B 418434

ARTES
1837
SCIENTIA
VERITAS
LIBRARY
OF THE
UNIVERSITY OF MICHIGAN
E-PLURIBUS UNUM -
TUEBOR
SI-QUAERIS PENINSULAM AMOENAM
CIRCUMSPICE

350.979
$
-W
مانے
:
C'
*

..
范
​THE

REVISED STATUTES
OF THE
STATE OF MISSOURI,
REVISED AND DIGESTED BY THE EIGHTEENTH GENERAL ASSEMBLY, DURING
THE SESSION OF ONE THOUSAND EIGHT HUNDRED AND FIFTY-FOUR
AND ONE THOUSAND EIGHT HUNDRED AND, FIFTY-FIVE;
TO WHICH ARE PREFIXED THE
CONSTITUTIONS OF THE UNITED STATES
AND OF THE
STATE OF MISSOURI,
WITH AN
APPENDIX,
INCLUDING CERTAIN LOCAL ACTS OF THIS STATE, AND LAWS OF CONGRESS,
AND FORM BOOK.
CHARLES H. HARDIN,
COMMISSIONER APPOINTED BY THE LEGISLATURE.
Published by Authority of Law.
VOLUME II.
CITY OF JEFFERSON:
PRINTED FOR THE STATE, BY JAMES LUSK, PUBLIC PRINTER.
1856.
19-10-1
CONTENTS.
CHAPTER LXXXVI.
PAGE.
JAILS AND JAILERS..........
895
CHAPTER LXXXVII.
JUDGMENTS………………….
901
CHAPTER LXXXVIII.
JURORS...
909
CHAPTER LXXXIX.
JUSTICES OF THE PEACE
919
CHAPTER XC.
JUSTICES' COURTS......
924
CHAPTER XCI.
JUSTICES' COURTS-BREACHES OF THE PEACE
977
CHAPTER XCII.
Lands, State-SALE, DISTRIBUTION……….……………..
982
CHAPTER XCIII.
་
LANDS SWAMP AND OVERFLOWED
1005
CHAPTER XCIV.
LANDLORDS AND TENANTS
1009
CHAPTER XCV.
LAWS......
1020
CHAPTER XCVI.
LAWS-REVISED STATUTES-CONSTRUCTION
1022
CHAPTER CXVII.
LAWS AND JOURNALS-PUBLICATION.
·PUBLICATION….……………… ………………………
1028
CHAPTER XCVIII.
LEAD FURNACES.
.... 1032
CHAPTER XCIX.
LEGISLATURE
MEETING VACANCIES-PETITIONS..
1033
CHAPTER C.
LEGISLATURE-PROCEEDINGS.
1036
CHAPTER CI.
LEGISLATURE
COMPENSATION
....
1039
CHAPTER CII.
LETTERS OF ATTORNEY
1041
CHAPTER CIII.
LIMITATIONS...
....... 1045
CHAPTER CIV.
LOST MONEY AND GOODS.........
1054
CHAPTER CV.
MANDAMUS
1055
180072
iv
CONTENTS.
>
CHAPTER CVI.
MARKS AND BRANDS...
ᏢᎪᏩᎬ .
1057
CHAPTER CVII.
MARRIAGE CONTRACTS....
1059
CHAPTER CVIII.
MARRIAGES
...
1061
CHAPTER CIX.
MECHANICS' LIENS....
1064
CHAPTER CX.
MERCHANTS
1072
CHAPTER CXI.
MILLS AND MILLERS.
. 1078
CHAPTER CXII.
MILLS AND MILL-DAMS.
1081
CHAPTER CXIII.
MORTGAGES...
1086
........
CHAPTER CXIV.
NEGROES AND MULATTOES..
1093
CHAPTER CXV.
NOTARIES PUBLIC…………..
1101
CHAPTER CXVI.
NOXIOUS ANIMALS.......
.... 1104
CHAPTER CXVII.
OATHS AND AFFIRMATIONS
1105
....
CHAPTER CXVIII.
OFFICERS
1107
....
CHAPTER CXIX.
PARTITION
1109
...
CHAPTER CXX.
PARTNERSHIPS-LIMITED
!
1123
CHAPTER CXXI.
PATROLS
1126
CHAPTER CXXII.
PEDLERS....
1127
.....
CHAPTER CXXIII.
PENAL BONDS
1131
CHAPTER CXXIV.
PENITENTIARY
1137
CHAPTER CXXV.
PERPETUATING TESTIMONY..
1147
CHAPTER CXXVI.
POOR...
1154
CHAPTER CXXVII.
PRACTICE IN CRIMINAL CASES.....
1156
CHAPTER CXXVIII.
PRACTICE IN CIVIL CASES.....
1216
CHAPTER CXXIX.
PUBLIC PRINTER....
1302
CHAPTER CXXX.
1308
QUO WARRANTO.
CONTENTS.
CHAPTER CXXXI.
PAGE.
RECORDS — PUBLIC………...
1310
CHAPTER CXXXII.
RECORDERS' OFFICES
1312
CHAPTER CXXXIII.
REGISTER OF LANDS...
1318
CHAPTER CXXXIV.
REPRESENTATION ……………….
1320
CHAPTER CXXXV.
REVENUE...
1322
CHAPTER CXXXVI.
ROAD AND CANAL FUND.....
1363
CHAPTER CXXXVII.
ROADS AND HIGHWAYS .....
{
1367
CHAPTER CXXXVIII.
SALARIES
1394
CHAPTER CXXXIX.
SALINE LANDS
1396
CHAPTER CXL.
SALTPETRE WORKS
1399
CHAPTER CXLI.
SALVAGE
1400
:
CHAPTER CXLII.
SCHOOL LANDS....
1404
CHAPTER CXLIII.
SCHOOLS.
1413
CHAPTER CXLIV.
SECRETARY OF STATE...
1450
CHAPTER CXLV.
SECURITIES
1453
CHAPTER CXLVI.
SEMINARY LANDS......
1459
CHAPTER CXLVII.
SENATORS—UNITED STATES...
...
1460
CHAPTER CXLVIII.
SET-OFF
1461
CHAPTER CXLIX.
SHERIFF AND MARSHAL
1464
CHAPTER CL.
SLAVES.........
1469
CHAPTER CLI.
STATE INTEREST FUND.
1487
CHAPTER 'CLII.
STATE LIBRARY
.....
1489
CHAPTER CLIII.
STATE UNIVERSITY.....
1494
CHAPTER CLIV.
STRAYS...
SURVEYORS..
1506
CHAPTER CLV.
1512
vi
CONTENTS.
་
CHAPTER CLVI.
PAGE.
TELEGRAPH COMPANIES..
...
1519
CHAPTER CLVII.
TOWNS-INCORPORATION OF..........
1523
CHAPTER CLVIII.
TOWN PLATS.....
1535
CHAPTER CLIX.
TOWNSHIPS
..... 1537
CHAPTER CLX.
TREASURY DEPARTMENT...
...
1538
CHAPTER CLXI.
TRESPASS
1552
.....
CHAPTER CLXII.
TRUSTS AND TRUSTEES...
1554
CHAPTER CLXIII.
VAGRANTS.
