USA > Iowa > Henry County > The history of Henry county, Iowa, containing a history of the county, its cities, towns, &c. > Part 32
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Maryland.
1,457,351
Massachusetts.
Newark, N. J ..
439,706
Detroit, Mich.
New Hampshire.
318,300
Albany, N. Y ..
New York
4,382.759
Rochester, N. Y.
North Carolina
1,071,361
Allegheny, Pa ...
Oregon ..
90,923
New Orleans, La.
Louisiana
187,748
Florida ..
1.184,109
Georgia.
2,539,891
Illinois ..
1,321,011
San Francisco, Cal.
626,915
Buffalo, N. Y ...
Pittsburg, Pa ....
Jersey City, N. J
Vermont.
330,551
Cambridge, Mass.
Reading, Pa ...
Portland, Me.
Columbus, Ohio.
Savannah, Ga ..
28,233
STATES AND TERRITORIES.
Total Population.
Delaware.
125,015
292
MISCELLANEOUS INFORMATION.
POPULATION OF THE UNITED STATES.
STATES AND TERRITORIES.
Area in square Miles.
POPULATION.
Miles R. R. 1872.
STATES AND TERRITORIES.
Area in square Miles.
1870.
1875.
1872.
States.
50,722
996,992
1,671
Pennsylvania.
46,000
3,521,791
5,113
Arkansas ..
52,198
484.471
25
Rhode Island ..
...
1,306
217,353
258,239
136
California ..
188.981
560,247
1,013
South Carolina
29,385
705,606
925,145
1,201
Connectlent ..
4.674
537,454
'820
Tennessee.
45,600
1,258,520
1,520
Delaware.
2.120
125,015
227
Texas,
237,504
818,579
865
Florida.
59,268
187,748
466
Vermont
10,212
330,551
675
Georgia.
58,000 1,184,109
2,108
Virginia.
40,904
1,225,163
1,490
Illinois
55,410 2,539,891
5,904
West Virginia
23,000
442,014
485
Wisconsin
53,924
1,054.670
1,236,729
1.725
Iowa.
55,045
1,191.792 1,350,544 3.160
Total States.
1,950,171 38,113,253
59,587
Kentucky
41,346
726,915
539
Maine ...
31,776
626,915
871
Arizona
113,916
9,658
Maryland
11,184
780,894
Colorado ..
104,500
39,864
392
Massachusetts.
7,800 1,457,351
Dakota
147,490
14,181
*
Minnesota.
83,531
439,706
Idaho.
90,932
14,999
47,156
827,922
Montana.
143.776
20,595
Missouri ..
65,350 1,721,295
Utah.
80,056
86.786
375
New Hampshire.
9,280
318,300
790
Wyoming ..
93,107
9,118
498
New Jersey
8.320
906,096 1,026,502 1,265
New York
47,000 4,382,759 4,705,208 4,470
North Carolina ..
50,704 1,071,361
1,190
Ohio
39,964 2,665,260
3,740
Oregon
95,244
90,923
159
* Last Census of Michigan taken in 1874.
* Included in the Railroad Mileage of Maryland.
PRINCIPAL COUNTRIES OF THE WORLD; POPULATION AND AREA.
COUNTRIES.
Population.
Date of Census.
Area in Square Miles.
Inhabitants to Square Mile.
CAPITALS.
Population.
China
446,500.000
1871
3,741,846
119.3
Pekin.
1,648,800
British Empire.
226,817,108
1871
4,677,432
48.6
London ..
3,251,800
Russia ..
81,925,490
1871
8,003,778
10.2
St. Petershurg.
667,000
United States with Alaska.
38,925,600
1870
2,603,884
7.78
Washington
109,199
France ..
36,469,800
1866
204,091
178.7
Paris.
1,825,800
Austria and Hungary.
35,904,400
1869
240,848
149.4
Vienna
838,900
Japan ..
34,785,300
1871
149,399
232.8
Yeddo.
