Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1873-09-19
FORM OF STIPULATION.
United States District Court.
Westen, DisirIci Of ~ ,sdoasin

Of If" tho &c. Co., Of Iowa Due this ----s--
Stipulation and agreement made this
I5.h day Of September, A. ID. 1878, by
and between the sal ] pasties to this action
by heir respective attorneys viz: Matt
II. Carpenter, in The behalf Of the said
plaintiff and Henry & Smith in behalf of
the said defendent. Witnesseth that here.
FIRE towit On the 18th day Of June,
1873, the said parties for the purpose of
compromising and settling the said judg
nent in this cause entered into the follow
ing agree ment, to,it:
(Here insert copy Of agreemenD
and IN pursuance thereof ag is therein pro-
vided on the same day in behalf Of the
said plaintiff, the following proposal was
made, towit
Here insert copy Of proposal,)
and which agreement was ratified and cons
firmed and said proposal accepted by the
said defendent on the "a day Of July,
1873, and committee was then appoints
ed to carry said compromise into effect
by the adoption of the following resolu-
tions by the said defendent.
Here insert copy of resolutiens)
and the time limited for the contamination
OF said compromise or settlement, having
been from time TO time extended SO that
the agreement and proposal therefor are
now in full force and virtue, and the said
committee, Messrs Meigs & Henry. sp-
pointed as appears by the above resolution
having this day consumnated the said
compromise or settlement. of the iudg.
ment in this case, by the delivery to the
sad plaintiff Chs assignee or attorney Of
the said new, or compromise bonds above
dollar of the said judgement claim.
Now therefore 1t is stipulated and cx.
pressly agreed between the parties here
10 that the said plaintiff, or his assignee is
the owner Of the Judgment in this cause,
and that the same shall hereafter if as
signed or transferred in any way whats
ever be subject to tn stipulation in all res
poets and also that upon production before
the Clerk of this Court of an am ,unt of
the six kinds (the only difference in kind
being that they are payable in different
years. OF tn. new or compromised bonds
with their respective intrest coupons, or
lawful evidence of their loss or destruct
ion, with the endorsement of the Bank, or
paid showing that the same were paid, or
the money deposited therefor according to
the terms OF said new or compromise
bonds and the above agreement duly cancel
ed equal to sixty five per cent. of The sum
above stated to be du upon the Judgment
in this cause. The Clerk Of this court shall
thereupoh satisfy and disCharg the said
judgment from record forever.
And also that if from any cause whats
ever default shall be made in the making
of any of the said compromise payments
by the said defendants upon the p-oduc,
ton to the clerk of the court AFORESAID of
any such Of the new or compromise bon Is
or their interest coupons as may have
been actually paid before said default, or
lawful evidence of their loss of destruct-
ion or Of the deposit Of the money there
for at the place where same may be pay
able. The said clerk shall credit the
amount so paid on this judgment sa is
provided in the above agreement.
1t is also further stipulated and agreed
by and between the parties hereto that in
case of default in the payment Of any Of
said new or compromise bonds accordi ng
TO the terms thereof and of the said agree
ment, then all right of the said defendant
to the thirty>five per cent. now discount
ed or allowed from said judgment for the
sake Of compromise saall become forfeit
cd by the said defendent to the said
plaintiff as is provided in the above
agreement. and the judgment herein, and
also in the following specified cases, VIZ:
(Here insert description of each ju1-
ment settled in which similar stipulaiions
10 this are filed, shall be hel by the said
plaintiff Tor his assignee) as collateral Sc
curity for the payment of such part a may
be unpaid Of the said sixty five per cent
of new or compromise bonds so issued, ard
the other thirty five per cent. for his own
use and benefit, as is provided in the said
agreement, with all the rights and RENE
dies belonging thereto. and reserved IN said
ag, cement, and with power to the holder
of any unpaid new or compromise bond,
or Of any of the unpaid interest coupons
thereof, to proceed in the name of the said
plaintiff (or his assignee) to collect such
balance a may be due hun upon such new
or compromise bonds, or their coupons,
and shall also be entitled and have power
for such purpose, first giving the sal plain
tiff Tor his assignee) sixty days notisc, and
option to proceed himself for said purpose,
10 substitute such attorney of record as
he may Gesig ate, and with such collection
to pay said unpaid new or compromise
bonds. The remaining thirty five per
cent. shall also be collected. and belong to,
and be paid over, to the said plaintiff Cor
his aSsignee) For the purpose of defining
what shall be default herein, it is agreed
that if the said defendant shall be charged
With default in payment. such charge shall
apecify what new or compromise bonds,
or interest coupons, are not paid according
to the terms thereof, and of the contract
under which they are issued, and unless
such bonds, or coupons, or lawful evidence
of their loss or destruction, or Of the de
posit Of the money to pay the same, accord
within thirty days after notice of said
charge, the said default shall be deemed
confessed, and the same course shall be
taken in regard to any churge Of default
in any other respect, under said contract.
II is still further stipulated and agreed
by the parties hereto, that this stipulation
shall be honestly and fairly construed as
a whole, including the several above doc
uments, as substantially fair and upright
settlement or compro mise of the SAID sev>
eral judgments. at sixty five cents on the
dollar, payable in six pay u,ents, with eight
per cent. interest, the original debt to be
held until the sixt,-five per cent and the
interest on it, is paid as agreed aid if
default is made, the plaintiff (or his as
Eignee) to haye the full right, as he now
his, to proceed to collect his judgment
first crediting On it at par, such Sums