1556
.....
CHAPTER CLXIV.
VENUE
1558
CHAPTER CLXV.
WAY.........
1561
...
CHAPTER CLXVI.
WEIGHTS AND MEASURES...
1564
CHAPTER CLXVII.
WILLS....
1565
CHAPTER CLXVIII.
WITNESSES..
1575
CHAPTER CLXIX.
WOLVES.......
1583
CHAPTER CLXX.
WOODS, MARSHES AND PRAIRIES
1584
CHAPTER CLXXI.
WRITS AND PROCESS.......
1585
CONTENTS.
vii
COURT-COMMON PLEAS
APPENDIX.
REVISED LOCAL ACTS.
PAGE.
1587
COURT-CRIMINAL..
...
1589
COURT-LAND......
COURT-LAW COMMISSIONER'S....
1592
1596
COURT-PROBATE
....
1599
LAWS OF THE UNITED STATES.
AUTHENTICATION OF RECORDS
1603
FUGITIVES FROM JUSTICE AND FROM LABOR.................
1604
FUGITIVES FROM LABOR....
1605
NATURALIZATION
1609
JOINT RESOLUTION
FORMS...
1602
1617
REVISED STATUTES.
CHAPTER LXXXVI.
JAILS AND JAILERS.
AN ACT CONCERNING JAILS AND JAILERS.
? 1. A jail to be kept in each coun- | 15.
ty, at county seat.
2. Who shall be jailer.
3. Duty of jailer to receive pri-
soner.
4. Prisoners under civil process
and criminals, to be kept
separate.
5. Females to be kept separate
from males.
6. Certain prisoners liable for the
cost of imprisonment.
7. Insolvent prisoners to be dis-
charged in certain cases.
8. Oath to be taken before such
discharge, and property sur-
rendered.
9. Food, clothing and medical at-
tendance, to be provided.
10. Criminal costs, how paid.
11. Prisoners to have certain privi-
leges.
12. Grand jury to visit jail, at each
term.
13. Court to see that prisoners are
humanely treated.
14. United States prisoners to be
received and kept.
16.
Penalty for failure to receive
and keep such.
United States to pay for use of
jails.
17. Repairs to jail, how and when
made; deputy jailers.
18. Deputy jailers, how appointed.
19. Guard, when and how to be
appointed.
20. Expenses thereof.
21. When jail of another county
22.
23.
may be used.
Habeas corpus to issue from
judge in certain cases.
Duty of jailer to bring up such
prisoner.
24. Penalty for failure so to do.
25. Jailer may, also, be removed.
26. Fees for such service.
27. Expenses of commitment, when
and how paid.
28.
When sheriff is imprisoned,
coroner shall be jailer.
29. Necessary clothing to be pro-
cured and paid for.
30. Medicine and medical attend-
Physi-
ance to be procured.
cian may be hired by the year.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows :—
SECTION 1.-There shall be kept and maintained in good
and sufficient condition and repair, a common jail, in each
county within this State, to be located at the permanent seat
of justice for such county.
SEC. 2. The sheriff of each county in this State shall
have the custody, rule, keeping and charge of the jail within
his county, and of all the prisoners in such jail, and may ap-
A VOL. II
A jail to be
kept in each
county seat.
county, at the
Who shall
be jailer.
896
JAILS AND JAILERS.
Duty of jail-
er to receive
prisoners.
Prisoners
under civil
process and
CHAP. 86.
point a jailer under him, for whose conduct he shall be re-
sponsible; but no justice of the peace shall act as jailer, or
keeper of any jail, during the time he shall act as such
justice.
SEC. 3.It shall be the duty of the sheriff and jailer to
receive from constables and other officers, all persons who
shall be apprehended by such constables or other officers, for
offences against this State, or who shall be committed to such
jail by any competent authority; and if any sheriff or jailer
shall refuse to receive any such person or persons, he shall
be adjudged guilty of a misdemeanor, and, on conviction,
shall be fined at the discretion of the court.
SEC. 4. — It shall not be lawful for any sheriff or jailer to
confine or keep persons confined, on civil process or for civil
criminals to be causes, and criminals, together in the same room, but they
shall be confined and kept separate and apart from each
other, in distinct rooms, when practicable.
kept separate.
Females to
be kept sepa-
SEC. 5. Female prisoners shall, in like manner, be con-
rate from fined and kept in apartments separate and apart from male
prisoners.
males.
Certain pri-
SEC. 6. Every person who shall be committed to the
soners liable
for the cost of common jail, within any county in this State, by lawful
imprisonment authority, for any offence or misdemeanor, if he shall be con-
Insolvent
prisoners to be
discharged
in certain ca-
ses.
Oath to be
taken before
such
victed thereof, shall bear the expense of carrying him or her
to the said jail, and, also, his or her support while in jail, be-
fore he or she shall be discharged; and the property of such
person shall be subjected to the payment of such expenses,
and shall be bound therefor, from the time of his commit-
ment, and may be levied on and sold, from time to time, under
the order of the court having criminal jurisdiction in the
county, to satisfy such expenses.
SEC. 7.—The attorney prosecuting for and on behalf of
the State, in such county, may, by and with the advice and
consent of such court, discharge from imprisonment any per-
son convicted of an offence below the grade of felony, and
holden only for the payment of fine and costs, who hath no
property or means of satisfying the same.
SEC. 8.-Before any person shall be discharged, he shall
tach dis- take the oath, and surrender his property and effects, as re-
charge, and quired by law in the case of insolvent persons, confined on
property sur-
rendered. criminal process; and the property and effects which may be
JAILS AND JAILERS.
897
1
CHAP. 86.
surrendered, shall be first applied to the payment of the fine
and costs for which he was imprisoned.
SEC. 9. Whenever any person committed to jail upon.
any criminal process, under any law of this State, shall de-
clare, on oath, that he is unable to buy or procure necessary
food, the sheriff or jailer shall provide such prisoner with
food, for which he shall be allowed a reasonable compensa-
tion, to be fixed by law; and if, from the inclemency of the
season, the sickness of the prisoner, or other cause, the sheriff
shall be of opinion that fuel, additional clothes, or bedding,
medicine and medical attention, are necessary for such pri-
soner, he shall furnish the same, for which he shall be allowed
a reasonable compensation.
Food, cloth-
ing and medi-
cal attendance
to be provided.
Criminal
SEC. 10.— The expenses of imprisonment of any crimi-
nal prisoner, such as accrue before conviction, shall be paid costs, how
paid.
in the same manner as the other costs of prosecution are di-
rected to be paid; and those which accrue after conviction,
shall be paid as is directed by the act regulating criminal
proceedings.
Prisoners to
have certain
SEC. 11.- Every sheriff and jailer, and other person or
persons whatsoever, to whose custody or keeping any person privileges.
or persons shall be committed by virtue of any writ or pro-
cess, or for any criminal offence, except on conviction for
felony, shall permit and suffer him, her or them, so committed,
at his, her, or their will and pleasure, to send for and have
any necessary drink or food, from what place and whom they
please, and, also, to have and use such bedding, linen and
other things, as he, she or they shall think fit, without de-
taining the same, or any part thereof, or enforcing or requiring
him, her or them, to pay for the having or using thereof, or
putting any manner of restraint or difficulty upon him, her
or them, in using thereof, or relating thereto.