1,554,900
Great Britain and Ireland
31,817,100
1871
121,315
262.3
London.
8,251,800
German Empire
29,906,092
1871
160,207
187.
Berlín
825,400
Italy
27,439,921
1871
118,847
230.9
Rome.
244,484
Spain
16,642,000
1867
195,775
86.
Madrid
832,000
Brazil.
10,000.000
3,253,029
3.07
Rio Janeiro.
420,000
Turkey
16,463,000
672,621
24.4
Constantinople
1,075,000
Mexico.
9,173,000
1869
761,526
Mexico
210.300
Sweden and Norway
5,921,500
1870
292,871
Stockholm
136,900
Persia ..
5,000,000
1870
635,964
7.8
Teheran.
120,000
Bavaria ..
4,861,400
1871
29,292
165.9
Munich
169,500
Portugal
3,995,200
1868
34,494
115.8
Holland
3,688,300
1870
12,680
290.9
Hague ..
90,100
New Grenada.
3,000,000
1870
857,157
8.4
Bogota.
45,000
Chili ..
2,000,000
1869
132,616
15.1
Santiago.
115,400
Switzerland.
2,669,100
1870
15,992
166.9
Bernie.
36,000
Peru ..
2,500,000
1871
471,838
5.3
Lima.
160,100
Bollvia.
2,000,000
497,321
4.
Chuquisaca ..
Wurtemburg
1,818,500
1871
7,533
241.4
Denmark
1,784,700
1870
14,753
120.9
Venezuela.
1,500,000
368,238
Caraccas
47,000
Baden.
1,461,400
1871
5,912
Carisrnhe
Greece ..
1,457,900
1870
19,353
75.8
Athens ..
Guatemala
1,180,000
1871
40,879
28.9
Guatemala
40,000
Paraguay.
1,000,000
1871
63,787
15.6
Asuncion.
48,000
Hesse
823,138 718,000
2,969
277.
30,000
San Salvador.
600,000
1871
7,385
81.8
Sal Salvador
15,000
Nicaragua.
350,000
1871
58,171
6.
Managua.
10,000
Uruguay.
300,000
1871
66,722
6.5
Monte Video.
44,600
Honduras
850,000
1871
47,092
7.4
Comayagua.
12,000
San Domingo.
136,000
17,827
7.6
San Domingo
20,000
Costa Rica
165.000
1870
21,505
7.7
San Jose.
2,000
Hawail
62.950
7.683
80.
Honolulu
7,688
1870.
1875.
States. .
Alabama
81,318
364,399
528,349
1,760
Kansas.
37,600 1,321,011
1,123
Louisiana
857,039
Territories.
Dist. of Columbia.
60
131,700
Michigan*
56,451 1,184,059
598,429 1,612
990
Nebraska.
75,985
123,993
828
Nevada
112,090
42.491
593
Washington.
69,944
23,955
Total Territories.
965,032
442,730
1,265
New Mexico
121,201
91,874
3.529
Indiana ..
33,809 1,680,637
820
1,651,912 1,606
1,334,031 2,235
Mississippi.
2,580
246,280 52,540
1869
11,373
441.6
Brussels.
314,100
Argentine Republic.
1,812,000
1869
871,848
2.1
Buenos Ayres.
177,800
Stuttgart
Copenhagen
49,400
Ecuador.
1,300,000
218,928
5.9
Quito
Darmstadt
74.9
Monrovia
8,000
Hayti
572,000
10,205
56.
Port au Prince
20,000
Belgium
5,021,300
20.
Lisbon.
224,063
25,000
91,600
162,042
4.2 247
86,600
70,000
Liberia
9,576
POPULATION.
Miles R. R.
Aggregate of U. S .. 2,915,203 38,555,983 60,852
ABSTRACT OF IOWA STATE LAWS.
BILLS OF EXCHANGE AND PROMISSORY NOTES.
