USA > Missouri > Linn County > The history of Linn county, Missouri. An encyclopedia of useful information > Part 15
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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this kind, or any other business, should remember that the law as written is, that they can not be altered, varied, or rescinded verbally, but if done at all, must be done in writing.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 prej- udice of their principal, nor can they bind their principal in any other manner. 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.
133
LAWS OF MISSOURI.
FORMS OF DEEDS, LEASES, MORTGAGES, ETC.
GENERAL FORM OF WILL FOR REAL AND PERSONAL PROPERTY.
I, James Johnson, of the town of Muncie, county of Delaware, and State of Indiana, being aware of the uncertainty of life, and in failing health, but of sound mind and memory, do make and declare this to be my last will and testament, in manner as follows; to-wit.,
First-I give, devise and bequeath to my son James Horace Johnson, $1,000 in bank stock, of the First National Bank of Boston, and the farm owned by myself, in the township of Washington, Shelby county, Mis- souri, and consisting of eighty acres of land with all the houses, tene- ments and improvements thereunto belonging, to have and to hold unto my said son, his heirs and assigns forever.
Second-I give, devise and bequeath to each of my two daughters, Ida Louisa Johnson and Annie May Johnson, each $1,000 in cash, and each one a quarter section of land owned by myself in the township of Jasper, Henry county, Illinois, and recorded in my name in the record of said county, where said land is located; the north 160 acres to go to Ida Louisa, my eldest daughter.
Third-I give, devise and bequeath to my son Thomas Alfred Johnson, ten shares of railroad stock in the Mississippi & Ohio Railroad, and my lot, with the residence thereon, in Dayton, Ohio, with all the improvements and appurtenances thereunto belonging, which said real estate is recorded in my name in the county where situated.
Fourth-1 give to my wife Samuella Richardson Johnson, all my house- hold furniture, goods, chattels and personal property about my home not hitherto disposed of, including $5,000 of bank stock, in the Merchants' National Bank of Toledo, Ohio, fifteen shares in the Mississippi & 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 en- titled by law, said farm being my present place of residence.
Fifth-It is also my will and desire that at the death of my wife, Sam- uella Richardson Johnson, or at any time when she may arrange to relin- quish her life interest in the above mentioned homestead, the same may revert to my above named children, or to the lawful heirs of each.
And lastly-I nominate and appoint as executors of this, my last will and testament, my wife, Samuella Richardson Johnson, and my eldest son, James Horace Johnson.
I further direct that my debts and necessary funeral expenses shall be paid from moneys now on deposit in the Savings Bank of Dayton, Ohio, the residue of such money to revert to my wife, Samuella Richardson Johnson, for her use forever.
134
LAWS OF MISSOURI.
In witness whereof, I, James Johnson, to this, my last will and testament, have hereunto set my hand and seal, this fourth day of December, 1876. JAMES JOHNSON.
Signed and declared by James Johnson as and for his last will and testa- ment, 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.
THOMAS DUGAN, Dayton, Ohio. ROCHESTER MCQUADE, Cincinnati, Ohio.
CODICIL.
WHEREAS, I, James Johnson, did, on the fourth day of December, 1876, make my last will and testament, I do now, by this writing, add this codicil to my said will, to be taken as a part thereof.
WHEREAS, By the dispensation of Providence, my daughter Ida Louisa has deceased, October 10th, 1877; and
WHEREAS, A son has been born to me, which son is now christened John Wesley Johnson, I give and bequeath unto him my gold watch, and all right, interest and title in lands, bank stock and chattels bequeathed to my deceased daughter, Ida Louisa, in the body of this will.
In witness whereof, I have hereunto set my hand and seal this 10th day of January, 1878.
JAMES JOHNSON.
Signed, sealed, published and declared to us by the testator, James Johnson, 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. THOS. DUGAN, Dayton, Ohio. CHARLES JACKSON, Cincinnati, Ohio.
FORM OF LEASE.
THIS ARTICLE OF AGREEMENT, made and entered into on this - day of A. D. 188-, by and between -, of the county of and State of Missouri, of the first part, and - -, of the county of -, and State of Missouri, 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. 188-, at the - rent of -- dollars, to be paid as follows; to-wit.,
[Here insert terms.]
