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 28
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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 intesest 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 witliin -- days after due, the whole sum, principal and interest, shall be- come dne at once
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.
216
ABSTRACT OF THE LAWS OF IOWA.
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 relinquishes 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.]
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 ac- knowledge, 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 fol- lowing described premises, to-wit: [here insert description] with all and singular the hereditaments and appartenances thereto belonging.
Signed this - day of -- , A. D. 18 -.
SIGNED IN PRESENCE OF
[Acknowledged as in Form No. 1.]
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ABSTRACT OF THE LAWS OF IOWA.
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 liis assigns, the full amount of principal and interest at the time therein specified, of -- promissory note of even date herewith, for the sum of Dollars.
One note for $- -- , dne 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 obli- gor shall convey to the said obligee, or his assigns, that certain tract or par- cel of real estate, situated in the County of -, and State of Iowa, des- cribed as follows, to-wit: [here insert description] by a Warranty Deed, with the usnal 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 possession 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.
[Acknowledged as in form No. 1.]
GAME LAWS.
By the laws of Iowa, as amended by the Legislature of 1878, it is unlaw- ful to do any of the following acts:
BIRDS AND QUADRUPEDS.
1. To kill, trap, ensnare, or in any manner destroy any of the birds of the State, except birds of prey and game birds, during the open seasons as provided by law; or to destroy the eggs of such birds as are protected by this section-except that persons killing birds for scientific purposes, or preservation in museums and cabinets, are not liable under this section. Penalty, $5 to $25.
2. To shoot or kill any prairie chicken from Dec. 1 to Sept. 1, woodcock from Jan. 1 to July 10, pheasant, wild turkey or quail from Jan. 1 to Oct. 1, wild duck, snipe, goose or brant from May 1 to Aug. 15, deer or elk from Jan. 1 to Sept. 1, beaver, mink, otter or muskrat from April 1 to Novem- ber. Penalty, deer or elk, $25; the others, $10.
3. To take or attempt to take at any time with trap, net or snare any bird or animal mentioned in Sec. 2, or to willfully destroy the eggs or nests of such birds. Except that beaver, mink, otter or muskrat may be trapped
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ABSTRACT OF THE LAWS OF IOWA.
or snared during the open season, or at any time for the protection of pri- vate property. Penalty the same as in section 2.
4. To shoot or kill any wild duck, goose or brant with any kind of gun, except such as is commonly shot from the shoulder, or to use medicated or poisoned food to capture or kill any of the birds mentioned in section 2. Penalty, $25, and thirty days in jail unless sooner paid.
5. To shoot or kill for traffic any prairie chicken, snipe, woodcock, quail or pheasant at any time; for one person to kill during one day more than 25 of either kind of said birds; to ship or take out of the State any bird mentioned in section 2, deer or elk; to buy, sell, or have in possession any such bird, deer or elk during the close season, except the first five days. Pen- alty, deer or elk, $25; others, $10.
6. For any person, firm, or corporation to have in possession, at one time, more than twenty-five of either prairie chicken, snipe, woodcock, quail or pheasant, unless lawfully received for transportation; to ship to any per- son in the State in one day more than one dozen of the birds mentioned in section 2; and in case of shipment an affidavit must be made that the birds liave not been unlawfully killed, bought, sold, or had in possession, and are not shipped for sale or profit, and giving name and address of consignee and number of birds shipped, and a copy of the affidavit shall accompany the birds, etc. Penalty, same as in section 2. The making of a false affi- davit is perjury.
7. For any common carrier, its agent or servant, to knowingly receive for transportation any bird or animal mentioned in section two, during the close season (except the first five days), or at any other time, except in the manner provided by law. Penalty, $100 to $300, or 30 days in jail, or botlı.
8. The having in possession during the close season, except the first five days, of any bird mentioned in section 2, deer or elk, is prima facie evidence of a violation of the law.
9. Prosecutions, except under section 1, may be brought in any county where the game is found, and the court shall appoint an attorney to prose- cute, who shall be entitled to a fee of $10; and the person filing the infor- mation to a fee equal to half the fine imposed on the defendant; both fees to be taxed as costs. The county is, however, in no event liable for either.
FISH AND FISH WAYS.
10. To catch or kill bass or wall-eyed pike from April 1 to June 1; sal- mon or tront from November 1 to February 1. Penalty, $5 to $25.
11. To use any seine or net for the purpose of catching fish, except native minnows, and except by the fish commissioner for propagation and exchange. Penalty, $5 to $50 for first offense; $20 to $50 for second.
