USA > Iowa > Lee County > The history of Lee county, Iowa, containing a history of the county, its cities, towns, &c. > Part 35
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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.
314
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.]
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-elaimed, 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 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,
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 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.
-
818
ABSTRACT OF IOWA STATE LAWS.
Any person who shall mix any intoxicating liquor with any beer, wine or eider, 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 thereof 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- ieating 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 clection is held ; except only that any person holding a permit may sell upon the prescription of a practicing physician.
7
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 inade 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
Value of
COUNTIES.
Acres
Acres
Acres
Spring Wheat.
Winter Wheat.
Indian Corn.
Oats.
Products
of Im-
Unim-
under
No. of
No. of
No. of
of Farm
proved
Culti-
No. of
No. of
No. of
No. of
No. of
in
Land.
proved
Land.
vation
Bushels
Harv'i'd
Acres.
Bushels
Acres.
Bushels
in 1874.
Acres.
Harv't'l'
Harv'r'd
Acres.
Bushels
Harv'i'd
Dollars.
Appanoose ...
161059
1610SS
12518S
9606
1049
10SSS
64871
2385343
13756
SS+346
$1611937
Alamakee.
134767
156521
109358
61880
997639
1$1
1964
24325
905930
12.76
4-12829
1415769.
Audubon.
21146
28819
15986
6576
89235
10
9225
394655;
9697141
TSS
184153
Adams
65459
48735
54852
17947
281876
174
25174
$951
Adair
SSI82
55650
66265
21550
435014
$500
SOS60
1402428
228231
4455
141293
159789
695$18
S28171
Buena Vista .
83118
37034
27010
15514
162737
2791
67069
207828
Benton
09,318
53911
25940S
99-106
1548666
88241
8328921
15490
145070
2664995
Boone ..
156981
+1810
105642
$2505
-129254
779167
11
84
46151
1595752
10401
404620
1015458
Butler ..
149498
57907
20
700
88685
1270378
18827
421719
1209785
Bremer
145967
58908
17001
124870
104810
644795
28754
1026641
14259
518571
1144620
Black Hawk
213025
150881
181236
89361
1108024
56592
1989590
16804
538196
1898424
Buchanan,
19056
+1418
157240
64291
812342
48SS1
1811250
180120
17481
556209
2615949
Clay
87059
$9919
17481
153159
4436
98766
123845
Cherokee
54638
98974
$3375
45412
$1693
401507
9459
$15215
$545
115595
85019
Cass.
110864
15304
92785
40123
676209
40582
1901062
9079
176281
1284899
Crawford
59058
283414
15262
24000
824894
17957
648658
9902
99158
488857
Cedar
24SS69
41417
166485
40467
640544
26
295
75224
2845921
20248
675837
2606149
Cerro Gordo ..
52980
S09895
4864S
28199
415468
265448
21030
9512
7199
225097
591617
Clayton
212291
151908
178622
1805125
1347
$7948
89297
14+1263
S06133S
20024
669895
2081798
Clinton
299835
68683
1010345
428
23.04
702059
S049019
Chickasaw
96504
94773
74104
40162
643519
S
63
16821
514279
11744
446300
S94656
Carroll
58065
309744
$9159
26756
S40161
20
16014
550041
107574
451865
Clarke ..
98694
50487
ASSOS
17968
217090
55
39066
1580260
12337
$6764S
7054987
Calhoun.
26996
2661S
11040
109631
10
150
10656
$51120
2993
73182
221618
Davis.
150938
11600S
181597
5378
90993
5379
56405
62127
2115569
13643
$45.07
1603090
Decatur
115751
93275
8211
** 169
49240
684155
817
1:2289
50484
1763140
10555
$44551
1024541
Dubuque
187881
98561
1462-44
84
1.20
67118
1:02391
25115
648322
1636182
Des Moines
143665
472039
5$165
97618
10615
118896
287392
71728
SGSS
117810
102924
250.938
9242
1772992
Delaware
62305
161357
60401
50
56150
1690585
632113
169SS14
Dickinson
15770
29550
11961
5701
8183
41455
2403
37282
15834
Dallas
132435
51165
:14625
29256
4-584S
186
57652
2484598
9937
335124
1502047
Emmet
9989
25556
$911
1510
2197
14273
1519
$241
15244
Floyd .