135
LAWS OF MISSOURI.
And it is further agreed that if any rent shall be due or unpaid, or if de- fault be made in any of the covenants herein contained, it shall then be law- ful for the said party of the first part to re-enter the said premises, or to distrain for such rent; or he may recover possession thereof, by action of forcible entry and detainer, or he may use all or any of the remedies to effect such possession.
And the 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 untenantable by reason of fire, or from any other cause than the carelessness of the party of the second part, or persons - family, or in --- employ, or by su- perior force or inevitable necessity. And the said party of the second part covenants and agrees that - will use the said premises as a , and for no other purpose whatsoever; and that - especially will not use said premises, or permit the same to be used, for auy unlawful business or pur- poses whatsoever; that - will not sell, assign, underlet or relinquish said premises without the written consent of the lessor, under a penalty of a for- feiture of all - rights under this lease, at the election of the party of the first part; and that - use all due care and diligence in guarding said property, with the buildings, gates, fences, trees, vines, shrubbery, etc., from damages by fire and the depredation by animals; that - will keep build- ings, 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 lessor, or per- sons of - family, or in - employ, excepted; and that upon the expira- tion of this lease, or upon a breach by said lessee of any of the said cove- nants herein contained - will, without further notice of any kind, quit and surrender the occupancy and possession of said premises in as good condition as reasonable use, natural wear and decay thereof will permit, damages by fire as aforesaid, superior force, or inevitable necessity, alone excepted.
In witness whereof, the said parties have subscribed their names on the date first above written
SIGNED IN PRESENCE 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
136
LAWS OF MISSOURI.
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 the condition that the said shall pay the full amount of principal and interest at the time therein spec- ified, of - certain promissory notes, 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 the said mortgagor 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 - hereby relin- quishes all her right of dower and homestead in and to the above described premises.'
Signed the - - day of -- , A. D. 18 -.
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 of -, 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 the said property being the right of redemption herein provided. This con- veyance 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.
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 grantor 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 expenses of such foreclosure, including $- attorney's fees, and whatever remains after pay- ing off said notes and expenses, to be paid over to said grantor.
Signed the - day of -, 18 -.
137
LAWS OF MISSOURI.
QUITCLAIM DEED.
KNOW ALL MEN BY THESE PRESENTS: That , of - county, State of -, in consideration of - dollars, to - in hand paid by - , of - county, and State of -, the receipt whereof - do hereby acknowledge, have bargained, sold and quitclaimed, and by these presents do bargain, sell and quitclaim unto the said -, and to -- heirs and assigns forever, all - right, title and interest, estate, claim and demand, both in law and in equity, and as well in possession as in expect- ancy, of, in and to the following described premises; to-wit.,
[Here. insert description.]
With all and singular the hereditaments and appurtenances thereto be- longing.
Signed this - day of-, A. D. 18-
SIGNED IN PRESENCE OF
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 Missouri; to-wit.,
[Here insert description.]
And - do hereby covenant with the said -- that - a- law- fully seized in fee simple of said premises, that they are free from incum- brance; that - ha- good right and lawful authority to sell the same, and - do hereby covenant to warrant and defend said premises, and ap- purtenances 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 -.
SIGNED IN PRESENCE OF
ACKNOWLEDGMENT.
All forms of deeds, mortgages, or bond for deed, shall have the following form of acknowledgment:
138
LAWS OF MISSOURI.
STATE OF MISSOURI, COUNTY OF-
ss.
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 (deed, mortgage, etc.,) as -- and acknowledged - signature thereto to be - voluntary act and deed.
Witness my hand and - seal, the day and year last above written.
NOTES.
Form of note is legal, worded in the simplest way, so that the amount and time of payment are mentioned:
$100. NEW YORK, Sept. 1, 1881.
Sixty days after date I promise to pay to John Doe, or order, one hun- dred dollars, for value received, with interest.
RICHARD ROE.