SEC. 12.—It shall be the duty of the grand jury at each
term, or a committee, to consist of at least three members
thereof, to visit the jail of their county, and examine the
condition thereof, and inquire into the treatment of the pri-
soners, and make report thereof to the court.
Grand jury
to visit jails,
at each term.
Court to see
that prisoners
SEC. 13. It is hereby made the special duty of the court
having criminal jurisdiction, at each term, to inquire and see are humanely
that all prisoners are humanely treated.
treated.
Of U. S.
SEC. 14. — It shall be the duty of the keeper of the jail, prisoners.
898
JAILS AND JAILERS.
CHAP. 86.
United States in every county within this State, to receive into his custody
prisoners to be
received and any prisoner or prisoners who may be, from time to time, com-
kept.
Penalty for
failure to re-
ceive and keep
such.
United States
to pay for use
of jails.
Repairs to
jail, how and
when made;
deputy jailer.
Deputy jail-
ers, how ap-
pointed.
Guard, when
and how ap-
pointed.
mitted to his charge, under authority of the United States,
and to safely keep every such prisoner or prisoners, accord-
ing to the warrant or precept of such commitment, until he
or they shall be discharged by due course of law of the
United States.
SEC. 15.-The keeper of every jail aforesaid shall be
subject to the same pains and penalties, for any neglect or
failure of duty therein, as he would be subject to by the laws
of this State for the like neglect or failure, in the case of a
prisoner committed under the authority of the said laws.
SEC. 16.- The United States shall pay for the use and
keeping of such jails, at the rate of one dollar per month for
each person that shall, under their authority, be committed
thereto, and, also, to the jailer, such fees as he would be en-
titled to for like services rendered in virtue of the existing
laws of this State, during the time such prisoner shall be
therein confined, and shall support such of said prisoners as
shall be committed for offences.
SEC. 17. Whenever the sheriff of any county in this
State shall be of opinion, that the jail of his county is in-
sufficient to secure the prisoners that shall be confined
therein, it shall be his duty to give notice thereof to the
county court, and the said court, if they cannot immediately
repair the same, may, if they deem it expedient, allow any
sum not exceeding one hundred and fifty dollars per annum,
for the pay of a deputy jailer.
SEC. 18. Such deputy shall be appointed by the sheriffs,
and shall be under their sole direction, and be removable by
them at pleasure.
SEC. 19.—Whenever any sheriff shall have in his custody
any person or persons charged with any felony of [in] this
State, and the jail of his county shall be insufficient, or if
there shall be no jail in his county, he may, with the sanc-
tion of the judge of the court having criminal jurisdiction
for his county, or any two justices of the county court of his
county, employ a guard sufficient for the guarding and safe-
keeping of such prisoner or prisoners, in his own county;
the said guard not to exceed, however, in any instance, more
than three persons.
JAILS AND JAILERS.
899
CHAP. 86.
SEC. 20.—The expenses of said guard to be audited and
paid as other county expenses.
SEC. 21. It shall be lawful for the sheriff of any county
of this State, when there shall happen to be no jail, or where
the jail of such county shall be insufficient, to commit any
person or persons in his custody, either on civil or criminal
process, to the nearest jail of some other county; and it is
hereby made the duty of the sheriff or keeper of the jail of
said county, to receive such person or persons so committed
as aforesaid, and him, her or them, safely keep, subject to
the order or orders of the judge of the court for the county
from whence said prisoner was brought.
SEC. 22.—It shall be the duty of the sheriff so committing
any person or persons, as aforesaid, for any criminal offence,
forthwith to notify the judge of the court having criminal
jurisdiction for the circuit where such person or persons, so
committed, is or are to be tried, of the committing of such
person or persons to the jail of such other county, and trans-
mit, at the same time, to such judge, a copy of the day and
cause of the caption and detention of such person or persons;
whereupon it shall be the duty of such judge, within fifteen
days next preceding the first day of the court of the county
where such person or persons is or are to be tried, to issue
a writ or writs of habeas corpus, directed to the sheriff or
keeper of the jail of the county where such person or per-
sons is or are committed, commanding him or them to have
the body or bodies of such person or persons thus committed,
together with the day and cause of his, her or their caption
and detention, before the court having criminal jurisdiction
in said county for the trial of such offences, on the first day
of the next term of the said court.
SEC. 23.It shall be the duty of the sheriff or keeper of
the jail to bring, or cause to be brought, the said person or
persons thus committed, as aforesaid, on the day and at the
place mentioned in the said writ.
Expenses
thereof.
When jail
of another
be used.
county may
Habeas cor-
pus to issue
from judge in
certain cases.
Duty of
jailer to bring
up such pri-
soner.
failure so to
SEC. 24. Any sheriff or keeper of the jail, as aforesaid, Penalty for
failing or neglecting to make return, as aforesaid, and to bring.
the body or bodies of such person or persons, according to
the command in the said writ, shall be deemed guilty of a
contempt to the said court, and shall be liable to be attached
and be committed to the jail of the county, there to remain,
900
JAILS AND JAILERS.
Jailer, may
also, be re-
moved.
Fees for
such service.
Expenses of
commitment,
when and how
paid.
When sheriff
coroner shall
be jailer.
CHAP. 86.
without bail or mainprize, until he shall obey said writ; and
shall, moreover, forfeit to the prisoner or party aggrieved, a
sum not exceeding five hundred dollars, to be apportioned
according to the nature, aggravation and circumstances of
the case, and the injury which the party aggrieved may sus-
tain thereby, to be recovered by the prisoner or party ag-
grieved, his executors or administrators, in a civil action,
founded upon this statute.
SEC. 25.-The said sheriff or keeper of the jail may,
also, in the discretion of the said court, be removed from
office, and rendered incapable of holding or executing the
same thereafter.
SEC. 26. The sheriff, for committing any prisoner, as
aforesaid, or for executing any writ of habeas corpus under
this act, shall be entitled to the like fees as are provided, by
law, for similar services.
SEC. 27.—In all cases where a person is committed from
another county for a criminal offence under this act, such
county, or the prisoner, or the State, shall pay the expenses,
in the same manner as if the commitment had been in the
county where the offence was committed; and in civil suits,
the plaintiff or defendant, or the prisoner, shall pay the ex-
penses in the same manner as if the imprisonment had taken
place in the county where the suit commenced.
SEC. 28. The sheriff may be imprisoned in the jail of
is imprisoned, his own county; and for the time that he shall be confined,
the coroner shall have the custody, rule, keeping and charge
of the said jail, and shall, by himself and his sureties, be
answerable for the faithful discharge of his duties in that office.
Necessary SEC. 29.—In case of any prisoner confined in any jail in
clothing to be
procured and this State on a charge of felony, being in want of needful
and necessary clothing, it shall be the duty of the jailer to
procure the same, and to present his account therefor to the
court having criminal jurisdiction for the county, and, on
said court being satisfied of the correctness of such account,
shall certify the same for payment, as other costs in criminal
cases, to the Auditor of Public Accounts.
paid for.
