USA > Missouri > Lafayette County > History of Lafayette county, Mo. , carefully written and compiled from the most authentic official and private sources, including a history of its townships, cities, towns, and villages > Part 22
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* [This deed of quit-claim being made in release of, and satisfaction for a certain deed .... dated the .. day of .... , 18 ..; recorded in the recor- der's office, within and for the county of .... aforesaid, in deed book .. , at pages ... . ]
To have and to hold the same, with all the rights, immunities, privileges and appurtenances thereto belonging, unto the said part of the second part, and .... heirs and assigns, forever; so that neither the said part of the first part nor .... heirs, nor any other person or persons for .... or in .... name or behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises, or any part thereof, but they and every of them shall, by these presents, be excluded and forever barred.
In witness whereof, That said part of the first part ha hereunto set .... hand and seal , the day and year first above written.
Signed, sealed and delivered in presence of us.
[SEAL]
[SEAL]
[Acknowledgment same as in General Warranty Deed.]
MORTGAGE DEED.
Know all men by these presents, that, .... of the county of .... , in the state of .... for and in consideration of the sum of .... dollars, to the said .... in hand paid by .... of the county of .... in the state of .... ha ..
* Omit this clause in case this deed is not made in release of some other instrument.
.
189
ABSTRACT OF MISSOURI STATE LAWS.
granted, bargained and sold, and by these presents do .. grant, bargain and sell, unto the said .... the following described .... situated in the county of .... in the state of .... that is to say:
[Give description of property.]
To have and to hold the property and premises hereby conveyed, with all the rights, privileges and appurtenances thereunto belonging, or in anywise appertaining, unto said .... heirs and assigns forever; upon this express condition, whereas, the said .... on the .... day of .... A. D. one thousand eight hundred and .... made, executed and delivered to the said . certain .... described as follows, to-wit:
[Give description of notes, time of payment, etc.]
Now, if the said .... executor or administrator, shall pay the sum of money specified in said .... and all the interest that may be due thereon, according to the tenor and effect of said .... then this conveyance shall be void, otherwise it shall remain in full force and virtue in law.
In witness whereof, .... , the said grantor .... and mortgagor .... ha .. hereunto subscribed. .. name .... and affixed .... seal .... this .... day of . .. , A. D. 18. . .
.[SEAL.]
. [SEAL.]
[Acknowledgment same as General Warranty Deed.]
CHATTEL MORTGAGE.
Know all men by these presents, That .... of the. county of .... , and state of .... , in consideration of the sum of .... 100 dollars, to .... paid by .... of the county of .... and state of .... do sell and convey to said .... the following goods and chattels, to-wit:
[Here describe goods.]
Warranted free of incumbrances, and against any adverse claims:
Upon condition, That .... pay to the said .... the sum of .... 100 dollars, and interest, agreeably to .... note .. dated on the .... day of .... , 18 .. , and made payable to the said .... as follows, to-wit :.... then this deed shall be void, otherwise it shall remain in full force and effect.
The parties hereto agree That, until condition broken, said property may remain in possession of .... but after condition broken, the said .... may at .... pleasure take and remove the same, and may enter into any building or premises of the said .... for that purpose.
Witness our hands and seals, this .... day of ... A. D. 18 ..
Signed, sealed and delivered in presence of us.
[SEAL.] STATE OF MISSOURI, } s. · [SEAL.] County of- -
Be it remembered, That on the .... day of .... A. D. 18 .. , before the undersigned, a .... within and for the county aforesaid, personally came
190
ABSTRACT OF MISSOURI STATE LAWS.
.... who .... personally known to me to be the same person .... whose name .... subscribed to the foregoing chattel mortgage as part .... thereto, and acknowledged the same to be .... act and deed for the uses and purposes therein mentioned.
In testimony whereof, I have hereunto subscribed my name and affixed my .... seal, at my office in .... in said county, the day and year afore- said. My term of office as notary public will expire on the ... day of ... . 18 ..
HOUSE LEASE.
This article of agreement witnesseth, That .... ha. . this day rented to .in the present condition thereof, the .... for the period of .... from the ...... day ...... 18 .. , on the following terms and conditions, to-wit: For the use and rent thereof, the said. ... hereby promise .. to pay said .... or to .... order .... dollars, per .... for the whole time above stated, . and to pay the same ..... at the ..... of each .....; that ..... will not sub-let or allow any other tenant to come in with or under .... without the written consent of said ....; that .... will repair all injuries or dam-' ages done to the premises by him or them during .... occupancy, or pay for the same; that all of .... property, whether subject to legal exemption or not, shall be bound, and subject to the payment of rents and damages thereof; that .... will take good care of the buildings and premises and keep them free from filth, from danger of fire or any nuisance and from all uses forbidden in any fire insurance policy issued thereon, .... and pro- tect, defend and indemnify the said .... from all damages .... and charges for such, that the houses and premises shall be kept clean, fairly treated and left so; that in default of the payment of any .... installment of rent for .... day .. after the same becomes due, .... will, at the request of the said .... quit and render to .... the peaceable possession thereof; but, for this cause, the obligation to pay shall not cease, and, finally at the end of . term .... will surrender to said .... heirs or assigns, the peaceable possession of the said house and premises, with all the keys, bolts, latches and repairs, if any, in as good condition as .... received the same, the usual wear and use and providential destruction or destruction by fire excepted.