A note to be payable in anything else but money, needs only the article substituted in the above form. " With interest," means at the legal rate, and any other rate must be mentioned, or if no interest is to be paid until after the maturity of the note it should be so stated.
ORDERS.
Orders should be simply worded:
Mr. D. HI. WATERS,
ST. LOUIS, Mo., January 2, 1881.
Please pay J. Walker twenty-five dollars and charge to account of
J. TURNER.
If it is to be paid in trade it should be so expressed after the word dol- lars.
RECEIPTS.
Receipts should state when received and for what; thus: '
$100.
ST. LOUIS, Mo., January 1, 1878.
Received of J. W. Hardin one hundred dollars, for services in the harvest field to date, in full.
Or,
Received of J. W. Hardin fifty dollars, for one week's work of self and team, in hauling stone, in full.
R. W. FIELDS.
If only part is paid it should read, " on account," instead of "in full."
139
LAWS OF MISSOURI.
BILL OF PURCHASE.
It should state each article and price, as follows:
J. W. SHATTUCK, ST. LOUIS, Mo., January 1, 1878.
Bought of J. D. ADAMS.
To 5 Yards Jeans @.50 $2.50
20 66 Brown Domestic .08. 1.60
Received payment, $4.10
J. D. ADAMS.
VALUABLE RULES.
How to find the gross and net weight of a hog, is by the rule that a hog's net weight is one fifth less than his gross weight. For instance, a hog weighing 400 pounds gross, would when dressed weigh 320.
A good rule to find the capacity of a granary or a wagon-bed is multiply by (short method) the number of cubic feet by 6308, and point off' one dec- imal place-the result will be the correct answer in bushels and tenths of bushels.
To find the contents of a corn-crib multiply the number of cubic feet by 54 (short method) or by 4} ordinary method, and point off one decimal- the result will be the answer in bushels. This rule applies when it is first cribbed and before the corn shrinks.
For the contents of a cistern or tank, multiply the square of the mean diameter by the depth (all in feet) and this product by 5681 (short method) and point off one decimal place -- the result will be the contents in barrels of 312 gallons each.
To measure boards multiply the length (in feet) by the width (in inches), divide the product by 12-the result will be the contents in square feet.
NOTE .- This is the correct measurement for every inch of thickness.
The same in substance is the rule for scantling, joists, plank, sills, etc. Multiply the width, thickness and 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.
To find the number of brick required in a building, multiply the number of cubic feet by 222. The number of cubic feet is found by multiplying the length, height and thickness (in feet) together.
A congressional township is thirty-six sections, each a square mile.
A section of land is 640 acres.
A quarter section, 160 acres, is a half a mile square.
Eighty acres is a half mile long and one quarter of a mile wide.
Forty acres is a quarter of a mile square.
The sections of a congressional township are all numbered from one to thirty-six, commencing at the northeast corner of the township.
140
LAWS OF MISSOURI.
One hundred and ninety-six pounds is one barrel of flour.
Two hundred pounds is one barrel of pork.
Fifty six pounds is called a firkin of butter.
A cord of wood is four feet wide, four feet high, and eight feet long.
WEIGHTS AND MEASURES.
The lawful weight of the following articles is the following number of pounds per bushel, and so understood when no special contract is made.
Apples, peaches and quinces 48
Rye.
56
Cherries, grapes, currants or gooseberries 40
Salt.
50
Strawberries, raspberries or blackberries. 32
Sand. 130
Osage-orange seed 32
Millett seed .
45
Beans. 60
20
Flax seed ..
56
Oats
33
Sorghum seed.
30
Wheat
60
Timothy seed.
45
Barley
48
Hemp seed .
44
Buckwheat.
52
Broom-corn seed
30
Corn-meal. 48
Blue-grass seed.
14
Stone coal.
80
Hungarian grass seed.
45
Corn, in the ear
70
Sweet potatoes
46
Potatoes.
60
Castor bean.
46
Onions. 57
Dried apples.
24
Shelled corn
56
Dried peaches
33
Lime. 80
Clover seed.
60
Bran.
There is a fine and penalty attached for giving false weights.
141
LAWS OF MISSOURI.