Medicine
and medical
SEC. 30.—In case any prisoner confined in jail be sick,
attendance to and, in the judgment of the jailer, needs a physician or
be procured. medicine, said jailer shall procure the necessary medicine or
medical attention, the costs of which shall be taxed and paid
JUDGMENTS.
901
CHAP. 87.
as other costs in criminal cases; or the county court may, in
their discretion, employ a physician by the year, to attend
said prisoners, and make such reasonable charge for his ser-
vices and medicine, when required, to be taxed and collected
as aforesaid.
Approved December 12, 1855.
CHAPTER LXXXVII.
JUDGMENTS.
AN ACT REGULATING JUDGMENTS AND DECREES.
8 1. Lien of judgments in the Su-3 16. Proceeds, how applied.
preme Court, extent of.
2. In any court of record, extent
of.
3. Lien of judgment to extend
to real estate. To com-
mence on the day of rendi-
tion, and continue three
years, &c.
4. Scire facias to revive, may issue
within ten years; not after.
5. If issued after the expiration
of the lien, and judgment of
revival be rendered, such re-
vival to take effect from ren-
dition thereof.
6. Scire facias before, and judg-
ment after, expiration of lien,
effect of.
7. Scire facias, how served.
8. If defendant cannot be found,
order of publication to be
made.
9. Order, how and where pub-
lished.
10. On service or publication, &c.,
judgment to be revived.
11. Execution may issue at any
time during existence of lien.
12. Judgment may be enforced by
execution at any time within
five years from date.
13. Execution cannot issue without
leave of court, when. No-
tice to be given adverse par-
ty. Proceedings on motion
for leave.
14. Notice to be in writing, and
served, how.
15. Effect of sale of land under
junior judgment, &c.
17.
If one or more plaintiffs die,
judgment survives, when to
the executor or administra-
tor, and when to the heir.
In whose named revived, &c.
18. If several defendants, and some
die, judgment, &c., concern-
ing real estate, survives, and
against whom. How reviv-
ed. If concerning per-
sonalty, against whom it
survives, &c. How revived.
19. If defendant die after levy of
execution on real estate,
sheriff shall not execute, but
return it, &c.
20. Judgment may be revived
against the administrator de
bonis non, when.
21. Acknowledgment of satisfac-
tion to be entered, when.
22. By whom to be entered.
23. If made in court, to be entered
of record. If in vacation,
on the minutes, &c.
24. If made by agent, his authority
to be filed.
25.
Effect of acknowledgment.
26. If party receiving satisfaction
refuse to acknowledge, pro-
ceedings.
27. Court may order satisfaction to
be entered, when.
28. Costs, how recovered.
29. Clerks to leave a space in re-
cord for entering satisfaction
of jugment.
30. What entries shall be made by
clerk, in satisfaction of judg-
ment.
902
JUDGMENTS.
Lien of
judgments in
CHAP. 87.
31. Clerks to keep dockets of judg- 39. Payments to the assignor to be
ments.
32. Entries they shall make there-
in.
33. What such docket shall con-
tain.
34. Transcripts of judgments of
Supreme Court to be entered
thereon.
35. Clerk to forfeit $100, if he fail
to comply with the preceding
sections, &c.
36. Copy of decree of conveyance
of real estate to be recorded,
where and when. Effect of
failure.
37. Not to be recorded, when.
38. Judgments may be assigned,
and how. Effect of assign-
ment.
valid, until notice of assign-
ment shall be given to judg-
ment debtor, but not other-
wise.
40. After assignment of judgment,
execution to issue in name of
plaintiff, but to be endorsed
to use of assignee.
41. Assignee to have the right of
action thereon as original
plaintiff.
42. Delivery bonds to be given, to
whom; all other proceedings
in relation to such judgment,
&c., may be against, or upon
the complaint of, the as-
signee.
43. Construction of the term, "real
estate."
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:—
SECTION 1. Judgments and decrees obtained in the Su-
the Supreme preme Court shall, upon the filing of a transcript thereof in
Court, extent the clerk's office of the circuit court of any county, be a lien
on the real estate of the person against whom such judgment
or decree is rendered, situate in the county in which such
transcript is filed.
of.
In any court
of record, ex-
tent of.
Lien of judg-
ment to ex-
tend to real
estate.
SEC. 2.—Judgments and decrees rendered by any court
of record shall be a lien on the real estate of the person
against whom they are rendered, situate in the county for
which the court is held. (a)
SEC. 3. The lien of a judgment or decree shall extend
[as well] to the real estate acquired after the rendition thereof,
as to that which was owned when the judgment or decree
was rendered. Liens shall commence on the day of the ren-
mence, when. dition of the judgment, and shall continue for three years,
To
Com
-
A memorandum at the foot of a
(a) Vide, Russell v. Geyer, 4 Mo. Rep., 384; Armstrong v. Prewitt, 5
Mo. Rep., 476; Friar v. Ray, Ibid, 510.
judgment is no part of it. Fugate v. Glasscock, 7 Mo. Rep., 577; Bunding
v. Miller, 10 Mo. Rep., 445. If an execution be issued upon a judgment,
and levied while the judgment is a lien upon real estate, the effect of this
is to continue the lien and its priority until the writ is executed, although,
before it is executed, the time during which the judgment is a lien had
elapsed. The Bank of Missouri v. Wells & Bates, 12 Mo. Rep., 361. Vide,
Kennerly v. Shepley, 15 Mo. Rep., 640. A bona fide purchaser of property
who has failed to record his deed until after a judgment has been recovered
against his vendor, but who records it prior to any sale under the judgment,
can hold it against the person purchasing under the judgment. (Vide,
Jones v. Luck, 7 Mo. Rep., 551; Hill v. Paul, 8 Mo. Rep., 479; Reed v.
Austin, 9 Mo. Rep., 713; Frothingham v. Stacker, 11 Mo. Rep., 77.) Davis
v. Ownsby, 14 Mo. Rep., 170; Valentine v. Harener, 20 Mo. Rep., 133.
JUDGMENTS.
903
CHAP. 87.
subject to be revived as hereinafter provided; but when two
or more judgments or decrees are rendered at the same term,
as between the parties entitled to such judgments or decrees,
the lien shall commence on the last day of the term at which
they are rendered. (a)
SEC. 4.-The plaintiff, or his legal representatives, may,
at any time within ten years, sue out a scire facias to revive
a judgment and lien, but after the expiration of ten years
from the rendition of the judgment, no scire facias shall
issue. (b)
SEC. 5.If a scire facias be issued after the expiration
of the lien, and a judgment of revival is afterwards ren-
dered, such revival sh 11 only take effect from the rendition
thereof, and shall not prevail over intermediate incumbrances.
SEC. 6. If a scire facias is issued to revive a judgment
and lien, before the expiration of the lien, and a judgment
of revival is afterwards rendered, although it may be after the
expiration of the lien, yet the said lien shall prevail over all
intermediate incumbrances.
SEC. 7. The scire facias shall be served on the defend-
ant, or his legal representatives, terre-tenants, or other per-
sons occupying the land, and be directed to, and executed in,
any county in this State.
