USA > Iowa > Warren County > The history of Warren County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of its citizens, war record of its volunteers in the late rebellion, general and local statistics &c > Part 27
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The mode of relief for the poor, through the action of the Township Trustees, or the action of the Board of Supervisors, is so well known to every township officer, and the circumstances attending applications for re- lief are so varied, that it need now only be said that it is the duty of each county to provide for its poor, no matter at what place they may be.
LANDLORD AND TENANT.
A tenant giving notice to quit demised premises at a time named, and afterward holding over, and a tenant or his assignee willfully holding over the premises after the term, and after notice to quit, shall pay double rent.
Any person in possession of real property, with the assent of the owner, is presumed to be a tenant at will until the contrary is shown.
Thirty days' notice, in writing, is necessary to be given by either party before he can, terminate a tenancy at will; but when, in any case, a rent is reserved payable at intervals of less than thirty days, the length of notice need not be greater than such interval between the days of payment. In case of tenants occupying and cultivating farms, the notice must fix the ter- mination of the tenancy to take place on the 1st of March, except in cases of field tenants and croppers, whose leases shall be held to expire when the crop is harvested; provided, that in a case of a crop of corn, it shall not be later, than the 1st day of December, unless otherwise agreed upon. But when an express agreement is made, whether the same has been reduced to writing or not, the tenancy shall cease at the time agreed upon, without notice.
But where an express agreement is made, whether reduced to writing or not, the tanancy shall cease at the time agreed upon, without notice.
If such tenant cannot be found in the county, the notices above required may be given to any sub-tenant or other person in possession of the prem- ises; or if the premises be vacant, by affixing the notice to the principal door of the building, or on some conspicuous position on the land, if there be no building.
The landlord shall have a lien for his rent upon all the crops grown on the premises, and upon any other personal property of the tenant used on the premises during the term, and not exempt from execution, for a period of one year after a year's rent or the rent of a shorter period claimed falls due; but such lien shall not continue more than six months after the expiration of the term.
The lien may be effected by the commencement of an action, within the
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ABSTRACT OF THE LAWS OF IOWA.
period above described, for rent alone; and the landlord is entitled to a writ of attachment, upon filing an affidavit that the action is commenced to re- cover rent accrued within one year previous thercto upon the premises de- scribed in the affidavit.
WEIGHTS AND MEASURES.
Whenever any of the following articles shall be contracted for, or sold or delivered, and no special contract or agreement shall be made to the con- trary, the weight per bushel shall be as follows, to wit:
Apples, Peaches or Quinces. 48
Sand. 130
Cherries, Grapes, Currants or Gooseber's, 40
Sorgum Seed.
30
Strawberries, Raspberries or Blackber's, 32 Osage Orange Seed. 32
Broom Corn Seed. 30
Buckwheat. 52
Millet Seed. 45
Salt. 50
48
Lime. 80
Corn Meal. 48
Corn in the ear 70
60
Timothy Seed.
45
Potatoes
60
Hemp Seed.
44
Beans.
60
Dried Peaches.
33
Clover Seed. 60
Oats. 33
Onions .. 57
Dried Apples 24
Shelled Corn
56
Bran ...
20
Rye ..
56
Blue Grass Seed. 14
Flax Seed ..
56
Hungarian Grass Seed.
45
Sweet Potatoes.
46
Penalty for giving less than the above standard is treble damages and costs and five dollars addition thereto as a fine.
NOTES.
Form of note is legal, worded in the simplest way, so that the amount and time of payment are mentioned:
$100. CHICAGO, Ill., Sept. 15, 1876.
Sixty days from date I promise to pay to E. F. Brown or order, one lun- dred dollars, for value received. L. D. LOWRY.
A note to be payable in anything else than money needs only the facts substituted for money in the above form.
ORDERS.
Orders should be worded simply, thus.
Mr. F. H. COATS:
CHICAGO, Sept. 15, 1876.
Please pay to H. Birdsall twenty-five dollars, and charge to F. D. SILVA.
BILLS OF PURCHASE.
W. N. MASON, SALEM, Illinois, Sept. 18, 1876.
Bought of A. A. GRAHAM.
4 Bushels of Seed Wheat, at $1.50 .$6 00
2 Seamless Sacks 30 60
Received payment, $6 60
A. A. GRAHAM.
Stone Coal.
80
Barley
Castor Beans.
46
Wheat.
.
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ABSTRACT OF THE LAWS OF IOWA,
RECEIPTS.
Receipts should always state when received and what for, thus: $100. CHICAGO, Sept. 15, 1876.
