USA > Iowa > Fayette County > The history of Fayette County, Iowa, containing a history of the county, its cities, towns, &c. > Part 32
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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.
287
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.
288
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 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 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
289
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. 130
Cherries, Grapes, Currants or Gooseberries, 40
Sorghum Seed
30
Strawberries, Raspberries or Blackberries, 32 Osage Orange Seed. 32
Broom Corn Seed. 30
Buckwheat. 52
Millet Seed
45
Salt.
50
Stone Coal.
80
Barley
48
Lime ..
80
Corn Meal
48
Corn in the ear.
70
Castor Beans.
46
Wheat
60
Timothy Seed
45
Potatoes
60
Hemp Seed. 44
Beans
60
Dried Peaches. 33
33
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 costs 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 + Ib, 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 a 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.
Clover Seed
60
Oats.
290
ABSTRACT OF IOWA STATE LAWS.
NOTES.
Form of note is legal, worded in the simplest way, so that the amount and me 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 :
CHICAGO, Sept. 15, 1876. Mr. F. H. COATS :
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
2 Seamless Sacks 30 60
$6 00
Received payment, $6 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
291
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 - so 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.
292
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.
In witness whereof, I have hereunto affixed my hand, this tenth day of October, one thousand eight hundred and seventy-six.
LOUIS CLAY.
293
ABSTRACT OF IOWA STATE LAWS.
NOTICE TO QUIT.
TO JOHN WONTPAY :
You are hereby notified to quit the possession of the premises you now occupy to wit :
[Insert Description.]
on or before thirty days from the date of this notice.
Dated January 1, 1878. Landlord.
[Reverse for Notice to Landlord.]
GENERAL FORM OF WILL FOR REAL AND PERSONAL PROPERTY.
I, Charles Mansfield, of the Town of Bellevue, County of Jackson, State of Iowa, being aware of the uncertainty of life, and in failing health, but of sound mind and memory, do make and declare this to be my last will and tes- tament, in manner following, to-wit :
First. I give, devise and bequeath unto my eldest son, Sidney H. Mans- field, the sum of Two Thousand Dollars, of bank stock, now in the Third National Bank, of Cincinnati, Ohio, and the farm owned by myself, in the Township of Iowa, consisting of one hundred and sixty acres, with all the houses, tenements and improvements thereunto belonging; to have and to hold unto my said son, his heirs and assigns, forever.
Second. I give, devise and bequeath to each of my two daughters, Anna Louise Mansfield and Ida Clara Mansfield, each Two Thousand Dollars in bank stock in the Third National Bank of Cincinnati, Ohio; and also, each one quarter section of land, owned by myself, situated in theTownship of Fairfield, and recorded in my name in the Recorder's office, in the county where such land is located. The north one hundred and sixty acres of said half section is devised to my eldest daughter, Anna Louise.
Third. I give, devise and bequeath to my son, Frank Alfred Mansfield, five shares of railroad stock in the Baltimore & Ohio Railroad, and my one hundred and sixty acres of land, and saw-mill thereon, situated in Manistee, Michigan, with all the improvements. and appurtenances thereunto belonging, which said real estate is recorded in my name, in the county where situated.
Fourth. I give to my wife, Victoria Elizabeth Mansfield, all my household furniture, goods, chattels and personal property, about my home, not hitherto disposed of, including Eight Thousand Dollars of bank stock in the Third National Bank of Cincinnati, Ohio, fifteen shares in the Baltimore & Ohio Railroad, and the free and unrestricted use, possession and benefit of the home farm so long as she may live, in lieu of dower, to which she is entitled by law -said farm being my present place of residence.
Fifth. I bequeath to my invalid father, Elijah H. Mansfield, the income from rents of my store building at 145 Jackson street, Chicago, Illinois, during the term of his natural life. Said building and land therewith to revert to my said sons and daughters in equal proportion, upon the demise of my said father.
