USA > Iowa > Black Hawk County > The history of Black Hawk County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of citizens, war record of its volunteers in the late rebellion > Part 33
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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. 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 himself the unpaid balance of said notes, whether due or not, the grantor to pay all necessary expense of such foreclosure, including $- 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 incumbrance ; that - ha good right and lawful authority to sell the same, and - do hereby covenant to war- rant and defend the said premises and appurtenances thereto belonging, against the lawful claims of all persons whomsoever; and the said - hereby re- linquishes 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.]
299
ABSTRACT OF IOWA STATE LAWS.
QUIT-CLAIM DEED.
KNOW ALL MEN BY THESE PRESENTS : That -, of -- County, State of -, in consideration of the sum of 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 belonging.
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 the 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 fol- lows, to wit: [here insert description,] by a Warranty Deed, with the usual covenants, duly executed and acknowledged.
If said obligee should fail to make the payments as above stipulated, 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 posses- sion and absolute control of said premises, time being the essence of this agreement.
On the fulfillment of the above conditions this obligation to become void, otherwise to remain in full force and virtuc; unless terminated by the obligor as above stipulated.
[Acknowledge as in form No. 1.]
300
ABSTRACT OF IOWA STATE LAWS.
CHARITABLE, SCIENTIFIC AND RELIGIOUS ASSOCIATIONS.
Any three or more persons of full age, citizens of the United States, a majority of whom shall be citizens of this State, who desire to associate themselves for benevolent, charitable, scientific, religious or missionary pur- poses, may make, sign and acknowledge, before any officer authorized to take the acknowledgments 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 con- ducted, a certificate in writing, in which shall be stated the name or title by which such society shall be known, the particular business and objects of such society, the number of Trustees, Directors or Managers 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 success- ors, shall, by virtue hereof, be a body politic and corporate by the name stated in such certificate, and by 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 inconsistent 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 transaction 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 mis- sionary 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, con- ference, association or other ecclesiastical body in such State, established agreeably to the laws thereof, such ecclesiastical body may nominate and appoint such Trustees, Directors or Managers, according to usages of the appoint- ing body, and may fill any vacancy which may occur among such Trustees, Directors or Managers; and when any such institution may be under the patronage, control, direction or supervision of two or more of such synods, con- ferences, 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, conference, 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 directed by such by-laws.
Any corporation formed under this chapter shall be capable of taking, hold- ing or receiving property by virtue of any devise or bequest contained in any last will or testament of any person whatsoever; but no person leaving a wife,
301
ABSTRACT OF IOWA STATE LAWS.
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 device or bequest shall be valid only to the extent of such one-fourth.
Any corporation in this State of an academical character, the memberships 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 meetings 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 meet- ings ; and the elections so held and business so transacted 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 benevolent, char- itable, scientific, missionary or religious corporation, may, by conforming to the requirements of Section 1095 of this chapter, re-incorporate themselves or con- tinue their existing corporate powers, and all the property and effects of such existing corporation 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 mechanical, medicinal, culinary or sacramental purposes ; and even such sale is limited as follows :
Any citizen of the State, except hotel keepers, keepers of saloons, cating 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 elec- tors 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 Saturday 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, including wine or beer, to any minor, for any purpose whatever, except 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.
302
ABSTRACT OF IOWA STATE LAWS.
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 intoxicating liquor.
But nothing in the chapter containing the laws governing the sale or pro- hibiting the sale of intoxicating liquors, shall be construed to forbid the sale by the importer there of of foreign intoxicating liquor, imported under the author- ity 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 packages 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 violation of the laws of this State, whether such payments or compensation be in money, goods, lands, labor, oranything else whatsoever, shall be held to have been received in viola- tion of law and equity and good conscience, and to have been received upon a 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, how- ever, 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 intoxicating liquors, cause the intoxication of such person, for all damages actually sustained as well as exemplary damages.
For any damages recovered, the personal and real property (except home- stead, as now provided) of the person against whom the damages 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 intox- icating 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 corporation, 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 prohibited by law is extended over the two miles.
No ale, wine, beer or other malt or vinons 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.
303
ABSTRACT OF IOWA STATE LAWS.
SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIP- TION.