Received of J. W. Davis, one hundred dollars, for ser- vices rendered in grading his Jot in Fort Madison, on account.
THOMAS BRADY.
If receipt is in full, it should be so stated.
DEFINITION OF COMMERCIAL TERMS.
$- means dollars, being a contraction of U. S., which was formerly placed before any denomination of money, and meant, as it means now, United States Currency.
£- means pounds, English money.
@ stands for at or to; tb for pounds, and bbl. for barrels; + for per or by the. Thus, Butter sells at 20@30c & b, and Flour at $8@$12 @ bbl. % for per cent, and # for number.
May 1. Wheat sells at $1.20@$1.25, " seller June." Seller June means that the person who sells the wheat has the privilege of delivering it at any time during the month of June.
Selling short, is contracting to deliver a certain amount of grain or stock, at a fixed price, within a certain length of time, when the seller has not the stock on hand. It is for the interest of the person selling " short " to depress the market as much as possible, in order that he may buy and fill his contract at a profit. Hence the "shorts " are terined " bears."
Buying long, is to contract to purchase a certain amount of grain or shares of stock at a fixed price, deliverable within a stipulated timne, ex- pecting to make a profit by the rise in prices. The "longs " are termed " bulls," as it is for their interest to "operate " so as to " toss " the prices upward as much as possible.
CONFESSION OF JUDGMENT.
$- -, 18 -. after date - promises to pay to the order of Iowa, -- dollars; at for value received, with interest at ten per cent per annum after until paid. Interest payable -, and on interest not paid when dne, interest at same rate and conditions.
A failure to pay said interest, or any part thereof, within 20 days after due, shall cause the whole note to become due and collectible at once.
If this note is sued, or judgment is confessed hereon, $- shall be allowed as attorney fees. No. -. P. O.
CONFESSION OF JUDGMENT.
-VS. - In Court of County, Iowa, , of County, Iowa, do hereby confess that - justly indebted to in the sum of dollars, and the further sum of $- as attorney fees, with interest thereon at ten per cent from - -, and -- hereby confess judg- ment against --- as defendant in favor of said -, for said sum of $-, and $- as attorney fees, hereby authorizing the Clerk of the - Court of said county to enter up judgment for said sum against - with costs, and interest at 10 per cent from -, the interest to be paid -. Said debt and judgment being for
209
ABSTRACT OF THE LAWS OF IOWA.
It is especially agreed, however, That if this judgment is paid within twenty days after due, no attorney fees need be paid. And - hereby sell, convey and release all right of homestead we now occupy in favor of said - so far as this judgment is concerned, and agree that it shall be liable on execution for this judgment.
Dated -, 18 -.
THE STATE OF IOWA, County.
-being duly sworn according to law, depose and say that the fore- going statement and Confession of Judgment was read over to -, and that - understood the contents thereof, and that the statements contained therein are true, and that the sums therein mentioned are justly to become dne said ---- as aforesaid.
Sworn to and subscribed before me and in my presence by the said this - day of -- ,18 --. - - -
- , Notary Public.
ARTICLES OF AGREEMENT.
An agreement is where one party promises to another to do a certain thing in a certain time for a stipulated sum. Good business men always reduce an agreement to writing, which nearly always saves misunderstand- ings and trouble. No particular form is necessary, but the facts must be clearly and explicitly stated, and there must, to make it valid, be a reason- able consideration.
General Form of Agreement .- This agreement, made the second day of June, 1878, between John Jones, of Keokuk, county of Lee, State of Iowa, of the first part, and Thomas Whiteside, of the same place, of the second part-
Witnesseth: That the said John Jones, in consideration of the agreement of the party of the second part, hereinafter contained, contracts and agrees to and with the said Thomas Whiteside, that he will deliver in good and marketable condition, at the village of Melrose, Iowa, during the month of November, of this year, one hundred tons of prairie hay. in the following lots, and at the following specified times; namely, twenty-five tons by the seventh of November, twenty-five tons additional by the fourteenth of the month, twenty-five tons more by the twenty-first, and the entire one hun- dred tons to be all delivered by the thirtieth of November.
And the said Thomas Whiteside, in consideration of the prompt fulfill- inent of this contract, on the part of the party of the first part, contracts to and agrees with the said John Jones, to pay for said hay five dollars per ton, for each ton as soon as delivered.
In case of failure of agreement by either of the parties hereto, it is hereby stipulated and agreed that the party so failing shall pay to the other, one hundred dollars, as fixed and settled damages.
In witness whereof, we have hereunto set our hands the day and year first above written.
JOHN JONES, THOMAS WHITESIDE.