Upon negotiable bills, and notes payable in this State, grace shall be allowed according to the law merchant. All the above mentioned paper falling due on Sunday, New Year's Day, the Fourth of July, Christmas, or any day appointed or recommended by the President of the United States or the Governor of the State, as a day of fast or thanksgiving, shall be deemed as due on the day pre- vious. No defense can be made against a negotiable instrument (assigned before due) in the hands of the assignee without notice, except fraud was used in obtaining the same. To hold an indorser, due diligence must be used by suit against the maker or his representative. Notes payable to person named or to order, in order to absolutely transfer title, must be indorsed by the payee. Notes payable to bearer may be transferred by delivery, and when so payable, every indorser thereon is held as a guarantor of payment, unless otherwise expressed.
In computing interest or discount on negotiable instruments, a month shall be considered a calendar month or twelfth of a year, and for less than a month, a day shall be figured a thirtieth part of a month. Notes only bear interest when so expressed; but after due, they draw the legal interest, even if not stated.
INTEREST.
The legal rate of interest is six per cent. Parties may agree, in writing, on a rate not exceeding ten per cent. If a rate of interest greater than ten per cent. is contracted for, it works a forfeiture of ten per cent. to the school fund, and only the principal sum can be recovered.
DESCENT.
The personal property of the deceased (except (1) that necessary for pay- ment of debts and expenses of administration ; (2) property set apart to widow, as exempt from execution; (3) allowance by court, if necessary, of twelve months' support to widow, and to children under fifteen years of age), including life insurance, descends as does real estate.
One-third in value (absolutely) of all estates in real property, possessed by husband at any time during marriage, which have not been sold on execution or other judicial sale, and to which the wife has made no relinquishment of her right, shall be set apart as her property, in fee simple, if she survive him.
(293)
294
ABSTRACT OF IOWA STATE LAWS.
The same share shall be set apart to the surviving husband of a deceased- wife.
The widow's share cannot be affected by any will of her husband's, unless she consents, in writing thereto, within six months after notice to her of pro- visions of the will.
The provisions of the statutes of descent apply alike to surviving husband or surviving wife.
Subject to the above, the remaining estate of which the decedent died. siezed, shall in absence of other arrangements by will, descend
First. To his or her children and their descendants in equal parts; the descendants of the deceased child or grandchild taking the share of their deceased parents in equal shares among them.
Second. Where there is no child, nor descendant of such child, and no widow or surviving husband, then to the parents of the deceased in equal parts; the surviving parent, if either be dead, taking the whole; and if there is no parent living, then to the brothers and sisters of the intestate and their descend- ants.
Third. When there is a widow or surviving husband, and no child or chil- dren, or descendants of the same, then, one-half of the estate shall descend to such widow or surviving husband, absolutely ; and the other half of the estate shall descend as in other cases where there is no widow or surviving husband, or child or children, or descendants of the same.
Fourth. If there is no child, parent, brother or sister, or descendants of either of them, then to wife of intestate, or to her heirs, if dead, according to like rules.
Fifth. If any intestate leaves no child, parent, brother or sister, or de- scendants of either of them, and no widow or surviving husband, and no child, parent, brother or sister (or descendant of either of them) of such widow or surviving husband, it shall escheat to the State.
WILLS AND ESTATES OF DECEASED PERSONS.
No exact form of words are necessary in order to make a will good at law .. Every male person of the age of twenty-one years, and every female of the age of eighteen years, of sound mind and memory, can make a valid will; it must . be in writing, signed by the testator, or by some one in his or her presence, and by his or her express direction, and attested by two or more competent wit- nesses. Care should be taken that the witnesses are not interested in the will. Inventory to be made by executor or administrator within fifteen days from date of letters testamentary or of administration. Executors' and administra- tors' compensation on amount of personal estate distributed, and for proceeds of sale of real estate, five per cent. for first one thousand dollars, two and one-half per cent. on overplus up to five thousand dollars, and one per cent: on overplus above five thousand dollars, with such additional allowance as shall be reasona- ble for extra services.