12. To place across any river, creek, pond or lake, any trot line, dam, seine, weir, fish-dam, or other obstruction, in such manner as to prevent the free passage of fish, except under the direction of the fish commissioner, and except dams for manufacturing purposes provided with fish-ways. Penalty, $25 to $100, or 10 to 30 days in jail.
13. To continue any damn or obstruction heretofore erected, for an unrea- sonable length of time, after the 6th day of April, 1878, without having fish-ways provided therein. Penalty, $5 to $50 for first offense; $20 to $50 for the second, and the dam abated as a nuisance.
219
ABSTRACT OF THE LAWS OF IOWA.
14. Persons raising or propagating fish on their own premises, or own- ing premises on which there are waters having no natural ontlet, supplied with fish, shall absolutely own said fish. No person shall take, or attempt to take, fish therefrom without consent of the owner. Penalty, $5 to $25, or 30 days in jail.
The "close" season is when killing is forbidden; the " open " season is when it is not.
PURCHASING BOOKS BY SUBSCRIPTION.
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 possi- ble, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the follow- ing 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 consideration 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 pro- spectus 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 exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commis- sion for each subscriber, and has no authority to change or alter the con- ditions 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 principal, the sub- scriber should see that such condition or changes are stated over or in con- nection 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 canvassers. 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 pre- judice of their principal, nor can they bind their principal in any other inatter. 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 instru- ment, would examine carefully what it is; and if they cannot read them- selves call on some one disinterested who can.
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CONSTITUTION OF STATE OF IOWA.
We, the People of the State of Iowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a con- tinuation of those blessings, do ordain and establish a free and independ- ent government, by the name of the State of Iowa, the boundaries whereof shall be as follows:
Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth of the main channel of the Des Moines river; thence up the middle of the main channel of the said Des Moines river, to a point on said river where the northern boundary line of the State of Missouri-as established by the Constitution of that State, adopted June 12, 1820-crosses the said middle of the main channel of the said Des Moines river; thence westwardly along the said northern boundary line of the State of Missouri, as established at the time aforesaid, until an extension of said line intersects the middle of the main channel of the. Missouri river; thence up the middle of the main channel of the said Missouri river, to a point opposite the middle of the main channel of the Big Sioux river, according to Nicollett's map; thence up the main channel of the said Big Sioux river, according to said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east along said parallel of forty-three degrees and thirty minutes, until said par- allel intersects the middle of the main channel of the Mississippi river; thence . down the middle of the main channel of said Mississippi river, to the place of beginning.
ARTICLE 1 .- BILL OF RIGHTS.
SECTION 1. All men are, by nature, free and equal, and have certain in- alienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.
SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the pub- lic good may require it.
SEC. 3. The General Assembly shall make no law respecting an estab- ment of religion, or prohibiting the free exercise thereof; nor shall any per- son be compelled to attend any place of worship, pay tithes, taxes, or other
221
CONSTITUTION OF THE STATE OF IOWA.
rates, for building or repairing places of worship, or the maintenance of any minister or ministry.
SEC. 4., No religious test shall be required as a qualification for any office of public trust, and no person shall be deprived of any of his rights, privileges, or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of re- ligion; and any party to any judicial proceeding shall have the right to use as a witness, or take the testimony of any other person, not disqualified on account of interest, who may be cognizant of any fact material to the case; and parties to suits may be witnesses, as provided by law.
SEO. 5. Any citizen of this State who may hereafter be engaged either directly or indirectly, in a duel, either as principal or accessory before the fact, shall forever be disqualified from holding any office under the Consti- tution of this State.
SEO. 6. All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen, or class of citizens, privi- leges or immunities, which upon the same terms shall not equally belong to all citizens.
SEC. 7. Every person' may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appear to the jury that the matter charged as libelons was tre, and was published with good motives and for justifiable ends, the party shall be acquitted.
SEC. 8. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.
SEC. 9 The right of trial by jury shall remain inviolate; but the Gen- eral Assembly may authorize trial by a jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, withont due process of law.
SEC. 10. In all criminal prosecutions, and in cases involving the life or liberty of an individual, the accused shall have a right to a speedy and pub- lic trial by an impartial jury; to be informed of the accusation against him; to have a copy of the same when demanded; to be confronted with the wit- nesses against him; to have compulsory process for his own witnesses; and to have tlie assistance of counsel.
SEC. 11. All offenses less than felony, and in which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a justice of the peace, or other officer authorized by law, on information under oath, without indictment, or the intervention of a grand jury, saving to the defendant the right of appeal; and no person shall be held to answer for a higher criminal offense, unless on presentment or indictment by a grand jury, except in cases arising in the army or navy, or in the militia, when in actual service, in time of war or public danger.