SEC. 8.—If the defendant cannot be found, the court may
make an order, setting forth briefly the nature of the case,
and requiring all persons interested to show cause, at the
next term of such court, why such judgment or decree should
not be revived, and the lien continued.
SEC. 9.—The order shall be published in some newspaper
printed in this State, for three weeks, the last insertion to be
two weeks before the commencement of the term at which
the parties are required to appear.
Scire facias
to revive, may
issue, when.
Judgment
of revival to
from rendition
take effect
thereof.
New section.
Scire facias
before, and
judgment af-
ter, expira-
effect of.
tion of lien,
Scire facias,
how served.
If defendant
cannot be
found, order
of publication
to be made.
Order, how
and where
published.
tion, &c.,
SEC. 10.—If, upon the service of the scire facias or publica- On service
tion as aforesaid, the defendant, or any of his creditors, door publica-
not appear and show cause against reviving the judgment or judgment to
decree, the same shall be revived, and the lien continued for be revived.
another period of two years, and so on, from time to time, as
often as may be necessary.
(a) Vide, Chouteau v. Nuckolls, 20 Mo. Rep., 442.
(b) Vide, Caldwell v. Lɔckridge, 9 Mo. Rep., 358.
B VOL. II.
904
JUDGMENTS.
Execution
may issue,
when.
Judgment
may be en-
CHAP. 87.
SEC. 11. — Execution may issue upon a judgment at any
time during the existence of the lien.
SEC. 12. The party in whose favor judgment is given
forced by ex- may, at any time within five years after the entry of judg-
ment, enforce the same by execution.
ecution, when.
It shall not
issue without
when.
Notice to be
given.
SEC. 13. After the lapse of five years, and within ten
leave of court, years, from the entry of the judgment, where there is no lien
in existence, an execution may be issued only by leave of the
court, on motion, with notice to the adverse party. Such
leave shall not be given, unless it be established by the oath
of the party, or other proof, that the judgment, or some part
thereof, remains unsatisfied and due. If any part appear
to have been satisfied or paid, it shall be so endorsed on the
execution, and the remainder only collected.
Proceedings.
Acts 1849,
p. 92.
Notice to be
and served,
how.
SEC. 14. Such notice shall be in writing, setting forth
in writing, the object of the motion, and served on the adverse party, if
within the State, at least ten days before he is required to
appear, or to his known agent or attorney, if has any in the
Acts 1849, State. If he does not reside in the State, and has no known
p. 92.
agent or attorney therein, notice shall be put up in like time,
in the office of the clerk of the court in which the judgment
was rendered.
Effect of sale
of land under
SEC. 15. — The sale of lands under a junior judgment or
junior judg- decree, shall pass the title of the defendant, subject to the
lien of all prior judgments and decrees then in force.
ment, &c.
Proceeds,
SEC. 16. The money arising from such sale shall be ap-
how applied. plied to the payment of the judgment or decree under which
it may have been made.
If one or
more plain-
tiffs die, judg-
ment
sur-
vives, when to
the executor
or administra-
tor, and when
to the heir.
In whose
name revived,
&c.
SEC. 17.-If one or more plaintiffs in a judgment or de-
cree shall die before the same is satisfied or carried into ef-
fect, the judgment or decree, if concerning the personalty,
shall survive to the executors or administrators of such de-
ceased party; and if concerning real estate, to his or their
heirs or devisees; and execution may be sued out, in the
name of the surviving plaintiff or plaintiffs, or legal repre-
sentatives of the deceased plaintiff, for the benefit of him-
self or themselves, and the legal representatives of the de-
ceased party; or the judgment or decree may be revived, in
the name of such legal representatives and the surviving
plaintiffs, and execution sued out by them jointly.
JUDGMENTS.
905
อ
CHAP. 87.

If several
defendants,
and some die,
&c., concern-
ing real estate
survives, and
against whom.
How revived.
concerning
personalty,
against whom
&c. How re-
If
it survives,
vived.
SEC. 18.—When there are several defendants in a judg-
ment or decree, and some of them die before the same is
satisfied, or carried into effect, the judgment or decree, if judgment,
concerning real estate, shall survive against his or their heirs
or devisees, and execution may issue against any surviving
defendant or defendants; or such judgment or decree may be
revived by the heirs or devisees of any, or all such deceased
defendants, by scire facias, and execution may be sued out
against the surviving defendant or defendants, and the heirs
or devisees of such deceased defendants, or such of them ast
are made parties jointly; but if such judgment or decree
concern the personalty, execution shall be sued out only
against the surviving defendant or defendants; and if the lien
of the judgment or decree has not expired, it shall be exhi-
bited in the county court for allowance, as other demands
against the deceased defendant or defendants' estate; but if
the lien has expired, the judgment or decree shall be revived
against the executors or administrators of the deceased de-
fendant or defendants, and then shall be proceeded with as
herein before directed.
If defendant
die after levy
of execution
sheriff shall
not execute,
but return it,
&c.
SEC. 19.—If any defendant shall die after his real estate
shall have been seized on execution, the service thereof shall
not be completed, but the sheriff shall return the execution, on real estate,
together with the fact of the defendant's death, which shall
be a sufficient indemnity to him for his failure to proceed.
SEC. 20.-If an executor or administrator be plaintiff or
defendant in a judgment or decree, and shall die, resign or
be dismissed, before the same is satisfied or carried into effect,
the judgment or decree may be served by or against the ad-
ministrator de bonis non, in the manner aforesaid.
SEC. 21.When any judgment or decree is satisfied other-
wise than by execution, the party in whose favor the same
was rendered shall immediately thereafter enter an acknow-
ledgment of satisfaction thereof in the court where the same
was obtained, or before the clerk of such court in vacation.
SEC. 22.— Satisfaction may be entered by the plaintiff in
person, by his attorney of record, or by his agent, duly au-
thorized in writing, under the hand of the plaintiff.
SEC. 23.-If the acknowledgment is made in court, it
shall be entered of record; but if made before the clerk in
Judgment
may be reviv-
ed against the
administrator
de bonis non,
when.
Acknowledg
faction to be
entered, when.
ment of satis-
By whom to
be entered.
court, to be
entered of re-
cord, &c.
If made in
906
JUDGMENTS.
Q
If made by
agent, his au-
thority to be
filed.
Effect of ac-
knowledg
ment.
If party re-
ceiving satis-
CHAP. 87.

vacation, it shall be entered on the minutes, signed by the
party making it, and attested by the clerk.
SEC. 24. When made by an agent, his authority shall be
filed in the office of the clerk of the court where the acknow-
ledgment is made.
SEO. 25.-The acknowledgment so made shall forever
discharge and release the judgment or decree.
SEC. 26. If a person receiving satisfaction of a judg-
faction refusement or decree, shall refuse, within a reasonable time after
to acknow- request of the party interested therein, to acknowledge satis-
ledge, pro-
ceedings.
faction on the record, or cause the same to be done in the
manner pointed out by this act, the person so interested may,
on notice given, apply to the court to have the same done. (a)
SEC. 27. The court may thereupon order the satisfac-
tion to be entered by the clerk, with the like effect as if ac-
knowledged as aforesaid.
SEC. 28.
Court may
order satisfac-
tion to be en-
tered, when.
