WELCOME

TO THE

HISTORY OF

WASHINGTON COUNTY

IOWA

1880

206

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 termination 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 premises; 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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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 recover rent accrued within one year previous there to upon the premises described 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 agreeement shall be made to the contrary, 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 Broom Corn Seed
30
Osage Orange Seed 32 Buckwheat
52
Millet Seed 45 Salt
48
Stone Coal 80 Barley
48
Lime 80 Corn Meal
48
Corn in the ear 70 Castor Beans
46
Wheat 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 table 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:

CHICAGO, ILL., Sept. 15, 1876

$100
     Sixty days from date I promise to pay to E. F. Brown or order, one hundred dollars, for value received.

L. D. LOWRY

     A note to be payable in anything other than money needs only the facts substituted for money n the above form.

ORDERS.

     Orders should be worded simly, thus:

CHICAGO, Sept. 15, 1876

Mr. F. H. COATS:

     Please pay to H. Birdsall twenty-five dollars, and charge to

F. D. SILVA.

BILLS OF PURCHASE.

SALEM, Illinois, Sept. 18, 1876

W. N. MASON

Bought of A. A. GRAHAM.

4 Bushels of Seed Wheat, at $1.50 .......................................................$6.00
2 Seamless Sacks at  30 ..........................................................................     60

Received payment,

A. A. GRAHAM.

208

RECEIPTS.

Receipts should always state when received and what for, thus:

CHICAGO, Sept. 15, 1876

$100

                Received of J. W. Davis, one hundred dollars, for services rendered in
grading his lot in Fort Madison, on account.

    THOMAS BRADY.   

If the 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; lb for pounds, and bbl. for barrels; *__ for per or by the. Thus, Butter sells at 20 @ 30c *__ lb., 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 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 lenghth 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 termed "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.

[ NOTE:] * I was unable to recreate the symbol, if anyone knows the code to do so, I would be greatful for the information. Thanks.

CONFESSION OF JUDGMENT.

________, Iowa, ____, 18__

$ ___.

     ______ after date __ promises to pay to the order of _____, _____ dollars,
at ______, for value received, with interest at ten per cent per annum after ____ until paid. Interest payable _____, and on interest not paid when due, 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 judgement against ______ as defendent 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 ________.

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     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 he foregoing staement 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 due said ______ as aforesaid.
      Sworn to and subscribed beforeme 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 misunderstandings 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 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 more by the twenty-first, and the entire one hundred tons to be all delivered by the thirtieth of November.
      And the said Thomas Whiteside, in consideration of the prompt fulfillment 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

210

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 deligently 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 an dpayable by said Stone to the said Barclay
      Witness our hands.

REUBEN STONE.
GEORGE BARCLAY.

BILLS OF SALE.

      A bill of sale is a written agreeement 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 acknowledged 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 an din consideration of five hundred and ten dollars, to me paid by John Floyd, of the same place, of the second part, the receipt whereof is hereby acknowledged, have sold, and by this instrument do convey unto the said Floyd, party of the second part, his executiors, administrators and assigns, my 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 unto the party of the second part, his executors and assigns forever. And I do, for myself and legal representatives, to warrant and defend the sale of the aforemetined property and chattels unto the said party of the second part, and his legal representatives, against all and any persons 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.]

211

GENERAL FORM OF WILL FOR REAL AND PERSONAL PROPERTY.

      I, Charles Mansfield, of the town of Bellevue, county of Jackson, State of Iowa, 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 following, to-wit:
     First. I give, devise and bequeath unto to my eldest son, Sydney II. 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 bequeath to each of my two daughters, Anna Louise Mansfield and Ida Clara Mansfield, each 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 whore such 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 hundred and sixty acres of land, and saw-mill thereon, situated in Manistee, Michigan, with all the improvements and appurtenances thereunto belonging, which said real estate is recorded in my name, in the county where situated.
     Fourth. I give to my wife, Victoria Elizabeth Mansfield, an my household 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 Baltimore & 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, Victoria Elizabeth. Mansfield, or at any time when she may arrange to relinquish 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 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 I sha11 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 testament, have hereunto set my hand and seal, this fourth day of April, eighteen hundred and seventy-two.

CHARLES MANSFIELD.

212

     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 codicil 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 unto him my gold watch, and all right, interest and title in lands and bank stock and chattels bequeathed to my deceased daughter, Anna Louise, 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, 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,}
                             } ss.
________ County,}

       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 discharged 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.

__________.

213

ONE FORM OF REAL ESTATE MORTGAGE.

