|
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
207
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 ________.
209
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
214
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
218
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.
219
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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