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 promises, by which the subscriber agrees to pay a certain sum for the work described; the consid- erution 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 eray- gerated 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 princi- pal, 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 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 can- vassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They can not colleet 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 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.
TABULAR STATEMENT,
Showing the Valuation and Tax Levied in Black Hawk County, Iowa, from the Year 1877.
Total Assessed
Total Equal-
ized Value by
County Board.
Total Equal-
ized Value, by
State Board.
Poll Tax.
State Tax.
Connty Tax.
School Tax.
Poor Tax.
Bridge Tax.
Bond Tax.
Insane Tax.
Teachers' Tax.
Contingent
School House
Corporation
Tax.
Total.
Fox ..
$1706 25
$1564 67
$1857 08
$83 50
$371 48
$742 96
$185 74
$185 74
$557 82
$232 18
$92 87
Cedar
1702 57
1581 76;
2320 76
53 00
464 29
928 58
232 15
232 15
696 44
290 18
116 08: $1508 68
$464 01
$445 74
5431 30
Orange ..
1871 63
2028 58
2556 89
96 00
511 39
1022 78
255 69
255 69
767 08
319 62
127 85
511 39
3867 49
1898 78
1898 68
2297 26
84 00
459 56
919 12
229 78
229 78
689 34
287 21
114 89
530 88
108 47
3653 03
Spring Creek.
1708 22
1708 22
2139 37
70 50
427 94
855 89
213 97
213 19
641 91
267 47
106 99
427 94
213 97
213 97
3654 52
Big Creek
1464 75
1614 89
2120 72
55 50
424 24
848 47
212 12
212 12
636 35
265 14
106 06
1593 89 374 12
457 21
662 41
5185 22
La Porte
881 58
881 68
1103 98
83 50
220 80
441 60
110 40
110 40
331 20
138 00
55 20
1048 81
220 80
1104 01
4527 13
Eagle ...
1699 91
1699 91
1946 24
59 50
389 33
788 66
194 67
194 67
584 00
243 33
97 33
868 13
268 01
86 16
3763 79
Lincoln
1611 43
1611 43
1853 64
64 50
370 75
741 50
. 185 37
185 37
556 13
231 72
69 7.6
1297 63
648 82
92 69
4467 17
East Waterloo
2132 48
2188 40
3131 06
105 00
626 30
1252 60
313 15
313 15
939 45
391 43
156 58
1947 38
1237 90
444 35
7727 29
East Waterloo City.
2739 99
3059 30
3909 71
264 00
782 03
1564 06
391 02
391 02
1173 05
488 77
195 51
5278 70
3323 63
3910 16
3910 16
21672 11
West Waterloo City ..
3317 26
3751 46
4696 88
242 50
939 41
1878 82
469 71
469 71
1409 11
587 13
234 85
2348 53
469 71
3522 79
4697 06
17269 33
Cedar Falls City
3276 31
3695 59
4569 20
237 00
913 85
1827 71
456 92
456 92
1370 78
571 17
228 46
7996 21
3883 88
1142 32
5016 19
24211 41
Lester
1429 52
1429 52
1767 73
94 00
353 64
707 29
176 82
176 82
530 46
221 03
88 41
1591 39
707 29
405 64
5052 79
Bennington
1555 87
1727 51
2086 57
62 00
417 37
834 74
208 69
208 69
626 06
260 86
104 34
1252 13
208 69
4392 26
Mt. Vernon ..
1779 85
1795 13
2270 22
81 00
454 16
908 33
227 08
227 08
681 25
283 85
113 53
1330 17
564 18
4870 63
Washington.
811 23
811 23
1136 11
52 50
227 21
454 44
113 61
113 61
340 83
142 00
56 81
560 28
284 81
2346 10
Union
710 57
710 57
1103 87
44 50
220 83
441 67
110 42
110 42
331 25
137 98
55 21
386 46
165 63
110 42
2114 79
Barclay ...
1965 92
1880 84
2559 99
103 00
512 03
1024 07
256 01
256 01
768 05
320 00
128 01
1151 99
768 05
5287 22
oyner ..