Costs, how
recovered.
Clerks to
leave a space
The costs attending such acknowledgment
shall be recovered of the party refusing, by fee-bill, as in
other cases.
SEC. 29.-The clerks of courts of record, in recording
in record for judgments or decrees, shall leave a space or margin on the
entering sa record, for entering a memorandum of the satisfaction or
vacation of such judgment or decree.
tisfaction.
What en-
tries shall be
made by clerk,
in satisfaction
of judgment.
Clerks to
keep dockets
SEC. 30.-When satisfaction of a judgment or decree shall
be acknowledged or entered by order of the court, or satis-
faction shall be made by execution, or such judgment or
decree shall be vacated, the clerk shall enter upon the margin
of the judgment or decree a memorandum of the disposition
thereof, the date, the book and page, in which the evidence is
entered or recorded.
SEC. 31.—The clerks of courts of record shall keep in
of judgments. their respective offices a well-bound book, for entering therein
an alphabetical docket of all judgments and decrees.
Entries they
shall make
therein.
SEC. 32. They shall, during every term, or within thirty
days thereafter, enter in such docket all final judgments and
decrees rendered at such term, in alphabetical order, by the
name of the person against whom the judgment or decree was
entered; and if the judgment or decree be against several
(a) Cassell v. Fagin, 11 Mo. Rep., 207.
•
JUDGMENTS.
907
CHAP. 87.
persons, it shall be docketed in the name of each person
against whom it was recovered, in the alphabetical order of
their names respectively.
What such
docket shall
SEC. 33. — Such docket shall contain, in columns ruled
for that purpose: First, The names of the parties; Second, contain.
The date; Third, The nature of the judgment or decree;
Fourth, The amount of debt, damages and costs; Fifth,
The book and page in which it is entered; Sixth, A column
for entering a note of the satisfaction, or other disposition,
thereof.
SEC. 34. — Transcripts of judgments or decrees of the
Supreme Court shall, so soon as they are filed in the office of
the clerk of the circuit court, or other inferior court, be
entered in the said docket.
SEC. 35. Any clerk failing to comply with the provisions
of any of the five preceding sections, or who shall fail to
enter in said docket, within the time required, the judgments
of justices' courts, transcripts of which have been filed in his
office, shall forfeit and pay to the party who is, or may be,
injured thereby, the sum of one hundred dollars, to be re-
covered by civil action.
any
Transcripts
of judgments
of Supreme
Court to be
entered there-
OD.
Clerk to for-
feit one hun-
dred dollars,
if he fail to
comply with
the preceding
sections, &c.
Copy of de-
cree of con-
veyance of
real estate to
be recorded,
where and
when. Effect
of failure.
SEC. 36. — In all cases where any court of record shall
adjudge or decree a conveyance of real estate, or that
real estate pass, the party in whose favor the judgment or
decree is rendered shall cause a copy thereof to be recorded
in the office of the recorder of the county wherein the lands
passed, or to be conveyed, lie, within eight months after such
judgment or decree is entered; and if such judgment or de-
cree be not so recorded, it shall not be valid, except between
the parties thereto, and such as have actual notice thereof.
SEC. 37.-Nothing contained in the preceding section
shall be so construed as to require a party to record a judg- when.
ment or decree, when a conveyance has been executed in
pursuance thereof, and acknowledged or proved, and de-
posited for record in the proper office within the time therein
limited.
SEC. 38.-Judgments of courts of record and judgments
obtained before justices of the peace, for the recovery of
money, may be assigned, in writing, by the plaintiff and the
assignees thereof successively, which assignment shall be on,
or attached to, the judgment, and attested by the clerk of the
Not to be
recorded,
Judgments
may be as
how. Effect
signed, and
of assign-
ment.
New section.
908
JUDGMENTS.
Payments
to the assign-
or to be valid,
until, &c.
Execution
to issue, how.
Assignee to
have right of
action.
Delivery
bonds, &c.;
all other pro-
ceedings, how
conducted.
CHAP. 87.
court or justice of the peace, and, when so made and attested,
shall vest the title to such judgment in each assignee thereof
successively. (a)
SEC. 39.-Payments or satisfaction on such judgment to
the assignor shall be valid, if made before notice of assign-
ment to the judgment debtor, but not otherwise. (b)
SEC. 40. In case of assignment, execution shall issue in
the name of the original plaintiff, but shall be endorsed by
the clerk or justice to be for the use of the assignee.
SEC. 41.—Any action which the plaintiff in such judg-
ment might have thereon, may be maintained in the name of
the assignee.
SEC. 42.-Bonds for the delivery of property, levied upon
by virtue of such execution, shall be to the judgment plain-
tiff, for the use of such assignee; and all suits and proceed-
ings relating to such judgment, or against any officer on his
New section. bond for neglect of duty relating thereto, may be against,
or upon the complaint of, such assignee, as the case may
require.
Construc-
tion of the
term "real
estate."
SEC. 43. — The term "real estate," as used in this act,
shall be construed to include all estate and interest in lands,
tenements and hereditaments, liable to be sold upon execution.
Approved December 1, 1855.
(a) The owner of a judgment cannot assign to another a part thereof,
without the consent of the debtor. Love v. Fairfield, 13 Mo. Rep., 300.
Vide, Garland v. Harrison, 17 Mo. Rep., 282.
(b) A judgment debtor will be protected in paying to the plaintiff in the
judgment, as against an assignee, who has given no notice of the assign-
Frissell & Johnson v. Haile, 18 Mo. Rep., 18.
ment.
JURORS.
909
CHAP. 88.
CHAPTER LXXXVIII.
JURORS.
AN ACT CONCERNING GRAND AND PETIT JURORS.
ARTICLE I.-OF THE GENERAL PROVISIONS CONCERNING JURORS.
II. OF SPECIAL PROVISIONS CONCERNING JURORS.
ARTICLE I.
OF THE GENERAL PROVISIONS CONCERNING JURORS.
1. Jurors to be summoned and | 19. Service of juries to be equal-
empanneled, and petit jurors
to be paid, how.
2. Courts may order jurors to be
summoned.
3. Qualifications of jurors.
4. Grand jurors to be summoned
six days before the term;
how and by whom.
5. Grand jurors to be selected
from the different townships,
how.
6. In case of non-attendance of
grand juror, &c., another
may be sworn.
7. Grand juror may be indicted
by the jury of which he is a
member; proceedings.
8. Grand or petit juror may be
challenged or discharged,
when.
9. Exception not to be taken after
the jury are sworn.
10. Persons exempt from serving.
11. Grand jurors exempt from
serving on petit jury during
same term.
12. Penalty for non-attendance.
13. Compensation of grand jurors.
14. Clerk to keep an account of
service of grand jurors, &c.,
on application. To be veri-
fied by the affidavit of the
juror.
15. On demand, clerk to give juror
scrip for the amount, &c.
16. Fees of clerks in such cases.
17. Such scrip to be paid as
county warrants; officers au-
thorized to receive them for
county debts.
18. Jurors to appear, where. List
of grand jurors to be given
to clerk by sheriff.
ized; certain persons to be
avoided.
20. Who shall not be sworn as
jurors.
