USA > Iowa > Jefferson County > The history of Jefferson County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of citizens, war records of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men > Part 35
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One note for $- -, duc- , 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.]
315
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.]
316
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 thercof, 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,
317
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 thercin 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.
318
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 theroof 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.
319
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.
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 collect 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.
STATISTICS OF AGRICULTURE OF IOWA (CENSUS OF 1875.)
No. of
No. of
No. of |
Acres
Spring Wheat.
Winter Wheat.
Indian Corn.
Oats.
Value of
COUNTIES.
Acres
Acres
of 1m-
Uuim-
under
Products
proved
proved
Culti-
No. of
No. of
No. of
No. of
No. of
No. of
vation
Bushels
Bushcls
Bushels
No. of
No. of
of Farm
in
Land.
Land.
in 1874.
Acres.
Harv'ı'd
Acres.
Hary't'd
Acres.
Harv't'd
Acres.
Bushels
Harv't'd
Dollars.
Appanoose.
161059
161083
125188
9606
1049
10838
64871
2385243
13756
387346
$1611937
Alamakee.
134767
156821
109388
61880
77789
937639
181
1964
24325
905920
12776
412829
1415769
Audubon
21116
23819
15986
6876
89235
10
97
9225
394655
788
33233
181153
Adams
65159
43735
54352
17947
281376
7
174
25174
969777
3951
Adair
83182
55680
66265
27550
435014
70
3500
30860
1402128
4455
141293
695318
159739
828171
Buena Vista .
33118
297518
37031
207828
53911
27010
15514
67069
Benton.
239108
162737
228231
2791
9940G
1313666
429257
7
280
83244
3328921
1595752
15490
445070
Boone.
105642
32505
84
404620
2664995
156987
71810
11
46151
10401
1018453
Butler.
149498
58908
124877
57907
779167
20
700
38685
1270818
13827
421719
1209785
Bremer
145967
47001
104810
644795
28754
1026641
14259
518571
1144620
Black Hawk.
213025
150881
181256
89361
1108024
56592
1939590
16804
538196
1898424
Buchanan.
19056
71418
157240
64291
812342
48831
1811250
17431
556209
2615949
Clay ..
37059
39919
289+1
33375
17481
153159
8797
180120
4436
98766
123343
Cherokee
54638
45412
31693
401507
9459
315215
3545
Cass ..
110864
45304
92785
40123
676209
40582
1901062
115595
35019
9079
176281
1281899
Crawford
58038
21000
321894
17957
99158
483357
Cedar
248869
283414
41417
15262
618658
2902
166485
10467
640544
26
295
78224
2845921
265143
20213
2606149
52950
309895
415463
7199
675837
Cerro Gordo.
48648
28199
9512
228097
591617
Clayton .
212291
151908
173622
86883
1305125
1347
21030
37948
1471263
20024
669895
2081793
Clinton
299855
12
89297
23704
702059
96504
57337
68683
428
3061338
3019019
Chickasaw
91772
74104
1010345
40162
643519
3
63
16821
514279
11744
446300
894656
Carroll
58065
309744
39159
26756
340161
20
16014
550041
3238
107577
451365
Clarke.
98691
50487
78803
17968
217090
7
55
39066
1580260
12337
367643
Calhoun.
26996
26618
11040
109631
10
150
10656
351120
2993
73182
7051987
221613
Davis ..
150938
116003
131597
5378
30993
5379
56105
62127
2115569
13643
345707
1600090
Decatur
115751
87172
95275
8211
7:169
817
12239
50184
1763140
344551
98561
146244
634135
84
1720
67118
1702391
10555
1024541
Dubuque.
187831
49240
2307938
25115
613322
1636132
Des Moines.
143665
58165
97618
10615
113396
8688
117310
102924
9212
287392
1772992
Delaware
472029
15770
62305
161357
60401
71728
5
50
56150
1690335
20577
632113
1693314
Dickinson
29850
11961
25822
3183
44455
2103
37282
45334
Dallas
132135
57765
114625
5701
29256
415848
7
57652
2481898
9937
335124
1502017
Emmet
9989
25586
8387
3911
1510
186
2197
14273
1549
3241
15244
Floyd
147098
110708
26462
642448
15461
487729
179504
32130
62067
941439
1367377
Fayette ..