In witness whereof, the parties have set .... hand .... and seal .... to .... cop .. hereof to be retained by ....
Dated this .... day of .... 18 ..
. [SEAL.]
MECHANICS' LIENS.
Every mechanic or other person who shall do or perform any work or labor upon, or furnish any materials, fixtures, engine, boiler or machinery for any building, erection or improvements upon land, or for repairing the
191
ABSTRACT OF MISSOURI STATE LAWS.
same under or by virtue of any contract with the owner or proprietor, or his agent, trustee, contractor or sub-contractor, shall be entitled to a lien upon such building, erection, or improvement, and upon the land belong- ing to such owner or proprietor on which the same are situated. The original contractor must within six months, and every journeyman and day laborer within thirty days, and of every other person seeking to obtain the benefit of the provisions of this chapter, within four months after the indebtedness shall have accrued, file with the clerk of the cir- cuit court of the proper county, a just and true account of the demand due him or them, after all just credits have been given, which is to be a lien upon such building or improvement, and a true description of the property or so near as to identify the same upon which the lien is intended to apply, with the name of the owner or contractor, or both, if known to be the person filing the lien which shall in all cases be verified by the oath of himself or some credible person for him.
Every person except the original contractor, who may wish to avail himself of the benefits of the provisions of this chapter, shall give ten days notice before filing of the lien as herein required, to the owner, owners, or agent, or either of them, that he or they hold a claim against such build- ing or improvements, setting forth the amount and from whom the same is due.
All mechanics' lien holders shall stand on equal footing, without refer- ence to date of filing, and upon sale of property they shall take pro rata on the respective liens.
We only attempt to give an outline of the law of mechanics' liens to aid the general business man. Should any complicated questions arise, it is best to consult an attorney in regard to the same.
MECHANIC'S LIEN.
Now, at this day, come .... and with a view to avail .... of the benefit of the statute relating to mechanics' liens, file .. the account below set forth for work and labor done, and materials furnished by .... under contract with .... upon, to and for the buildings and improvements described as follows, to-wit:
(Give description of buildings.)
and situated on the following described premises, to-wit:
(Give description of the property upon which the building is erected.) said premise, buildings, and improvements, belonging to and being owned by .... which said account, the same being hereby filed, in order that it may constitute a lien upon the buildings, improvements, and prem- ises above described, is as follows:
[Set the account out in full.]
State of Missouri, county of .... , ss., ... . being duly sworn, on his oath says that the foregoing is a just and true account of the demand due
192
ABSTRACT OF MISSOURI STATE LAWS.
for work and labor done, and materials furnished by .... upon, to and for the buildings and improvements hereinbefore described, after all just credits have been given; that said work and labor were done, and said materials furnished upon, to and for said buildings and improvements by .... at the instance and request of, and under contract with ...... that the foregoing description is a true description of the property upon, to and for which said materials were furnished, and said work and labor done, and to which this lien is intended to apply, or so near as to identify the same; that said demand accrued within months prior to the filing of this lien, and that on the ..... day of ..... , 18 .. , and at least ten days prior to the filing of this lien .... gave notice to of his claim against the amount thereof, from whom due, and of .... intention to file a lien therefor; that said ..... as affiant is informed and believes, the owner .. of the above described premises, and the buildings and improvements thereon, which said premises, buildings, and improvements are intended to be charged with this lien.
Subscribed and sworn to before me this . day of . .. .. ,18 ..
BILL OF SALE OF GOODS.
Know all men by these presents, that .... of .... for and in considera- tion of the sum of .... dollars to .. in hand paid by .... of .... the receipt whereof .. do hereby acknowledge, by these presents do bargain and sell unto the said .. .. all the goods, household stuff, implements and furniture, and all other goods and chattels whatsoever mentioned in the schedule hereunto annexed: To have and to hold all and singular the said goods, household stuff, and furniture, and other premises above bar- gained and sold or intended so to be, to the said .... and .. assigns for- · ever. And .... the said .... for .... and .. heirs, all and singular, the goods and chattels of whatever description, unto the said .... and .. assigns against .... the said .... and against all and every other person and persons whomsoever, shall and will warrant and forever defend by these presents. Of all and singular which said goods, chattels, and property, .... the said .... have put the said .... in full pos- session by delivery to .. , the said .... one .... at the sealing and delivery of these presents, in the name of the whole premises hereby bargained and sold, or mentioned, or intended so to be unto .. , the said .... as aforesaid.