14.098
$2130
110708
6206%
941489
26462
642448
15-161
487729
1367377
Fayette.
149304
98156
18375S
60779
863670
46
968
$7091
1296480
20770
704407
Franklin
69559
43046
65590
$1096
455909
24066
758983
9582
3286791
1503127
11:106
Fremont
115907
199332
103039
18299
206901
841
16625
CSS45
1703985
5419
179645
1046066
Grundy
1460$9
4.926
185108
67884
976607
40175
1482582
11:86
401948
1593977
Green
59940
49838
52828
19391
257760
14
783037
88902
783027
4927
120948
620905
Guthrie
S:259
4.200
76892
27489
$93514
$60
1669134
4145
158505
792461
Hardin
128831
39930
91.65
SS464
497251
41304
1879961
10982
$569 15
1066627
Humboldt
29114
$6906
2.0IS
12016
20902
999S
29.3SI
8974
90944
200001
Howard
115828
171048
6ISTI
86115
58290S
9916
807912
10210
840268
734409
Harrison
94848
$3:451
28948
143701
1200
44720
1620192
8462
69140
186647
Hancock
10462
S41615
9005
4859
70006
2067
5-899
1953
48$16
89405
Hamilton
68966
$9935
52050
20676
294692
204-11
670781
5108
168262
52762
Henry
182030
50249
110881
15026
180220
9041
118203
62672
2415670
19893
858221
1765670
Ida ..
7292
9194
6514
48815
2501
108465
455
14060
7482211
Iows
191041
$9351
1584SS
48410
670247
$6
1080
2718530
193200
142401
142401
48515
491
7942
02518
11756
S19071
2005049
Jackson
550000
53962
1665318
23652
521156
1750091
Johnson
241021
71257
193019
45306
666779
100
1274
27143
$15SI78
17760
532197
2447875
Jasper
179:52
216949
79926
1107170
100217
4525859
15267
532239
2916888
Jones
208907
63395
140684
S6090
SI
409
65423
1900534
18260
464524
1896416
Jefferson
167389
66979
125590
16237
164904
6193
66.39
55061
1695510
14005
446128
1530140
Keokuk
208123
98999
149672
$6852S
148
1363
75697
15582
447608
1919728
Kossuthı.
$1550
48793
2SS35
10798
1SIS9
140
9781
119777
5143
2:857
105806
Lee ..
183832
153550
10551
15400
200407
59563
2190306
11817
279069
1631518
Lucas.
10$952
59757
$1
929
1902330
342164
Lyon ..
15872
BISS4I
18954,
153587
47020
12665
1080554
12766
$182
54
2645
10396
18:89
82651
Linn
2S111S
62649
175635
52178
656597
13
160
91778
S489928
22670
585648
2590052
Louisa,
151007
529221
100066
19:64
189939
16267
49642
218465S
6792
175755
1665+39
Mitchell.
126584
94188
65534
1083811
11274
411961
14073
542662
1591878
Mahaska
282398
122190
150368
$1362
895532
205
2697
83775
S768209
16646
496248
2195785
Marion.
199669
82.79
153214
45186
529663
189
2012
S4630
$835063
1098:
335746
2181846
Mills
141512
53604
9988:
2885
S42961
548
59543
1533976
6528
232639
1008509
Madison
161998
188709
187979
$7553
62SS14
25
484
69494
2953630
8743
285103
1709080
Monroe
102215
18206
91.30
11688
101418
263
55$4
45575
1788916
11512
241081
983862
Marshall
228785
47552
11:308
69$95
1125SS2
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