21. Oath to be administered to the
sheriff and all deputies in
open court, and before any
juror shall be empanneled.
Form of the oath.
lf
22. In civil cases, either party may
challenge three jurors.
there be more than one plain-
tiff or defendant, they shall
join in their challenges.
23. In civil cases, eighteen quali-
fied jurors to be summoned;
in appeal cases, how many.
24. Court may order special jury
of twenty-four in civil cases.
25. If the panel is exhausted, the
court to order others to be
summoned.
26. Peremptory challenges not to
be made, till a panel of com-
petent jurors be obtained.
27. Names of jurors to be listed;
what names to be stricken
off, and who compose the
jury.
28. Compensation of petit jurors.
29. To be taxed and paid as other
costs; when a juror shall not
be allowed compensation.
30. Forfeiture of one hundred dol-
lars on any officer for re-
ceiving reward, &c., for ex-
cusing a person from serving
on a jury.
31. Penalty on any officer for fail-
ure of duty; such failure to
be no objection to any juror,
unless, &c., nor to a verdict
rendered by him.
910
JURORS.
CHAP. 88.
Jurors to
be summoned
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.-Grand and petit jurors shall be summoned and
and empan- empanneled, and petit jurors shall be paid, as provided in
neled, and this article, unless otherwise ordered by the proper court, as
petit jurors to
be paid, how. provided in section one of the second article of this act.
Courts may
order jurors
to be sum-
moned.
Qualifica-
tions
jurors.
-
o f
Grand ju-
rors to be
SEC. 2. All courts before whom jurors are required
may order the sheriff or other officer to summon a sufficient
number of jurors.
SEC. 3.-Every juror, grand or petit, shall be a free
white citizen of this State, resident in the county, sober and
judicious, of good reputation, over twenty-one years of age,
and otherwise qualified.
SEC. 4.Every grand juror shall be summoned by the
summoned, sheriff or other officer, either personally, or by a writing left
when, how at the dwelling-house of said juror, six days, at least, before
the first day of the court.
and by whom.
Grand ju-
rors to be
SEC. 5. It shall be the duty of the sheriff or other officer,
selected from in summoning grand jurors, to select them from the different
the different townships in his county, in the proportion, as near as practi-
cable, that the free white population of such townships bear
to each other.
townships,
how.
Grand ju-
ror not attend-
SEC. 6. In case of the non-attendance of any grand
ing, another juror, after he shall have been qualified, the court may cause
may be sworn. another to be sworn.
Grand juror
may be in-
dicted by the
jury of which
ber; proceed
he is a mem-
ings.
Grand or pe-
tit juror may
SEC. 7.—Any grand juror may be indicted or presented
by the grand jury of which he is a member; but when any
complaint shall be made against a grand juror, the foreman
shall inform the prosecuting attorney of the fact, and if, on
examination, there are grounds for proceeding against such
juror, he shall inform the court thereof, and the court shall
discharge the juror, and cause another to be sworn, if ne-
cessary.
SEC. 8.-If any person be summoned as a grand or petit
be challenged juror, who is not qualified as required by law, he may be
or discharged, challenged and discharged, upon such challenge being verified
according to law, or by his own oath.
when.
Exception
not to be tak-
en, when.
SEC. 9.- No exception to a juror, on account of his citi-
zenship, non-residence, state or age, or other legal disability,
Persons ex- shall be allowed after the jury are [is] sworn.
empt from
serving.
SEC. 10.-No person exercising the functions of a cler-
JURORS.
911
CHAP. 88.
gyman, practitioner of physic, attorney at law, clerk or other
officer of the court, ferry-keeper, postmasters, overseers of
roads, coroner, constable, or judge of a court of record, or
any person over the age of sixty-five years, shall be com-
pelled to serve on a jury.
SEC. 11. — Grand jurors shall not be compelled to serve
on a petit jury during the same term.
SEC. 12.-A person summoned as a grand or petit juror,
and failing to attend, shall be fined not exceeding ten dollars,
unless a satisfactory excuse be offered.
SEC. 13. Each grand juror shall receive one dollar for
every day he may actually serve as such, and five cents for
every mile he may necessarily travel, in going from his place
of residence to the court-house, and returning to the same,
to be paid out of the county treasury.
SEC. 14. The clerk of the court shall keep a book, in
which he shall enter, upon the application of each grand
juror, the number of days such grand juror shall have served
as such, and the number of miles necessarily traveled, in
obedience to the summons, to serve on the grand jury, and
such entry shall be verified by the oath of such juror.
SEC. 15. - Upon the demand of such grand juror, the
clerk shall give him a scrip, verified by his official signature,
showing the amount which such juror is entitled to receive
out of the county treasury.
Grand jurors
exempt, when.
Penalty for
non-attend-
ance.
Compensa-
tion of grand
jurors.
an account of
of
Clerk to keep
service
grand jurors,
&c., on appli-
cation; to be
verified by the
affidavit of the
juror.
On demand,
clerk to give
juror scrip for
the amount,
&c.
Fees of
clerks in such
cases.
Scrip to be
ficers to re-
SEC. 16.The clerk shall receive one dollar and fifty
cents for his services at each term of the court, in comply-
ing with the provisions of the [two] next preceding sections.
SEC. 17.-The treasurer of the county is hereby required,
upon the production to him of any scrip, given by the clerk paid, how; of-
aforesaid, to pay the same out of any money in the trea-ceive scrip for
sury appropriated for county expenses, in the same manner,
county debts.
and subject to the same rules, as county warrants; and said
scrip shall be received by the sheriff, collector, or other
proper officer, in the payment of any debt due the county.
SEC. 18. — Jurors shall appear on the first day of the term
for which they were summoned, at ten o'clock in the fore-
noon, or at such other time as they may have been summoned
to appear; and the sheriff shall furnish the clerk with a list
of the names of the jurors so summoned to serve as grand
jurors.
B VOL. II. —2
Jurors to ap-
pear, where;
list of grand
jurors to be
given to clerk
by sheriff.
3
912
JURORS.
juries to be
CHAP. 88.
Service of SEC. 19.—Service on juries shall be equalized, as nearly
equalized; cer- as practicable, among the citizens liable to be summoned on
tain persons juries; and officers shall not summon as jurors, persons of
ill fame, habitual idlers and vagabonds, and those who are
under the undue influence of either party.
not to be sum-
moned.
Who shall
not be sworn
as jurors.
Oath to be
administered
SEC. 20. No witness, or person summoned as a witness,
in
any civil cause, and no person who has formed or expressed
an opinion concerning the matter, or any material fact in
controversy in any such cause, which may influence the judg-
ment of such person, or who is of kin to either party to any
such cause, within the fourth degree of consanguinity or
affinity, shall be sworn as a juror in the same cause.
SEC. 21. The clerk of the court shall, in open court, and
to the sheriff before any jury shall be empanneled, administer to the sheriff
and deputies, and all his deputies, the following oath: "You, and each of
when. Form you, do solemnly swear, (or affirm, as the case may be,) that,
where and
of the oath.