Agreement with Clerk for Services .- This agreement, made the first day of May, one thousand eight hundred and seventy-eight, between Reuben Stone, of Dubuque, county of Dubuque, State of Iowa, party of the first
14
210
ABSTRACT OF THE LAWS OF IOWA.
part, and George Barclay, of McGregor, county of Clayton, State of Iowa, party of the second part-
Witnesseth: That the said George Barclay agrees faithfully and diligently to work as clerk and salesman for the said Reuben Stone, for and during the space of one year from the date hereof, should both live such length of time, without absenting himself from his occupation; during which time he, the said Barclay, in the store of said Stone, of Dubuque, will carefully and honestly attend, doing and performing all duties as clerk and salesman aforesaid, in accordance and in all respects as directed and desired by the said Stone.
In consideration of which services, so to be rendered by the said Barclay, the said Stone agrees to pay to said Barclay the annual sum of one thousand dollars, payable in twelve equal monthly payments, each upon the last day of each month; provided that all dues for days of absence from business by said Barclay, shall be deducted from the sum otherwise by the agreement due and payable by the said Stone to the said Barclay
Witness our hands.
REUBEN STONE. GEORGE BARCLAY.
BILLS OF SALE.
A bill of sale is a written agreement to another party, for a consideration to convey his right and interest in the personal property. The purchaser must take actual possession of the property, or the bill of sale must be ac- knowledged and recorded.
Common Form of Bill of Sale .- Know all men by this instrument, that I, Louis Clay, of Burlington, Iowa, of the first part, for and in consideration of five hundred and ten dollars, to me paid by John Floyd, of the same place, of the second part, the receipt whereef is hereby acknowledged, have sold, and by this instrument do convey unto the said Floyd, party of the second part, his executors, administrators and assigns, ny undivided half of ten acres of corn, now growing on the farm of Thomas Tyrell, in the town above mentioned; one pair of horses, sixteen sheep, and five cows, belonging to me and in my possession at the farm aforesaid; to have and to hold the same unte the party of the second part, his executors and assigns forever. And I do, for myself and legal representatives, agree with the said party of the second part, and his legal representatatives, to warrant and defend the sale of the aforementioned property and chattels unto the said party of the second part, and his legal representatives, against all and any person whomsoever.
In witness whereof, I have hereunto affixed my hand, this tenth day of October, one thousand eight hundred and seventy-six.
LOUIS CLAY.
NOTICE TO QUIT.
To John Wontpay: You are hereby notified to quit the possession of the premises you now occupy, to-wit:
[Insert Description. ]
on or before thirty days from the date of this notice. Dated January 1, 1878.
Landlord.
[ Reversed for Notice to Landlord. ]
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ABSTRACT OF THE LAWS OF IOWA.
GENERAL FORM OF WILL FOR REAL AND PERSONAL PROPERTY.
I, Charles Mansfield, of the town of Bellevne, county of Jackson, State of Iowa, being aware of the uncertainty of life, and in failing health, but of sound inind and memory, do make and declare this to be my last will and testament, in manner following, to-wit:
First. I give, devise and bequeath unto to my eldest son, Sydney H. Mansfield, the sum of Two Thousand Dollars, of bank stock, now in the Third National Bank, of Cincinnati, Ohio, and the farm owned by myself, in the township of Iowa, consisting of one hundred and sixty acres, with all the houses, tenements and improvements thereunto belonging; to have and to hold unto my said son, his heirs and assigns forever.
Second. I give, devise and beqneath to each of my two daughters, Anna Louise Mansfield and Ida Clara Mansfield, eacli Two Thousand Dollars, in bank stock, in the Third National Bank of Cincinnati, Ohio; and also each one quarter section of land, owned by myself, situated in the township of Fairfield, and recorded in my name in the recorder's office in the county where snch land is located. The north one hundred and sixty acres of said half section is devised to my eldest daughter, Anna Louise.
Third. I give, devise and bequeath to my son, Frank Alfred Mansfield, five shares of railroad stock in the Baltimore & Ohio Railroad, and my one liundred and sixty acres of land, and saw-mill thereon, situated in Manistee, Michigan, with all the improvements and appartenances thereunto belong- ing, which said real estate is recorded in my name, in the county where situated.
Fourth. I give to my wife, Victoria Elizabeth Mansfield, all my house- hold furniture, goods, chattels and personal property, about my home, not hitherto disposed of, including Eight Thousand Dollars of bank stock in the Third National Bank of Cincinnati, Ohio, fifteen shares in the Balti- more & Ohio Railroad, and the free and unrestricted use, possession and benefit of the home farm so long as she may live, in lieu of dower, to which she is entitled by law-said farm being my present place of residence.