In witness whereof, .. have hereunto set .. hand .. and affixed .. seal this .... day .... A. D. 18 ..
Signed, sealed and delivered in presence of . [L. s.]
NOTE .- If the bill of sale is to be recorded in the county recorder's office, it must be acknowledged before some officer authorized· to take acknowledgment of deeds-other- wise not.
193
ABSTRACT OF MISSOURI STATE LAWS.
STATE OF MISSOURI, SS.
County of .. .
Be it remembered, that on this .... day of .... , A. D.18 .. , before the undersigned, a .... within and for the county of .... and state of Mis- souri, personally came .... who .. personally known to me to be the same person .. whose name .. subscribed to the foregoing instrument of writing, as part .. thereto, and acknowledged the same to be .. voluntary act and deed for the purposes therein mentioned.
In testimony whereof, I have hereunto set my hand and affixed my official seal, at my office in . the day and year above written.
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; fb for pounds, and bbl. for barrels; + for per or by the. Thus, butter sells at 20@30c + tb, and flour at $8@12 } bbl. % for per cent., and # for number.
May 1. Wheat sells at $1.20@$1.25, " seller June." Seller fune 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 called " 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 time, expecting 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.
ORDERS.
Orders should be worded simply, thus:
Mr. F. H. COATS:
ST. LOUIS, Sept. 15, 1876.
Please pay to H. Birdsall twenty-five dollars, and charge to F. D. SILVA.
RECEIPTS.
Receipts should always state when received and what for, thus: 13
194
ABSTRACT OF MISSOURI STATE LAWS.
$100. ST. LOUIS, Sept. 15, 1876.
Reeived of J. W. Davis, one hundred dollars, for services rendered in grading his lot in Sedalia, on account.
THOMAS BRADY.
If receipt is in full, it should be so stated.
BILLS OF PURCHASE.
W. N. MASON, MARSHALL, Missouri, 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.
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 misunder- standings 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 reasonable consideration.
GENERAL FORM OF AGREEMENT.
This agreement, made the second day of June, 1878, between John Jones, of Marshall, county of Saline, state of Missouri, of the first part, and Thomas Whitesides, of the same place, of the second part-
WITNESSETH, That the said John Jones, in consideration of the agree- ment 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 Slater, Missouri, during the month of November, of this year, one hundred tons of prairie hay, in the fol- lowing 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 hundred tons to be all delivered by the thirtieth of November.
And the said Thomas Whitsides, in consideration of the prompt fulfill- ment 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.
195
ABSTRACT OF MISSOURI STATE LAWS.
AGREEMENT WITH CLERK FOR SERVICES.
This agreement, made the first day of May, one thousand eight hun- dred and seventy-eight, between Reuben Stone, of Marshall, county of Saline, State of Missouri, party of the first part, and George Barclay, of Sedalia, county of Pettis, state of Missouri, party of the second part-
WITNESSETH, That 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 Marshall, 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 Bar- clay, 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.
PRACTICAL RULES FOR EVERY DAY. USE.
How to find the gain or loss per cent. when the cost and selling price are given.
RULE .- Find the difference between the cost and selling price, which will be the gain or loss.
Annex two ciphers to the gain or loss, and divide it by the cost price; the result will be the gain or loss per cent.
How to change gold into currency.
RULE .- Multiply the given sum of gold by the price of gold.
How to change currency into gold.
. Divide the amount of currency by the price of gold.
How to find each partner's share of the gain or loss in a copartnership business.
RULE .- Divide the whole gain or loss by the entire stock, the quotient will be the gain or loss per cent.
Multiply each partner's stock by this per cent., the result will be each one's share of the gain or loss.
How to find gross and net weight and price of hogs.
A short and simple method for finding the net weight, or price of hogs, when the gross weight or price is given, and vice versa.
NOTE .- It is generally assumed that the gross weight of hogs diminished by 1-5 or 20 per cent. of itself gives the net weight, and the net weight increased by }{ or 25 per cent. of itself equals the gross weight.
To find the net weight or gross price.
Multiply the given number by .8 (tenths.)
To find the gross weight or net price.
Divide the given number by .8 (tenths.)
How to find the capacity of a granary, bin, or wagon-bed.
RULE .- Multiply (by short method) the number of cubic feet by 6308, and point off ONE decimal place -the result will be the correct answer in bushels and tenths of a bushel.
For only an approximate answer, multiply the cubic feet by 8, and point off one decimal place.