SEO. 12. No person shall, after acquittal, be tried for the same offense.
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CONSTITUTION OF THE STATE OF IOWA.
All persons shall, before convietion, be bailable by sufficient sureties, exeept for capital offenses, where the proof is evident, or the presumption great.
SEC. 13. The writ of habeas corpus shall not be suspended, or refused when application is made as required by law, unless in the ease of rebellion or invasion, the public safety may require it.
SEC. 14. The military shall be subordinate to the civil power. No standing army shall be kept up by the State in time of peace; and in time of war no appropriation for a standing army shall be for a longer time than two years.
SEC. 15. No soldier shall, in time of peace, be quartered in any honse without the consent of the owner, nor in time of war except in the manner prescribed by law.
SEC. 16. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. N person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court.
SEC. 17. Excessive bail shall not be required; excessive fines shall not be imposed, and ernel and unusual punishments shall not be inflicted.
SEC. 18. Private property shall not be taken for public use without just compensation first being made, or secured to be made, to the owner thereof, as soon as the damages shall be assessed by a jury, who shall not take into consideration any advantages that may result to said owner on account of the improvement for which it is taken.
SEC. 19. No person shall be imprisoned for debt in any eivil action, on mesne or final process, unless in case of fraud; and no person shall be im- prisoned for a military fine in time of peace.
SEC. 20. The people have the right freely to assemble together to coun- sel for the common good; to make known their opinions to their represen- tatives, and to petition for a redress of grievances.
SEC. 21. No bill of attainder, ex-post facto law, or law impairing the obligation of contracts, shall ever be passed.
SEC. 22. Foreigners who are, or may hereafter become residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and descent of property, as native born citizens.
SEC. 23. There shall be no slavery in this State; nor shall there be in- voluntary servitude. unless for the punishment of erime.
SEC. 24. No lease or grant of agricultural lands, reserving any rent or service of any kind, shall be valid for a longer period than twenty years.
SEC. 25. This enumeration of rights shall not be construed to impair or deny others, retained by the people.
ARTICLE 2 .-- RIGHT OF SUFFRAGE.
SECTION 1. Every male citizen of the United States, of the age of twenty- one years, who shall have been a resident of this State six months next pre- ceding the election, and in the county in which he claims his vote sixty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law.
SEC. 2. Electors shall, in all eases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such elections, going to and returning therefrom.
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CONSTITUTION OF THE STATE OF IOWA.
SEC. 3. No elector shall be obliged to perform military duty on the day of election, except in time of war or public danger.
SEO. 4. No person in the military, naval, or marine service of the United States shall be considered a resident of this State by being stationed in any garrison, barrack, or military or naval place or station within this State.
SEC. 5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privilege of an elector.
SEO. 6. All elections by the people shall be by ballot.
ARTICLE 3 .- OF THE DISTRIBUTION OF POWERS.
SECTION 1. The powers of the government of Iowa shall be divided into three separate departments: the legislative, the executive, and the judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any function appertaining to either of the others, except in cases hereinafter expressly directed or permitted.
LEGISLATIVE DEPARTMENT.
SECTION 1. The legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Represen- tatives; and the style of every law shall be-"Be it enacted by the General Assembly of the State of Iowa."
SEC. 2. The sessions of the General Assembly shall be biennial, and shall commence on the second Monday in January next ensuing the election of its members; unless the Governor of the State shall, in the meantime, convene the General Assembly by proclamation.
SEC. 3. The members of the House of Representatives shall be chosen every second year, by the qualified electors of their respective districts, on the second Tuesday in October, except the years of the Presidential elec- tion, when the election shall be on tlie Tuesday next after the first Monday in November; and their term of office shall commence on the first day of January next after their election, and continne two years, and until their successors are elected and qualified.
SEO. 4. No person shall be a member of the House of Representatives who shall not have attained the age of twenty-one years; be a free white male citizen of the United States, and shall have been an inhabitant of this State one year next preceding his election, and at the time of his election shall have had an actual residence of sixty days in the county or district he may have been chosen to represent.
SEO. 5. Senators shall be chosen for the term of four years, at the same time and place as Representatives; they shall be twenty-five years of age, and possess the qualifications of Representatives, as to residence and citi- zenship.
SEC. 6. The number of Senators shall not be less than one-third, nor more than one-half the representative body; and shall be so classified by lot, that one class being as nearly one-half as possible, shall be elected every two years. When the number of Senators is increased, they shall be an- nexed by lot to one or the other of the two classes, so as to keep them as nearly equal in numbers as practicable.
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