MISSOURI GAME LAW.
There has been so many violations of the game law that its publication is one of interest. Many persons violate this law through ignorance, and others willfully. The penalty is here given for all such acts. Every good citizen and lover of hunting is interested in preventing the law from being trampled upon, and those willfully breaking it should be forced to pay the penalty. A synopsis of the law is as follows :-
It is unlawful to kill, catch or have in possession any deer between Janu- ary 15th and September 1st.
Wild turkey between March 1st and September 15th.
Prairie chickens between February 1st and August 15th.
Quail or pheasant between February 1st and October 15th.
Woodcock between January 10th and July 1st.
Turtle doves, meadow larks and plover between February 1st and August 1st.
Wild song birds or insectiverous birds cannot be killed at any time.
It is unlawful to net or trap any quail, prairie chicken, or any of the birds named above.
It is unlawful to have in possession or purchase or sell any of the game or animals named above when the killing is prohibited.
It is unlawful to have in possession or to sell any of the game birds named that do not show shot marks, it being prima facie evidence that they have been trapped or netted contrary to law.
It is unlawful for any railroad, express company, or other carrier, to re- ceive for transportation any of the birds or game mentioned, when the killing of the same is prohibited.
Every person who shall violate any of the above named laws shall be guilty of misdemeanor and punished by a fine not exceeding $20 for each bird or animal killed, netted, trapped or found in his possession.
Any violators of these laws can be prosecuted before any police justice, recorder, or justice of the peace, or other court having jurisdiction to try cases of misdemeanor.
One half of any fines collected will be paid to the informer and the bal- ance to the school fund of the county. It is the duty of all constables, marshals, market masters and police officers, to arrest all persons violating any of the game laws, and take them before the courts having jurisdiction to hear and try complaints.
California quail cannot be killed before October, 1883.
Messina quail cannot be killed before January 1st, 1886.
Hawks, owls, eagles and crows can be killed at any time, and the destruc- tion of these birds and their nests is recommended as they are very destructive to other birds.
142
STATISTICS.
POPULATION OF THE UNITED STATES, BY RACES-1880.
STATES AND TERRITORIES.
Total population,
White, 1880.
Colored, 1880.
Chinese, 1880.
Indians, civilized or taxed, 1880.
1|Alabama.
1,262,794| . 661,986|
4
213
2 Arizona.
40,441
35,178
600,141| 138
1,632
3,493
3 Arkansas.
802,564
591,611
210,622
134
197
4 California
864,686
767,266
6,168
75,122 16,130
5 Colorado ..
194,649
191,452
2,459
610
128
6 Connecticut.
622,683
610,884
11,422
130
241
8 Delaware
146,654
120.198
26,456
10 Florida.
267,351
141,249
125,262
18
37
11 Georgia.
1,539,048
814,218
724,654
17
94
12 Idaho.
32,611
29,011
58
3,378
164
13|Illinois
3,078,769
3,032,174
46,248
214
133
14 Indiana
1,978,362
1,939,094
38,988
37
233
15 Iowa.
1,624,620
1,614.510
9,442
47
464
16 Kansas.
995,966
952,056
43,096
22
792
17 |Kentucky
1,648,708
1,377,077
271,462
10
50
18 Louisiana.
940,103
455,063
483,898
483
819
19 Maine ..
648,945
646,903
1,427
8
607
20 Maryland.
934,632
724,718
209,897
6
11
21 Massachusetts.
1,783,012
1,764,082
18,644
256
341
22 Michigan.
1,636,331
1,614,078
14,986
29
7,238
23 Minnesota
780,806
776,940
1,558
54
2,254
24 Mississippi.
1,131,592
479,371
650,337
52 1,832
25 Missouri.
2,168,804
2,023,568
145,046
94
96
26 Montana.
39,157
35,468
202
1,737
1,750
27 Nebraska.
452,433
449,805
2,376
18
233
28|Nevada.
62,265
53,574
465
5,423
2,803
30|New Jersey.
1,130,983
1,091,856
38,796
182
58
31 New Mexico.
. 118,430
107,188
507
55|10,280
32 New York ..
5,083,810
5,017,142
64,943
942
783
33|North Carolina.