Within ten days after the receipt of letters of administration, the executor or administrator shall give such notice of appointment as the court or clerk shall direct.
Claims (other than preferred) must be filed within one year thereafter, are forever barred, unless the claim is pending in the District or Supreme Court, or unless peculiar circumstances entitle the claimant to equitable relief.
-
ABSTRACT OF IOWA STATE LAWS.
295
Claims are classed and payable in the following order :
1. Expenses of administration.
2. Expenses of last sickness and funeral.
3. Allowance to widow and children, if made by the court.
4. Debts preferred under laws of the United States.
5. Public rates and taxes.
6. Claims filed within six months after the first publication of the notice given by the executors of their appointment.
7. All other debts.
8. Legacies.
The award, or property which must be set apart to the widow, in her own right, by the executor, includes all personal property which, in the hands of the deceased, as head of a family, would have been exempt from execution.
TAXES.
The owners of personal property, on the first day of January of each year, and the owners of real property on the first day of November of each year, are- liable for the taxes thereon.
The following property is exempt from taxation, viz. :
1. The property of the United States and of this State, including univer- sity, agricultural, college and school lands and all property leased to the State ;. property of a county, township, city, incorporated town or school district when devoted entirely to the public use and not held for pecuniary profit; public grounds, including all places for the burial of the dead; fire engines and all implements for extinguishing fires, with the grounds used exclusively for their buildings and for the meetings of the fire companies; all public libraries, grounds and buildings of literary, scientific, benevolent, agricultural and reli- gious institutions, and societies devoted solely to the appropriate objects of these institutions, not exceeding 640 acres in extent, and not leased or otherwise used with a view of pecuniary profit; and all property leased to agricultural, charit- able institutions and benevolent societies, and so devoted during the term of such lease ; provided, that all deeds, by which such property is held, shall be duly filed for record before the property therein described shall be omitted from the. assessment.
2. The books, papers and apparatus belonging to the above institutions; used solely for the purposes above contemplated, and the like property of stu- dents in any such institution, used for their education.
3. Money and credits belonging exclusively to such institutions and devoted solely to sustaining them, but not exceeding in amount or income the sum pre- scribed by their charter.
4. Animals not hereafter specified, the wool shorn from sheep, belonging to. the person giving the list, his farm produce harvested within one year previous to the listing; private libraries not exceeding three hundred dollars in value ; family pictures, kitchen furniture, beds and bedding requisite for each family, all wearing apparel in actual use, and all food provided for the family ; but no. person from whom a compensation for board or lodging is received or expected, is to be considered a member of the family within the intent of this clause.
5. The polls or estates or both of persons who, by reason of age or infirm- ity, may. in the opinion of the Assessor, be unable to contribute to the public:
296
ABSTRACT OF IOWA STATE LAWS.
revenue; such opinion and the fact upon which it is based being in all cases reported to the Board of Equalization by the Assessor or any other person, and subject to reversal by them.
6. The farming utensils of any person who makes his livelihood by farming, and the tools of any mechanic, not in either case to exceed three hundred dollars in value.
7. Government lands entered or located or lands purchased from this State, should not be taxed for the year in which the entry, location or purchase is made.
There is also a suitable exemption, in amount, for planting fruit trees or forest trees or hedges.
Where buildings are destroyed by fire, tornado or other unavoidable casu- alty, after being assessed for the year, the Board of Supervisors may rebate taxes for that year on the property destroyed, if same has not been sold for taxes, and if said taxes have not been delinquent for thirty days at the time of destruction of the property, and the rebate shall be allowed for such loss only as is not covered by insurance.
All other property is subject to taxation. Every inhabitant of full age and sound mind shall assist the Assessor in listing all taxable property of which he is the owner, or which he controls or manages, either as agent, guardian, father, husband, trustce, executor, accounting officer, partner, mortgagor or lessor, mortgagee or lessee.
Road beds of railway corporations shall not be assessed to owners of adja- cent property, but shall be considered the property of the companies for pur- poses of taxation ; nor shall real estate used as a public highway be assessed and taxed as part of adjacent lands whence the same was taken for such public purpose.