Sixth. It is also my will and desire that, at the death of my wife, Victoria Elizabeth Mansfield, or at any time when she may arrange to relinquish her
294
ABSTRACT OF IOWA STATE LAWS.
life interest in the above mentioned homestead, the same may revert to my above named children, or to the lawful heirs of each.
And lastly. I nominate and appoint as the executors of this, my last will and testament, my wife, Victoria Elizabeth Mansfield, and my eldest son, Sidney H. Mansfield.
I further direct that my debts and necessary funeral expenses shall be paid from moneys now on deposit in the Savings Bank of Bellevue, the residue of such moneys to revert to my wife, Victoria Elizabeth Mansfield, for her use for- ever.
In witness whereof, I, Charles Mansfield, to this my last will and testament, . have hereunto set my hand and scal, this fourth day of April, eighteen hundred and seventy-two.
CHARLES MANSFIELD.
Signed, and declared by Charles Mansfield, as and for his last will and tes- ment, in the presence of us, who, at his request, and in his presence, and in the presence of each other, have subscribed our names hereunto as witnesses thereof.
PETER A. SCHENCK, Dubuque, Iowa, FRANK E. DENT, Bellevue, Iowa.
CODICIL.
Whereas I, Charles Mansfield, did, on the fourth day of April, one thousand eight hundred and seventy-two, make my last will and testament, I do now, by this writing, add this codicil to my said will, to be taken as a part thereof.
Whereas, by the dispensation of Providence, my daughter, Anna Louise, has deceased, November fifth, eighteen hundred and seventy-three ; and whereas, a son has been born to me, which son is now christened Richard Albert Mans- field, I give and bequeath unto him my gold watch, and all right, interest and title in lands and bank stock and chattels bequeathed to my deceased daughter, Anna Louise, in the body of this will.
In witness whereof, I hereunto place my hand and seal, this tenth day of March, eighteen hundred and seventy-five. CHARLES MANSFIELD.
Signed, sealed, published and declared to us by the testator, Charles Mans- field, as and for a codicil to be annexed to his last will and testament. And we, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto, at the date hereof.
FRANK E. DENT, Bellevue, Iowa, JOHN C. SHAY, Bellevue, Iowa.
(Form No. 1.)
SATISFACTION OF MORTGAGE.
STATE OF IOWA, - SS.
- County,
I, of the County of -, State of Iowa, do hereby acknowledge that a certain Indenture of - -, bearing date the - day of -, A. D.
18-, made and executed by - and - -, his wife, to said - on the following described Real Estate, in the County of -, and State of Iowa, to-wit : (here insert description) and filed for record in the office of the Recorder of the County of -, and State of Iowa, on the - day of -
295
ABSTRACT OF IOWA STATE LAWS.
A. D. 18-, at - o'clock . M. ; and recorded in Book - of Mortgage Records, on page -, is redeemed, paid off, satisfied and discharged in full.
[SEAL. ] STATE OF IOWA, County, SS.
Be it Remembered, That on this - day of -- , A. D. 18-, before me the undersigned, a - - - in and for said county, personally appeared -, to me personally known to be the identical person who executed the above (satisfaction of mortgage) as grantor, and acknowledged - signature thereto to be - voluntary act and deed.
Witness my hand and seal, the day and year last above written.
ONE FORM OF REAL ESTATE MORTGAGE.
KNOW ALL MEN BY THESE PRESENTS : That - -, of - County, and State of -, in consideration of dollars, in hand paid by of County, and State of -, do hereby sell and convey unto the said the following described premises, situated in the County -, and State of -, to wit : (here insert description,) and - - do hereby covenant with the said - that - - lawfully seized of said premises, that they are free from incumbrance, that - have good right and lawful authority to sell and convey the same ; and - do hereby covenant to warrant and defend the same against the lawful claims of all persons whomsoever. To be void upon condition that the said shall pay the full amount of principal and interest at the time therein specified, of certain promissory note 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. ,
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