1,400,047
867,467
531,316
1
1,216
34 Ohio
3,198,239;
3,118,344
79,655
117
113
35 Oregon. .
174,764
163,087
493
9,508
1,679
36 Pennsylvania.
4,282,786
4.197,106
85,342
170
168
37 Rhode Island.
276,528
269,933
6,503
27
67
39 Tennessee.
1,542,463
1,139,120
402,992
26
326
40 Texas
1,592,574
1,197,493
394,007
142
932
41 Utah.
143,906
142,381
204
518
804
42 Vermont.
322,286
331,243
1,032
43| Virginia.
1,512,806
880,739
631,996
6
65
44|Washington
75,120
67,349
357
3,227
4,187
45 West Virginia
618,443
592,433
25,729
14
17
46|Wisconsin
1,315,480
1,309,622
2,724
161
3,118
47|Wyoming.
20,788
19,436
299
914!
139
Total United States.
50,152,866 43,402,408 6,577,497 105,679|65,880
Per cent of increase from 1870 to 1880:
Total population .30.06 per cent.|Chinese population. . . 67.07 per cent.
White population.
28.82
66
Indian population (civilized or
Colored population.
34.78
or taxed).
156.02 4 4
7|Dakota.
135,180
133,177
381
238
1,384
9 District of Columbia
177,638
118,236
59,378
18
6
29 New Hampshire.
346,984
346,264
646
14
60
38 South Carolina
995,622
391,258
604,325
9
114
1880.
143
STATISTICS.
The inhabitants of Alaska and the Indian Territory (both unorganized as yet) are not included in the above total. The census of Alaska in 1880 showed: White, 392; Creoles (issue of intermarriage between the whites and natives), 1,683; Aleuts, 1,960; Innuits, 17,488; Indians, 8,655; total, 30,178.
The Indian Territory is estimated to contain 60,000 to 75,000 inhabit- ants.
The Indians included in the census in each State and Territory are those reckoned as civilized, or outside of tribal organizations. Indians not taxed are by law excluded from the census. Estimates of their numbers vary widely-from 200,000 to 350,000 (the latter as estimated in the census of 1870).
In the Chinese column (for want of space elsewhere) have been reckoned a very few Japanese, East Indians and Sandwich Islanders, not exceeding 250 in all.
MILES OF RAILROAD IN THE UNITED STATES.
1850.
9,021
1870 .52,914
1855.
18,374
1875.
74,374
1860.
30,635
1880.
84,715
1865
.35,085
There were in the whole world, January 1, 1881, 192,952 miles of railway.
TELEGRAPH LINES AND WIRES.
In 1866 there were 37,380 miles of telegraph line in the United States and 75,685 miles of wire; in 1870, 54,109 miles of line and 112,191 miles of wire; in 1875, 72,833 miles of line and 179,496 miles of wire; in 1880, 85,645 miles of line and 233,534 miles of wire.
There were 29,216,509 telegraph messages sent in the year 1880.
COTTON CROP OF THE UNITED STATES, YEARS ENDING SEPT. 1.
YEAR.
BALES.
YEAR.
BALES.
YEAR.
BALES.
1841.
1,634,945 |1854.
2,930,027||1867.
|2,019,774
1842.
1,683,574
|1855.
2,847,339
1868.
2,593,993
1843.
2,378,875
1856.
3,527,845
1869
2,439,039
1844
2,030,409
1857.
2,939,519
1870.
3,154,946
1845
2,394,503 1858
3,113,962 1871
4,352,317
1846.
2,100,537|1859
3,851,481 1872.
2,974,351
1847.
1,778,651
1860.
4,669,770||1873.
3,930,508
1848
2,347,634
[1861
3,656,006| 1874.
4,170,388
1849
2,728,596
1862.
No rec'd
1875
3,832,991
1850.
2,096,706!
|1863.
66
1876.
4,669,288
1851.
2,355,257
1864
66
1877
4,485,423
1852
3,015,029 1865.
1878.
4,811,265
1853.
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