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

Author: Western Historical Co
Publication date: 1879
Publisher: Chicago, Western Historical Company
Number of Pages: 590


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


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72


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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