The property of railway, telegraph and express companies shall be listed and assessed for taxation as the property of an individual would be listed and assessed for taxation. Collection of taxes made as in the case of an individual.
The Township Board of Equalization shall meet first Monday in April of each year. Appeal lies to the Circuit Court.
The County Board of Eqalization (the Board of Supervisors) meet at their regular session in June of each year. Appeal lies to the Circuit Court.
Taxes become delinquent February 1st of each year, payable, without interest or penalty, at any time before March 1st of each year.
Tax sale is held on first Monday in October of each year.
Redemption may be made at any time within three years after date of sale, by paying to the County Auditor the amount of sale, and twenty per centum of such amount immediately added as penalty, with ten per cent. interest per annum on the whole amount thus made from the day of sale, and also all sub- sequent taxes, interest and costs paid by purchaser after March 1st of each year, and a similar penalty of twenty per centum added as before, with ten per cent. interest as before.
If notice has been given, by purchaser, of the date at which the redemption is limited, the cost of same is added to the redemption money. Ninety days' notice is required, by the statute, to be published by the purchaser or holder of certificate, to terminate the right of redemption.
297
ABSTRACT OF IOWA STATE LAWS
JURISDICTION OF COURTS DISTRICT COURTS
have jurisdiction, general and original, both civil and criminal, except in such cases where Circuit Courts have exclusive jurisdiction. District Courts have exclusive supervision over courts of Justices of the Peace and Magistrates, in criminal matters, on appeal and writs of error.
CIRCUIT COURTS
have jurisdiction, general and original, with the District Courts, in all civil actions and special proceedings, and exclusive jurisdiction in all appeals and writs of error from inferior courts, in civil matters. And exclusive jurisdiction in matters of estates and general probate business.
JUSTICES OF THE PEACE
have jurisdiction in civil matters where $100 or less is involved. By consent of parties, the jurisdiction may be extended to an amount not exceeding $300. They have jurisdiction to try and determine all public offense less than felony, committed within their respective counties, in which the fine, by law, does not exceed $100 or the imprisonment thirty days.
LIMITATION OF ACTIONS.
Action for injuries to the person or reputation; for a stutute penalty; and to enforce a mechanics' lien, must be brought in two (2) years.
Those against a public officer within three (3) years.
Those founded on unwritten contracts; for injuries to property; for relief on the ground of fraud; and all other actions not otherwise provided for, within five (5) years.
Those founded on written contracts; on judgments of any court (except those provided for in next section), and for the recovery of real property, within ten (10) years.
Those founded on judgment of any court of record in the United States, within twenty (20) years.
All above limits, except those for penalties and forfeitures, are extended in favor of minors and insane persons, until one year after the disability is removed -time during which defendant is a non-resident of the State shall not be included in computing any of the above periods.
Actions for the recovery of real property, sold for non-payment of taxes, must be brought within five years after the Treasurer's Deed is executed and recorded, except where a minor or convict or insane person is the owner, and they shall be allowed five years after disability is removed, in which to bring action.
JURORS.
All qualified electors of the State, of good moral character, sound judgment, and in full possession of the senses of hearing and sceing, are competent jurors in their respective counties.
United States officers, practicing attorneys, physicians and clergymen, acting professors or teachers in institutions of learning, and persons disabled by
298
ABSTRACT OF IOWA STATE LAWS.
bodily infirmity or over sixty-five years of age, are exempt from liability to act as jurors.
Any person may be excused from serving on a jury when his own interests or the public's will be materially injured by his attendance, or when the state of his health or the death, or sickness of his family requires his absence.
CAPITAL PUNISHMENT
was restored by the Seventeenth General Assembly, making it optional with the jury to inflict it or not.
A MARRIED WOMAN
may convey or incumber real estate, or interest therein, belonging to her ; may control the same or contract with reference thereto, as other persons may con- vey, encumber, control or contract.
