confectioners, is permitted to buy and sell, within the county of his residence, such liquors for such mechanical, etc., purposes only, provided he shall obtain the consent of the Board of Supervisors. In order to get that consent he must get a certificate from a majority of the electors of the town or township or ward in which he desires to sell, that he is of good moral character, and a proper person to sell such liquors.
If the Board of Supervisors grant him permission to sell such liquors, he must give bonds, and shall not sell such liquors at a greater profit than thirty-three per cent. on the cost of the same. Any person having a permit to sell, shall make, on the last Satur- day of every month, a return in writing to the Auditor of the county, showing the kind and quantity of the liquors purchased by him since the date of his last report, the price paid and the amount of freights paid on the same; also the kind and quantity of liquors sold by him since the date of his last report, to whom sold, for what purpose and at what price, also the kind and quantity of liquors on hand; which report shall be sworn to by the person having the permit, and shall be kept by the Auditor, subject at all times to the inspection of the public.
No person shall sell or give away any intoxicating liquors, in- cluding wine or beer, to any minor, for any purpose whatever, ex- cept upon written order of parent, guardian or family physician; or sell the same to an intoxicated person or a person in the habit of becoming intoxicated.
Any person who shall mix any intoxicating liquor with any beer, wine or cider, by him sold, and shall sell or keep for sale, as a beverage, such mixture, shall be punished as for sale of intoxi- cating liquor.
But nothing in the chapter containing the laws governing the sale, or prohibiting the sale of intoxicating liquors, shall be con- strued to forbid the sale by the importer thereof of foreign intox- icating liquor, imported under the authority of the laws of the United States, regarding the importation of such liquors, and in accordance with such laws; provided that such liquor, at the time of the sale by the importer, remains in the original casks or pack- ages in which it was by him imported, and in quantities not less than the quantities in which the laws of the United States require such liquors to be imported, and is sold by him in such original casks or packages, and in said quantities only.
All payment or compensation for intoxicating liquor sold in vio- lation of the laws of this State, whether such payments or com- pensation be in money, goods, lands, labor, or anything else what- soever, shall be held to have been received in violation of law and equity and good conscience, and to have been received upon a
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valid promise and agreement of the receiver, in consideration of the receipt thereof, to pay on demand to the person furnishing such consideration, the amount of the money on the just value of the goods or other things.
All sales, transfers, conveyances, mortgages, liens, attachments, pledges and securities of every kind, which, either in whole or in part, shall have been made on account of intoxicating liquors sold contrary to law, shall be utterly null and void.
Negotiable paper in the hands of holders thereof, in good faith, for valuable consideration, without notice of any illegality in its inception or transfer, however, shall not be affected by the above provisions. Neither shall the holder of land or other property who may have taken the same in good faith, without notice of any defect in the title of the person from whom the same was taken, growing out of a violation of the liquor law, be affected by the above provision.
Every wife, child, parent, guardian, employer, or other person, who shall be injured in person or property or means of support, by an intoxicated person, or in consequence of the intoxication, has a right of action against any person who shall, by selling in- toxicating liquors, cause the intoxication of such person, for all damages actually sustained as well as exemplary damages.
For any damages recovered, the person and real property (except homestead, as now provided) of the person against whom the dam- ages are recovered, as well as the premises or property, personal or real, occupied and used by him, with consent and knowledge of owner, either for manufacturing or selling intoxicating liquors contrary to law, shall be liable.
The only other exemption, besides the homestead, from this sweeping liability, is that the defendant may have enough for the support of his family for six months, to be determined by the Township Trustee.
No ale, wine, beer or other malt or vinous liquors shall be sold within two miles of the corporate limits of any municipal corpora- tion, except at wholesale, for the purpose of shipment to places outside of such corporation and such two mile limits. The power of the corporation to prohibit or license sale of liquors not prohib- ited by law is extended over the two miles.
No ale, wine beer or other malt or vinous liquors shall be sold on the day on which any election is held under the laws of this State, within two miles of the place where said election is held; except only that any person holding a permit may sell upon the prescription of a practicing physician.
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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 possible, and that there may be 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 prom- ises, 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 by the prospectus and 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 the prospectus and sample, in order to bind the principal, the subscriber should see that such condition or changes are stated over or in connection with his signature, 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 written is, that they can not be altered, varied or rescinded ver- bally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should dis- tinctly 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 cannot extend the time of payment beyond the time of de- livery, nor bind their principal for the payment of expenses in- curred 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 can not read themselves, call on some one disinterested who can.
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PRACTICAL RULES FOR EVERY DAY USE.
How to find the gain or loss per cent. when the cost and selling price are given.
RULE .- Find the difference between the cost and selling price, which will be the gain or loss.
Annex two ciphers to the gain or loss, and divide it by the cost price; the result will be the gain or loss per cent.
How to change gold into currency.
RULE .- Multiply the given sum of gold by the price of gold.
How to change currency into gold.
RULE .- Divide the amount in currency by the price of gold.
How to find each partner's share of the gain or loss in a copartner- ship business.
RULE .- Divide the whole gain or loss by the entire stock the quotient will be the gain or loss per cent.