1916 14
1831 33
2314 97
104 00
464 13
926 26
231 56
231 56
694 71
289 49
115 78
1177 06
477 08
4711 13
nedar Falls
2155 59
2263 14
3233 83
103 50
646 87|
1293 73
223 44
223 44
970 30
404 29
161 72
1285 53
626 38
151 52
6290 72
Waterloo
1170 89
1203 07
1695 27
35 00
339 17
678 34
169 48
169 48
508 75
211 99
84 79
525 30
373 54
397 75
3493 79
Total ..
$39514 91 $40936 71 $52621 65
$2278 50 $10535 78 $21071 62
$5267 90
$5267 90 $15803 72 $6584 84
$2633 96 $34107 09 $15900 36 $12484 73 $13271 15 $146440 91
Tax.
Tax.
NAMES OF TOWNSHIPS OR CITIES.
Valuation.
$2451 69
Black Hawk ..
M. H. de antemano
PUBLISHER & PROPRIETOR OF THE WATERLOO COURIER
◌้
HISTORY OF BLACK HAWK COUNTY.
THE Indian title to the territory in Iowa west of the Black Hawk Purchase and south of the neutral ground at Winnebago Reserve was not extin- guished until 1837, and the beautiful valley of the Red Cedar, a portion of which is now embraced in the limits of Black Hawk County, was the favorite hunting ground of the Sacs and Foxes. Nor did they relinquish it entirely when they ceded " the Beautiful Land " to the United States. For years, wandering bands roved through this region, and were occasionally very troublesome to the few white settlers who ventured to establish homes in the smiling wilderness.
BOUNDARIES AND CIVIL DIVISIONS.
Black Hawk County was created and its boundaries defined by act of the Territorial Legislature of Iowa, approved February 17, 1843, and attached to Delaware County for judicial and revenue purposes.
Black Hawk County contains sixteen Congressional townships, viz. : Town- ships Nos. 87, 88, 89 and 90 north of Ranges 11, 12, 13 and 14 west. These are divided into eighteen civil townships, as follows: Spring Creek, all of Township 87, Range 11, lying north of the Cedar River; Fox, Township 88, Range 11; Barclay, Township 89, Range 11; Lester, Township 90, Range 11; Bennington, Township 90, Range 12; Povner, a strip two and one-half sections wide on east of Township 89, Range 12, all of Township 88, Range 12, on east side of Cedar River, except west half of Section 4, and Sections 5 and 6, and that part of Township 87, Range 12, lying east of the river (a town- ship about fifteen miles long and two and a half miles wide) ; Cedar, that part of Township 88, Range 12, west of Cedar River and that part of the north half of Township 87, Range 12, that lies west of the river; Big Creek, south half of Township 87, Range 12, and that part of Township 87, Range 11. which lies south of the Red Cedar River ; Eagle, Township 87, Range 13; Orange, Township 88, Range 13; Waterloo, that part of Township 89, Range 13, and Township 89, Range 12, south of the Red Cedar ; East Waterloo, that part of Township 89, Range 13, north and east of the Red Cedar, except Sec- tions 6 and 7, that part of Township 89, Range 12, not included in Poyner east of the river, and Sections 6, 5 and west half of Section 4, Township 88, Bange 12; Mount Vernon, Township 90, Range 13; Washington, east half of Town- ship 90, Range 14; Union, west half of Township 90, Range 14; Cedar Falls. Township 89, Range 14, and Sections 6 and 7, Township 89, Range 13; Black Hawk, Township 88, Range 14; Lincoln, Township 87, Range 14.
LOCATION.
Black Hawk County lies chiefly in the lovely and fertile valley of the Red Cedar River-the garden and granary of the State-unsurpassed on the Amer-
B
308
HISTORY OF BLACK HAWK COUNTY.
ican continent for beauty of scenery and fertility of soil. The general surface presents an undulating prairie, with an elevation slightly less than surrounding counties. The soil is a deep black, vegetable, sandy mold or loam, well adapt- ed to withstand both droughts and floods. Wheat and corn are the chief pro- ducts, but all grasses, grain and vegetables grown in the latitude can be raised to perfection here. Recently, however, the people of the county are devoting more attention to the dairy.
STREAMS.
The Red Cedar runs diagonally through the center of the county from north- west to southeast, a beautiful river about two hundred yards wide and an aver- age depth of two feet. Its waters are clear, and, in this county, flow mostly over a rocky, gravelly bed, having an average fall of two feet six inches.
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