USA > Iowa > Fayette County > The history of Fayette County, Iowa, containing a history of the county, its cities, towns, &c. > 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.
And the said Mortgagor agrees to pay all taxes that may be levied upon the above described premises. It is also agreed by the Mortgagor that if it becomes necessary to foreclose this mortgage, a reasonable amount shall be allowed as an attorney's fee for foreclosing. And the said - hereby relinquishes all her right of dower and homestead in and to the above described premises.
Signed to - day of -, A. D. 18 -.
[Acknowledge as in Form No. 1.]
SECOND FORM OF REAL ESTATE MORTGAGE.
THIS INDENTURE, made and executed - by and between of the county of -- and State of -, part of the first part, and of the county of and State of - party of the second part, Witnesseth, that the said part of the first part, for and in consideration of the sum of - dollars, paid by the said party of the second part, the receipt of which is hereby acknowledged, have granted and sold, and do by these presents, grant, bargain, sell, convey and confirm, unto the said party of the second part, - heirs and
296
ABSTRACT OF IOWA STATE LAWS.
assigns forever, the certain tract or parcel of real estate situated in the county of - and State of -, described as follows, to-wit :
(Here insert description.)
The said part of the first part represent to and covenant with the part of the second part, that he have good right to sell and convey said premises, that they are free from encumbrance and that he will warrant and defend them against the lawful claims of all persons whomsoever, and do expressly hereby release all rights of dower in and to said premises, and relinquish and convey all rights of homestead therein.
This Instrument is made, executed and delivered upon the following con- ditions, to-wit :
First. Said first part agree to pay said - or order
Second. Said first part further agree as is stipulated in said note, that if he shall fail to pay any of said interest when due, it shall bear interest at the rate of ten per cent. per annum, from the time the same becomes due, and this mortgage shall stand as security for the same.
Third. Said first part further agree that he will pay all taxes and assessments levied upon said real estate before the same become delinquent, and if not paid the holder of this mortgage may declare the whole sum of money herein secured due and collectable at once, or he may elect to pay such taxes or assessments, and be entitled to interest on the same at the rate of ten per cent. per annum, and this mortgage shall stand as security for the amount so paid.
Fourth. Said first part further agree that if he fail to pay any of said money, either principal or interest, within - days after the same becomes due; or fail to conform or comply with any of the foregoing conditions or agree- ments, the whole sum herein secured shall become due and payable at once, and this mortgage may thereupon be foreclosed immediately for the whole of said money, interest and costs.
Fifth. Said part further agree that in the event of the non-payment of either principal, interest or taxes when due, and upon the filing of a bill of foreclosure of this mortgage, an attorney's fee of - dollars shall become due and pay- able, and shall be by the court taxed, and this mortgage shall stand as security therefor, and the same shall be included in the decree of foreclosure and shall be made by the Sheriff on general or special execution with the other money, interest and costs, and the contract embodied in this mortgage and the note described herein, shall in all respects be governed, constructed and adjudged by the laws of , where the same is made. The foregoing conditions being performed, this conveyance to be void, otherwise of full force and virtue.
,
[Acknowledge as in form No. 1.]
FORM OF LEASE.
THIS ARTICLE OF AGREEMENT, Made and entered into on this - - day of -, A. D. 187-, by and between -, of the county of -, and State of Iowa, of the first part, and -, of the county of and State of Iowa, of the second part, witnesseth that the said party of the first
297
ABSTRACT OF IOWA STATE LAWS.
part has this day leased unto the party of the second part the following described premises, to wit :
[Here insert description. ]
for the term of - from and after the - day of -, A. D. 187-, al
the - rent of dollars, to be paid as follows, to wit :
[Here insert Terms.]
And it is further agreed that if any rent shall be due and unpaid, or if default be made in any of the covenants herein contained, it shall then be law- ful for the said party of the first part to re-enter the said premises, or to destrain for such rent; or he may recover possession thereof, by action of forcible entry and detainer, notwithstanding the provision of Section 3,612 of the Code of 1873; or he may use any or all of said remedies.
And the said party of the second part agrees to pay to the party of the first part the rent as above stated, except when said premises are untenantable by reason of fire, or from any other cause than the carelessness of the party of the second part, or persons - family, or in - employ, or by superior force and inevitable necessity. And the said party of the second part covenants that - will use the said premises as a - -, and for no other purposes whatever ; and that - especially will not use said premises, or permit the same to be used, for any unlawful business or purpose whatever ; that- will not sell, assign, underlet or relinquish said premises without the written consent of the lessor, under penalty of a forfeiture of all - rights under this lease, at the election of the party of the first part; and that will use all due care and diligence in guarding said property, with the buildings, gates, fences, trees, vines, shrubbery, etc., from damnage by fire, and the depredations of animals ; that - will keep buildings, gates, fences, etc., in as good repair as they now are, or may at any time be placed by the lessor, damages by superior force, inevitable necessity, or fire from any other cause than from the carelessness of the lessee, or persons of - family, or in - employ, excepted ; and that at the expiration of this lease, or upon a breach by said lessee of any of the said covenants herein contained, - will, without further notice of any kind, quit and surrender the possession and occupancy of said premises in as good condi- tion as reasonable use, natural wear and decay thereof will permit, damages by fire as aforesaid, superior force, or inevitable necessity, only excepted.
In witness whereof, the said parties have subscribed their names on the date first above written.
In presence of
FORM OF NOTE.
- - , 18 -. $
On or before the - day of - 18-, for value received, I promise to
pay or order, - dollars, with interest from date until paid, at ten per cent. per annum, payable annually, at Unpaid interest shall bear interest at ten per cent. per annum. On failure to pay interest within - days after due, the whole sum, principal and interest, shall become due at once.
.
298
ABSTRACT OF IOWA STATE LAWS.
CHATTEL 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 personal property, now in the possession of - -in the county - and State of - , to wit :
[Here insert Description.]
And - do hereby warrant the title of said property, and that it is free from any incumbrance or lien. The only right or interest retained by grantor in and to said property being the right of redemption as herein provided. This conveyance to be void upon condition that the said grantor shall pay to said grantee, or his assigns, the full amount of principal and interest at the time therein specified, of - certain promissory notes 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.
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 virtue; 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, 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 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, or anything 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 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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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- eration 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 exag- 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.
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