98156
133758
60779
863670
16
968
37091
1296480
20770
704407
1503127
Franklin
69959
43046
65590
31096
455909
21066
73845
758983
9532
328679
Fremont
115907
198932
103039
206901
1703985
5419
179645
777106
1046066
Grundy
146099
47926
135108
13229
67384
976607
841
16625
40175
1482582
11786
401948
1593977
Green
59310
49838
52323
19391
257760
2
44
783037
783027
4227
120948
620905
Guthrie
81259
47220
76892
27489
393574
22
360
38902
1669134
4145
153505
792461
Hardin
129831
29114
39930
97765
38464
497251
41304
1379961
10982
3974
356915
1066627
Humboldt
36906
2,013
12016
20902
9998
297381
90944
200001
Howard.
115823
171018
61871
36115
582803
9916
307912
10210
310268
734409
Harrison
94848
337451
72287
23918
84
1200
44720
3462
786677
10462
341615
143701
1620192
69140
Hancock
9005
4889
70006
2067
57899
1353
48816
89405
Hamilton
63966
39935
52050
20676
294682
20441
670,31
5108
168262
52762
Henry
182080
50249
110831
15026
180220
9011
113203
62672
2115670
13393
358221
1765670
Ida .
7292
9491
6514
3108
48815
2301
108465
455
11060
7482211
Iowa .
191041
89357
158188
48410
670247
36
1080
€2518
2713830
11756
319071
2005049
Jackson
193290
142401
142401
43515
5500001
491
7912
53962
1665518
23652
521156
1750091
Johnson
241021
71257
193019
45306
666779
100
1274
71142
3158178
17760
522197
2447875
Jasper
2,8881
179752
63298
216949
79926
1107170
100217
4525959
15267
532239
2916838
Jones
208907
140681
36090
462478
31
109
66739
65423
1909534
18260
461824
1896416
Jefferson.
16:389
66979
125590
16237
161904
6192
55061
1695510
14005
446128
15301 40
Keokuk
208125
31550
98999
149672
33278
368528
118
1363
75697
3327282
15582
447603
1919728
Kossuth
48793
28835
10798
13139
110
9781
119777
5143
27857
105306
Lee
183832
78692
133580
10851
72624
15400
2190306
11817
279069
Lucas.
108952
59757
88857
13954
153587
31
200407
59863
329
47022
1902530
12665
342164
1631518
1030554
Lyon.
15872
318841
12766
8132
76742
54
2645
10396
13,89
82651
Linn .
281118
62649
175655
52178
656597
12
160
91773
3439923
3477
22670
585648
2590052
Louisa.
151007
52922
100066
19764
94133
189939
1388
16267
49642
2184658
6792
175755
1665739
Mitchell.
126381
70176
65531
1083811
11271
411961
14078
542662
1591878
Mahaska
23239S
122190
82779
150068
31362
395532
205
2697
83775
3768209
16616
496248
2195785
Marion
199669
153214
15136
529663
189
2212
84630
3835063
10937
335746
2181346
Mills
141512
53604
99837
24385
342961
32
543
59543
1533976
6528
232639
1003509
Madison
161998
188709
137979
37553
628314
25
484
69194
2953630
8743
285103
1709030
Monroe
102215
78206
91,30
11638
101413
263
21
5584
45575
1738916
11512
211081
938362
Marshall
223735
47552
117303
69895
1125382
200
67699
2808256
13611
465245
2368278
Monona ...
52212
56278
39844
21517
2301
447665
Muscatine.
48:32
183811
818388
66475
178945
129699
15331
32375
416471
63
629
54760
1715973
13287
405562
1717906
Montgomery.
104633
50607
86026
1381
551539
8
166
39251
1441467
5322
201635
1072127
O'Brien
33626
32070
26 134
14904
151526
6379
106052
3107
53931
191542
Osceola ..
18190
31 106
14631
8769
74757
2510
17279
1390
26829
69581
Polk
207689
568-11
140450
37686
563389
21
394
77497
3272040
12188
431841
2110023
Pochahontas ...
21928
35572
419189
19219
8981
90619
7434
30:14
229263
2541
40494
112666
Pottawattomie
121630
33369
588971
63
475
47238
1750038
5278
168081
1252629
Powesheik
208989
48697
171588
57312
762826
86748
3571105
11416
333565
2393022
Page ...
156782
175471
115181
22689
12:20
20235
71386
2239043
9758
346507
1293463
Plymouth
5833
51912
41379
355792
83628
442736
10
160
10097
175778
4161
120437
434123
Palo Alto.
18517
32225
16679
860G
23208
325
6641
142957
2979
46859
96616
Ringgold.
18100
58829
508:3
10326
78851
125
1762
35613
1145937
9118
255007
1115782
Scott .
235515
19123
185742
47698
762315
40
618
59071
2226346
15915
528868
3041873
Story
148649
43874
99397
26658
330897
8
20
51273
1783477
11273
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