     KNOW ALL MEN BY THESE PRESENT: 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 convenant 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 promisory 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 Mortagor that if it becomes necessary to foreclose this mortgage, a reasonable amount, shall be allowed as attorney's fees for foreclosing. And the said _________ hereby relinquishes all her right of dower and homestead in and to the above described premises.
       Signed this ______ day of _____, A. D. 18__.

_______ _______
_______ _______

[Acknowledge as in From 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, situated 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, htat he have good right to sell and convey said premises, that they are free from incumbrance, and that he will warrant and defend them against the lawful claims of all persons whomsoever, and do expressly hereby release all rights of dower in and to said premises, and relinquish and convey all rights of homestead therein.
     This instrument is made, executed and delivered upon the following conditions, 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

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if he shall fail to pay any of said interest when due, 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 same becomes due; or fail to conform or comply with any of the foregoing conditions or agreements, the whole sum herein secured shall become due and payable at once, and this mortgage may thereupon be foreclosed immediately 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 become due 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 decree of foreclosure, and shall be made by the sheriff on general or special execution with the other money, interest and costs, and the contract embodied 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.

_______ _______,
_______ _______,

[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

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 be superior 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 willnot 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, damages 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.
     In presence of
    ________ ________                         _________ _________

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 hte time therein specified, of _______ certain promissary 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

     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 forecloseure 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 paying off said notes and expenses, to be paid over to grantor.
     Signed the _______ day of _______, 18__.

_______ _______.
_______ _______.

[Acknowledged as in From No. 1]

WARRANTY DEED.

      KNOW ALL MEN BY THESE PRESENT:   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 assignes, 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 ________ has good right and lawful authority to sell the same, and ___ do hereby covenant to warrant 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 From No. 1.]

QUIT-CLAIM DEED.

      KNOW ALL MEN BY THESE PRESENT:  That _______, of _______ County, State of ___, in consideration of the sum of ______ dollars, to __ in hand paid by _________, of ______ County, State of _____, the receipt whereof __ do hereby acknowledge, have bargained, sold and quit-claimed, and by these present 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 and as well in possession as in expectancy, of, in and to the following described premises, to-wit: [here insert description] with all and singular the hereditaments and appurtenances thereto belonging.
     Signed this ____ day of _____, A. D. 18__.
      SIGNED IN PRESENCE OF

   _______ _______
   _______ _______
   _______ _______
_______ _______.
_______ _______.
_______ _______.

[Acknowledged as in Form No. 1.]

217

BOND FOR DEED.

      KNOW ALL MEN BY THESE PRESENTS:   That _____ of ________ County, and State of _____ am held and firmly bound unto ____ of _______ County, and State of _____, in the sum of _____ dollars, to be paid to the said _______, his executors or assigns, for which payment well and truly to be made, I bind myself firmly by these presents. Signed the _____ day of _____, A. D. 18__.
     The condition of this obligation is such, that if the said obligee shall pay to said obligor or his assigns, the full amount of principal and interest at the time therein specified, of ______ promissory note of even date herewith, for the sum of ____ Dollars.

One note for $ _____, due _____, 18__, with interest annually at ___ per cent.
One note for $ _____, due _____, 18__, with interest annually at ___ per cent.
One note for $ _____, due _____, 18__, with interest annually at ___ per cent.

And pay all taxes accruing upon the lands herein described, then said obliogr shall convey to the said obligee, or his assigns, that certain tract or parcel of real estate, situated in teh County of _____, and State of Iowa, described as follows, to-wit: [here insert description] by a Warranty Deed, with the usual covenants, duly executed and acknowledged.
     If said obligee should fail to make the payments as above stipulated, or any part thereof, as the same becomes due, said obligor may at his option, by notice to the obligee, terminate his liability under the bond, and resume the possession and absolute control of said premises, time being the essence of this agreement.
     On the fullfillment 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 unlawful 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 November. 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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or snared during the open season, or at any time for the protection of private 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. Penalty, 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 person 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 have 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 affidavit 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 both.
     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 information to It 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; salmon or trout 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 dam or obstruction heretofore erected, for an unreasonable 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.

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     14. Persons raising or propagating fish on their own premises, or owning premises on which there are waters having no natural outlet, 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 $_5, 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 possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made:
     A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described; the 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 prospectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exaggerated statements to the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be 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 subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.
     All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they can not be altered, varied or rescinded verbally, out 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 prejudice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else but money. They can not extend the time of payment beyond the time of delivery nor bind their principal for the payment of expenses incurred in their business.
     It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is; and if they cannot read themselves call on some one disinterested who can.


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