Fifth. I bequeath to my invalid father, Elijah H. Mansfield, the income from rents of my store building at 145 Jackson street, Chicago, Illinois, during the term of his natural life. Said building and land therewith to revert to my said sons and daughters in equal proportion, upon the demise of my said father.
Sixth. It is also my will and desire that, at the death of my wife, Vic- toria Elizabeth Mansfield, or at any time when she may arrange to relin- quish her life interest in the above mentioned homestead, the same may re- vert to my above named children, or to the lawful heirs of each.
And lastly. I nominate and appoint as the executors of this, my last will and testament, my wife, Victoria Elizabeth Mansfield, and my eldest son, Sidney H. Mansfield.
I further direct that my debts and necessary funeral expenses shall be paid from moneys now on deposit in the Savings Bank of Bellevue, the residue of such moneys to revert to my wife, Victoria Elizabeth Mansfield, for her use forever.
In witness whereof, I, Charles Mansfield, to this my last will and testa- ment, have hereunto set my hand and seal, this fourth day of April, eight- een hundred and seventy-two.
CHARLES MANSFIELD.
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ABSTRACT OF THE LAWS OF IOWA.
Signed, and declared by Charles Mansfield, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other, have subscribed our names hereunto as witnesses thereof.
PETER A. SCHENCK, Dubuque, Iowa. FRANK E. DENT, Bellevue, Iowa.
CODICIL.
WHEREAS I, Charles Mansfield, did, on the fourth day of April, one thousand eight hundred and seventy-two, make my last will and testament, I do now, by this writing, add this codocil to my said will, to be taken as a part thereof.
WHEREAS, by the dispensation of Providence, my daughter, Anna Louise, has deceased, November fifth, eighteen hundred and seventy-three; and whereas, a son has been born to me, which son is now christened Richard Albert Mansfield, I give and bequeath nuto him my gold watch, and all right, interest and title in lands and bank stock and chattels bequeathed to my deceased daughter, Anna Lonise, in the body of this will.
In witness whereof, I hereunto place my hand and seal, this tenth day of March, eighteen hundred and seventy-five.
CHARLES MANSFIELD.
Signed, sealed, published and declared to us by the testator, Charles Mansfield, as and for a codicil to be annexed to his last will and testament. And we, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto, at the date hereof. FRANK E. DENT, Bellevue, Iowa. JOHN C. SHAY, Bellevue, Iowa.
(Form No. 1.)
SATISFACTION OF MORTGAGE.
STATE OF IOWA, County, SS.
I, -, of the county of - -, State of Iowa, do hereby acknowledge that a certain Indenture of -, bearing date the - day of -, A. D.
18-, made and executed by and -, his wife, to said --- on the following described Real Estate, in the county of -- , and State of Iowa, to-wit: (here insert description) and filed for record in the office of the Recorder of the county of -, and State of Iowa, on the - day of , A. D. 18-, at - o'clock . M .; and recorded in Book - of Mortgage Records, on page -, is redeemed, paid off, satisfied and dis- charged in full. [SEAL.]
STATE OF IOWA, SS. County,
Be it Remembered, That on this - day of-, A. D. 18-, before me the undersigned, a -- in and for said county, personally appeared , to me personally known to be the identical person who executed the above (satisfaction of mortgage) as grantor, and acknowledged - signature thereto to be voluntary act and deed.
Witness my hand and - --- seal, the day and year last above written.
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ABSTRACT OF THE LAWS OF IOWA.
ONE FORM OF REAL ESTATE 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 premises, situated in the county of - -, and State of -, to-wit: (here insert description) and - do hereby covenant with the said - that - lawfully seized of said premises, that they are free from incumbrance, that -- have good right and lawful authority to sell and convey the same; and -- do hereby covenant to warrant and defend the same against the lawful claims of all persons whomsoever. To. be void upon condition that the said -shall pay the full amount of principal and interest at the time therein specified, of - certain promis- sory note 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.
And the said Mortgagee agrees to pay all taxes that may be levied upon . the above described premises. It is also agreed by the Mortgagor that if it becomes necessary to foreclose this mortgage, a reasonable amount shall be allowed as an attorney's fee for foreclosing. And the said - hereby relinquishes all her right of dower and homestead in and to the above de- scribed premises.
Signed this -- day of -, A. D. 18 -.
[Acknowledge as in Form No. 1.]
SECOND FORM OF REAL ESTATE MORTGAGE.