How to find the contents of a corn-crib.
RULE .- Multiply the number of cubic feet by 54, short method, or by 4} ordinary method, and point off ONE decimal place-the result will be the answer in bushels.
NOTE -In estimating corn in the ear, quality and the time it has been cribbed must be taken into consideration, since corn will shrink considerably during the winter and spring. This rule generally holds good for corn measured at the time it is cribbed, provided it is sound and clean.
197
PRACTICAL RULES FOR EVERY DAY USE., ? 5
How to find the contents of a cistern or tank. 1.
RULE .-- Multiply the square of the mean diameter by the depth (all in feet) and this product by 5681 (short method), and point of ONE decimal place-the result will be the contents in barrels of 312 gallons.
How to find the contents of a barrel or cask.
RULE .- Under the square of the mean diameter, write the length (all in inches) in REVERSED order, so that its UNITS will fall under the TENS; multiply by short method, and this product again by 430; point off one decimal place, and the result will be the answer in wine gallons.
. How to measure boards.
RULE .- Multiply the length (in feet) by the width (in inches) and divide the product by 12-the result will be the contents in square feet.
How to measure scantlings, joists, planks, sills, etc.
RULE .- Multiply the width, the thickness, and the length together; (the width and thickness in inches, and the length in feet), and divide, the product by 12-the result will be square feet.
How to find the number of acres in a body of land.
· RULE .- Multiply the length by the width (in rods) and divide the pro. duct by 160 (carrying the division to 2 decimal places if there is a remain- der); the result will be the answer in acres and hundredths.
When the opposite sides of a piece of land are of unequal length, add them together and take one-half for the mean length or width.
How to find the number of square yards in a floor or wall.
RULE .- Multiply the length by the width or height (in feet), and divide the product by 9, the result will be square yards.
How to find the number of bricks required in a building.
RULE .- Multiply the number of cubic feet by 22}.
The number of cubic feet is found by multiplying the length, height and thickness (in feet) together.
Bricks are usually made 8 inches long, 4 inches wide, and two inches thick; hence, it requires 27 bricks to make a cubic foot without .mortar, but it is generally assumed that the mortar fills 1-6 of the space.
How to find the number of shingles required in a roof.
RULE .- Multiply the number of square feet in the roof by 8, if the shingles are exposed 42 inches, or by 7 1-5 if exposed 5 inches.
To find the number of square feet, multiply the length of the roof by twice the length of the rafters.
To find the length of the rafters, at ONE-FOURTH pitch, multiply the width of the building by .56 (hundredths); at ONE-THIRD pitch by .6 (tenths); at TWO-FIFTHS pitch, by .64 (hundredths); at ONE-HALF pitch, by .71 (hundredths). This gives the length of the rafters from the apex to the end of the wall, and whatever they are to project must be taken into consideration.
198
PRACTICAL RULES FOR EVERY DAY USE.
NOTE .- By 1 or 23 pitch is meant that the apex or comb of the roof is to be } or X the width of the building higher than the walls or base of the rafters.
How to reckon the cost of hay.
RULE .- Multiply the number of pounds by half the price per ton, and remove the decimal point three places to the left.
How to measure grain.
RULE .- Level the grain; ascertain the space it occupies in cubic feet; multiply the number of cubic feet by 8, and point off one place to the left.
NOTE .- Exactness requires the addition, to every three hundred bushels, of one extra bushel.
The foregoing rule may be used for finding the number of gallons, by multiplying the number of bushels by 8.
If the corn in the box is in the ear, divide the answer by 2 to find the number of bushels of shelled corn, because it requires 2 bushels of ear corn'to make 1 of shelled corn.
Rapid rules for measuring land without instruments.
In measuring land, the first thing to ascertain is the contents of any given plot in square yards; then, given the number of yards, find out the number of rods and acres.
1
The most ancient and simplest measure of distance is a step. Now, an ordinary-sized man can train himself to cover one yard at a stride, on the average, with sufficient accuracy for ordinary purposes.
To make use of this means of measuring distances, it is essential to walk in a straight line; to do this, fix the eye on two objects in a line stright ahead, one comparatively near, the other remote; and, in walking, keep these objects constantly in line.
Farmers and others by adopting the following simple and ingenious con- trivance, may always carry with them the scale to construct a correct yard measure.
Take a foot rule, and commencing at the base of the little finger of the left hand, mark the quarters of the foot on the outer borders of the left arm, pricking in the marks with indelible ink.
To find how many rods in length will make an acre, the width being given.
RULE .- Divide 160 by the width, and the quotient will be the answer.
How to find the number of acres in any plot of land, the number of rods being given.
.
RULE .- Divide the number of rods by 8, multiply the quotient by 5, and remove the decimal point two places to the left.
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