She may own, acquire, hold, convey and devise property, as her husband may.
Her husband is not liable for civil injuries committed by her.
She may convey property to her husband, and he may convey to her. She may constitute her husband her attorney in fact.
EXEMPTIONS FROM EXECUTION.
A resident of the State and head of a family may hold the following prop- erty exempt from execution : All wearing apparel of himself and family kept for actual use and suitable to the condition, and the trunks or other receptacles nec- essary to contain the same; one musket or rifle and shot-gun ; all private libraries, family Bibles, portraits, pictures, musical instruments, and paintings not kept for the purpose of sale; a seat or pew occupied by the debtor or his family in any house of public worship ; an interest in a public or private burying ground not exceeding one acre; two cows and a calf; one horse, unless a horse is exempt as hereinafter provided ; fifty sheep and the wool therefrom, and the materials manufactured from said wool; six stands of bees ; five hogs and all pigs under six months ; the necessary food for exempted animals for six months ; all flax raised from one acre of ground, and manufactures therefrom ; one bed- stead and necessary bedding for every two in the family ; all cloth manufactured by the defendant not exceeding one hundred yards; household and kitchen fur- niture not exceeding two hundred dollars in value; all spinning wheels and looms ; one sewing machine and other instruments of domestic laber kept for actual use; the necessary provisions and fuel for the use of the family for six months ; the proper tools, instruments, or books of the debtor, if a farmer, mechanic, surveyor, clergyman, lawyer, physician, teacher or professor; the horse or the team, consisting of not more than two horses or mules, or two yokes of cattle, and the wagon or other vehicle, with the proper harness or tackle, by the use of which the debtor, if a physician, public officer, farmer, teamster or other laborer, habitually earns his living ; and to the debtor, if a printer, there shall also be exempt a printing press and the types, furniture and material nec- essary for the use of such printing press, and a newspaper office to the value of twelve hundred dollars ; the earnings of such debtor, or those of his family, at any time within ninety days next preceding the levy.
Persons unmarried and not the head of a family, and non-residents, have exempt their own ordinary wearing apparel and trunks to contain the same.
299
ABSTRACT OF IOWA STATE LAWS.
There is also exempt, to a head of a family, a homestead, not exceeding forty acres; or, if inside city limits, one-half acre with improvements, value not limited. The homestead is liable for all debts contracted prior to its acquisition as such, and is subject to mechanics' liens for work or material furnished for the same.
An article, otherwise exempt, is liable, on execution, for the purchase money thereof.
Where a debtor, if a head of a family, has started to leave the State, he shall have exempt only the ordinary wearing apparel of himself and family, and other property in addition, as he may select, in all not exceeding seventy-five dollars in value.
A policy of life insurance shall inure to the separate use of the husband or wife and children, entirely independent of his or her creditors.
ESTRAYS.
An unbroken animal shall not be taken up as an estray between May 1st and November 1st, of each year, unless the same be found within the lawful enclosure of a householder, who alone can take up such animal, unless some other person gives him notice of the fact of such animal coming on his place ; and if he fails, within five days thereafter, to take up such estray, any other householder of the township may take up such estray and proceed with it as if taken on his own premises, provided he shall prove to the Justice of the Peace such notice, and shall make affidavit where such estray was taken up.
Any swine, sheep, goat, horse, neat cattle or other animal distrained (for damage done to one's enclosure), when the owner is not known, shall be treated as an estray.
Within five days after taking up an estray, notice, containing a full descrip- tion thereof, shall be posted up in three of the most public places in the town- ship ; and in ten days, the person taking up such estray shall go before a Justice of the Peace in the township and make oath as to where such estray was taken up, and that the marks or brands have not been altered, to his knowledge. The estray shall then be appraised, by order of the Justice, and the appraisement, description of the size, age, color, sex, marks and brands of the estray shall be entered by the Justice in a book kept for that purpose, and he shall, within ten days thereafter, send a certified copy thereof to the County Auditor.
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