THIS INDENTURE, made and executed -- by and between of the county of - and State of -, part of the first part, and - of the county of - and State of -- part of the second part, Witnesseth, that the said part of the first part, for and in consideration of the sum of dollars, paid by the said part of the second part, the receipt of which is hereby acknowledged, have granted and sold, and do by these presents, grant, bargain, sell, convey and confirm, unto the said party of the second part, - heirs and assigns forever, the certain tract or parcel of real estate, sit- uated in the county of - and State of -- , described as follows, to-wit: (Here insert description.)
The said part of the first part represent to and covenant with the part of the second part, that he have good right to sell and convey said prem- ises, that they are free from incumbrance, and that he will warrant and de- fend them against the lawful claims of all persons whomsoever, and do ex- pressly hereby release all rights of dower in and to said premises, and relin- quish and convey all rights of homestead therein.
This instrument is made, executed and delivered upon the following con- ditions, to-wit:
First. Said first part agree to pay said -- or order
Second. Said first part further agree as is stipulated in said note, that
1
214
ABSTRACT OF THE LAWS OF IOWA.
if he shall fail to pay any of said interest when dne, it shall bear interest at the rate of ten per cent. per annum, from the time the same becomes due, and this mortgage shall stand security for the same.
Third. Said first part further agree that he will pay all taxes and assessments levied upon said real estate before the same become delinquent, and if not paid the holder of this mortgage may declare the whole sum of money herein secured due and collectable at once, or he may elect to pay such taxes or assessments, and be entitled to interest on the same at the rate of ten per cent. per annum, and this mortgage shall stand as security for the amount so paid.
Fourth. Said first part further agree that if he fail to pay any of said money, either principal or interest, within - days after the saine becomes due; or fail to conform or comply with any of the foregoing con- ditions or agreements, the whole sum herein secured shall become duc and payable at once, and this mortgage may thereupon be foreclosed. immedi- ately for the whole of said money, interest and costs.
Fifth. Said part further agree that in the event of the non-payment of either principal, interest or taxes when due, and upon the filing of a bill of foreclosure of this mortgage, an attorney's fee of - dollars shall be- come dne and payable, and shall be by the court taxed, and this mortgage shall stand as security therefor, and the same shall be included in the de- . cree of foreclosure, and shall be made by the sheriff on general or special execution with the other money, interest and costs, and the contract em- bodied in this mortgage and the note described herein, shall in all respects be governed, construed and adjudged by the laws of -, where the same is made. The foregoing conditions being performed, this conveyance to be void, otherwise of full force and virtue.
1
,
[Acknowledge as in form No. 1.]
FORM OF LEASE.
THIS ARTICLE OF AGREEMENT, Made and entered into on this - day of , A. D. 187-, by and between- of the county of -, and State of Iowa, of the first part, and - , of the county of - and State of Iowa, of the second part, witnesseth that the said party of the first part has this day leased unto the party of the second part the following described premises, to-wit:
[Here insert description.]
for the term of from and after the - day of -, A. D. 187-, at
the --- rent of - dollars, to 'be paid as follows, to-wit :
[Here insert terms.]
And it is further agreed that if any rent shall be due and unpaid, or if default be made in any of the covenants herein contained, it shall then be lawful for the said party of the first part to re-enter said premises, or to destrain for such rent; or he may recover possession thereof, by action of forcible entry and detainer, notwithstanding the provision of Section 3612 of the Code of 1873; or he may use any or all of said remedies.
And the said party of the second part agrees to pay to the party of the first part the rent as above stated, except when said premises are untenable -
215
ABSTRACT OF THE LAWS OF IOWA.
¥
by reason of fire, or from any other canse than the carelessness of the party of the second part, or persons - family, or in - employ, or by supe- rior force and inevitable necessity. And the said party of the second part covenants that - will use the said premises as a - -, and for no other purposes whatever; and that -- especially will not use said premises, or permit the same to be used, for any unlawful business or purpose whatever; that -- will not sell, assign, underlet or relinquish said premises without the written consent of the lessor, under penalty of a forfeiture of all rights under this lease, at the election of the party of the first part; and that - will use all due care and diligence in guarding said property, with the buildings, gates, fences, etc., in as good repair as they now are, or may at any time be placed by the lessor, damages by superior force, inevitable necessity, or fire from any other cause than from the carelessness of the lessee, or persons of - family, or in -- employ excepted; and at the expiration of this lease, or upon a breach by said lessee of any of the said covenants herein contained, --- will, without further notice of any kind, quit and surrender the possession and occupancy of said premises in as good condition as reasonable use, natural wear and decay thereof will permit, dam- ages by fire as aforesaid, superior force, or inevitable necessity, only excepted. In witness whereof the said parties have subscribed their names on the date first above written.
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