Multiply each partner's stock by this per cent., the result will be each one's share of the gain or loss.
How to find gross and net weight and price of hogs.
A short and simple method for finding the net weight, or price of hogs, when the gross weight or price is given, and vice versa.
NOTE .- It is generally assumed that the gross weight of Hogs diminished by 1-5 or 20 per cent. ot itself gives the net weight, and the net weight increased by 14 or 25 per cent. of itself equals the gross weight.
To find the net weight or gross price.
Multiply the given number by .08 (tenths).
To find the gross weight or net price.
Divide the given number by .08 (tenths).
How to find the capacity of a granary, bin or wagon-bed.
RULE .- Multiply (by short method) the number of cubic feet by 6,308, and point off ONE decimal place-the result will be the correct answer in bushels and tenths of a bushel.
For only an approximate answer, multiply the cubic feet by 8, and point off one decimal place.
How to find the contents of a corn-erib.
RULE .- Multiply the number of cubic feet by 54, short method, or by 43 ordinary method, and point off ONE decimal place-the result will be the answer in bushels.
NOTE .- In estimating corn in the ear, the quality and the time it has been cribbed must be taken into consideration, since corn will shrink considerably during winter and spring. This rule generally holds good for corn measured at the time it is cribbed, provided it is sound and elean.
How to find the contents of a cistern or tank.
RULE .- Multiply the square of the mean diameter by the depth (all in feet) and this product by 5,681 (short method), and point off
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ONE decimal place-the result will be the contents in barrels of 31} gallons.
How to find the contents of a barrel or cask.
RULE .-- Under the square of the mean diameter, write the length (all in inches) in REVERSED order, so that its UNITS will fall under the TENS; multiply by short method, and this product again by 430; point off one decimal place, and the result will be the answer in wine gallons.
How to measure boards.
RULE .- Multiply the length (in feet) by the width (in inches) and divide the product by 12-the result will be the contents in square feet.
How to measure scantlings, joists, planks, sills, etc.
RULE .- Multiply the width, the thickness, and the length to- gether (the width and thickness in inches, and the length in feet), and divide the product by 12-the result will be square feet.
How to find the number of acres in a body of land.
RULE .- Multiply the length by the width (in rods), and divide the product by 160 (carrying the division to 2 decimal places if there is a remainder); the result will be the answer in acres and hundredths.
When the opposite sides of a piece of land are of unequal length, add them together and take one-half for the mean length or width.
How to find the number of square yards in a floor or wall.
RULE .- Multiply the length by the width or height (in feet), an l divide the product by 9, the result will be square yards.
How to find the number of bricks required in a building.
RULE. - Multiply the number of cubic feet by 223.
The number of cubic feet is found by multiplying the length, height and thickness (in feet) together.
Bricks are usually made 8 inches long, 4 inches wide, and two inches thick; hence, it requires 27 bricks to make a cubic foot without mortar, but it is generally assumed that the mortar fills 1-6 of the space.
How to find the number of shingles required in a roof.
RULE .- Multiply the number of square feet in the roof by 8, if the shingles are exposed 42 inches, or by 7 1-5 if exposed 5 inches.
To find the number of square feet, multiply the length of the roof by twice the length of the rafters.
To find the length of the rafters, at ONE-FOURTH pitch, multiply the width of the building by .56 (hundredths); at ONE-THIRD pitch by .6 (tenths); at TWO-FIFTHS pitch, by .64 (hundredths); at ONE- HALF pitch, by .71 (hundredths). This gives the length of the rafters from the apex to the end of the wall, and whatever they are to project must be taken into consideration.
NOTE .- By 14 or 13 pitch is meant that the apex or comb of the roof is to be 14 or 16 the width of the building higher than the walls or base of the rafters.
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How to reckon the cost of hay.
RULE .- Multiply the number of pounds by half the price per ton, and remove the decimal point three places to the left.
How to measure grain.
RULE .- Level the grain, ascertain the space it occupies in cubic feet; multiply the number of cubic feet by 8, and point off one place to the left.
NOTE .- Exactness requires the ad lition to every three hundred bushels of one extra bushel.
The foregoing rule may be used for finding the number of gal- lons, by multiplying the number of bushels by 8.
If the corn in the box is in the ear, divide the answer by 2, to find the number of bushels of shelled corn, because it requires 2 bushels of ear corn to make 1 of shelled corn.
Rapid rules for measuring land without instruments.
In measuring land, the first thing to ascertain is the contents of any given plot in square yards; then, given the number of yards, find out the number of rods and acres.
The most ancient and simplest measure of distance is a step. Now, an ordinary-sized man can train himself to cover one vard at a stride, on the average, with sufficient accuracy for ordinary purposes.
To make use of this means of measuring distances, it is essential to walk in a straight line; to do this, fix the eye on two objects in a line straight ahead, one comparatively near, the other remote. and, in walking, keep these objects constantly in line.
Farmers and others by adopting the following simple and ingenious contrivance, may always carry with them the scale to construct a cor- rect yard measure.
Take a foot rule, and commencing at the base of the little finger of the left hand, mark the quarters of the foot on the outer borders of the left arm, pricking in the marks with indelible ink.
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