In civil ca-
ses, either
three jurors,
&c.
in summoning jurors to be returned to this court, and in
executing every writ and precept which has or shall come to
your hands for the return of jurors, you, and each of you,
have used, and will use, the utmost diligence to summon and
return as jurors, sober and judicious persons, of good repu-
tation, and qualified by the laws of this State to serve as
jurors, and that you have not summoned or returned, and will
not summon or return, any person who, in your judgment, will
be influenced, in determining any of the matters which shall
come before him as a juror, by hatred, malice, or ill-will,
fear, favor or affection, or by any partiality whatever, and that
you have not summoned or returned, and will not summon or
return, as a juror, any person who, in your opinion, or to your
knowledge, has been solicited to be returned upon the pannel
of jurors."
SEC. 22. — In civil trials, either party is entitled to chal-
party may lenge, peremptorily, three jurors; but when there are several
challenge plaintiffs or defendants, they shall join in their challenges, and
the plaintiff shall, in all cases, announce his challenge first.
SEC. 23. — There shall be summoned and returned, in civil
jurors to be cases, eighteen qualified jurors; but in appeal cases, the
summoned; number shall be the same as allowed, by law, in the courts
from which the appeals are taken, and the number of peremp-
Court may tory challenges in addition.
In civil ca-
ses, qualified
how many.
order special
jury.
SEC. 24. — All courts before whom juries are required
1
JURORS.
913
CHAP. 88.
have the power to order a special jury of twenty-four, for
the trial of any civil cause, and, when ordered, the sheriff
shall summons them according to the order of the court, and
make out and deliver to each party, or his attorney, a panel
of the jury so summoned.
SEC. 25. If a panel be exhausted, by challenge or
25.-If
otherwise, before the jury is sworn, the court shall order the
sheriff to summon a sufficient number of other jurors to
complete the jury.
SEC. 26.-No party shall be required to make peremptory
challenges, before a panel of competent jurors, equal to the
number of peremptory challenges of both parties, and twelve
in addition, shall be obtained.
SEC. 27. The sheriff, or other officer summoning a jury,
shall deliver to the clerk a list of the names of all jurors
summoned, who shall strike from such list the names of all
persons excused by the court, or challenged for cause, or
peremptorily challenged by the parties, and he shall record
in his minute book the first twelve names remaining on the
list, and the jurors whose names are thus recorded shall be
the jury to try the cause for which they are selected.
SEC. 28. Each juror serving in a trial of any civil or
criminal case in a court of record, shall be entitled to re-
ceive the sum of fifty cents for his services in each case he
may so serve; but jurors serving in more than one case in
the same day, at the same place, shall only be allowed fees
in one case; and in all cases where a juror shall be detained
more than one day in the same case, he shall be allowed the
sum of one dollar for each additional day he may thus be
detained.
SEC. 29. The fees allowed to jurors in the last preced-
ing section, shall be taxed and collected as other costs in the
case; and any juror who shall claim fees for serving in two
or more cases, on the same day, at the same place, shall not
be allowed fees for that day.
Court to or-
der other ju-
rors to be
summoned.
Peremptory
challenges not
till, when.
to be made
Names of
listed; what
jurors to be
names to be
stricken off,
and who shall
compose the
jury.
Compensa-
tion of petit
jurors.
To be taxed
as costs; when
a juror shall
not be allowed
compensation.
Penalty on
any officer for
receiving re-
ward, &c., for
excusing a
person from
SEC. 30.—If any civil officer, directly or indirectly, take,
accept or receive, any money, reward or other thing, to ex-
cuse any person from serving, or being returned to serve, on
any jury, he shall be deemed guilty of a misdemeanor, and
shall, upon conviction by indictment, be fined one hundred serving on a
dollars.
jury.
914
JURORS.
Penalty on
any officer for
failure to be
CHAP. 88.
SEC. 31.-Every officer who shall fail to perform any
failure of duty assigned him by this act, shall be adjudged guilty of a
duty; such misdemeanor, and shall, upon conviction, be fined not less
no objection to than five, nor more than one hundred dollars; but such failure
any juror, un- shall be no ground of objection to any juror, unless such ob-
to a verdict jection is made before such juror be sworn, nor shall it be any
rendered by objection to the verdict rendered by such juror.
less, &c., nor
him.
Jurors shall
and paid, as
this article,
when.
ARTICLE II.
OF SPECIAL PROVISIONS CONCERNING JURORS.
? 1. Jurors shall be summoned, em- | 3 10. In suits originating in, or
panneled, and paid as pro-
vided by this article, when.
2. Panel of forty men to be sum-
moned, when and for what
court. Panels of twenty-
four men to be summoned,
when and for what courts.
3. Grand jury to consist of six-
teen persons, to be selected,
how.
4. Petit juries obtained in crimi-
nal cases, how
5. In civil cases, how.
6. Names of jurors not present,
to be returned into box, &c.
7. Jurors not attending, not to be
considered jurors, when; nor
to receive compensation; she-
riff to be ordered to fill the
panel from the bystanders.
8. Court may order bystanders to
be summoned as jurors for
particular cases, or to fill va-
cancies of standing jurors
excused.
9. Jury trials to have preference
in the order of business; mo-
tions and other business to
be docketed or continued for
hearing, when.
brought to, such court by
venue, a jury fee of four dol-
lars, and in appeal cases, a
like fee of two dollars, shall
be taxed and collected as
other costs.
11. All such fees shall be paid into
the county treasury; clerk of
county court to keep an ac-
count of such fees, when and
how, and against whom.
12. Jury to be discharged, when;
clerk to keep an account of
the mileage and per diem of
each juror; same to be veri-
fied by oath of the juror.
13. Compensation of petit jurors;
clerk to give each juror a
scrip, showing the amount he
is entitled to, which is to be
paid out of the county trea-
sury.
14. Compensation of clerk for ser-
vices in issuing scrip to petit
jurors.
15. Special act now in force, con-
cerning the manner of select-
ing grand juries in the county
of Cass, not repealed by this
act.
SECTION 1.— Whenever courts exercising criminal juris-
be summoned, diction in this State shall deem it expedient, and not preju-
empanneled dicial to the interests of the citizens of their respective coun-
provided by ties, such courts shall order that grand and petit jurors bet
summoned, empanneled and paid, as provided by this article;
and whenever the Circuit Court of St. Louis county, the St.
Louis Land Court, or the St. Louis Court of Common Pleas,
shall deem it expedient and not prejudicial to the interests of
the citizens of St. Louis county, such court shall order that
petit jurors be summoned, empanneled and paid, as provided
JURORS.
915
3
CHAP. 88.
by this article; and such courts shall have power to rescind
such orders, whenever they shall deem it proper to do so;
but, so long as such orders shall continue in force and unre-
scinded, so much of the first article of this act as relates
to the summoning, empanneling, and pay of jurors, as is
in conflict with the provisions of this article, shall not be
enforced.
SEC. 2. The sheriff, or other proper officer, of the county
in which such order shall be in force, shall, at least twenty
days before each term of the court exercising criminal juris-
diction to be holden in such county, summon forty men,
qualified by law to serve as grand and petit jurors, until dis-
charged by the court; and shall, in like time, before each
term of the Circuit Court of St. Louis county, of the St.
Louis Land Court, and of the Court of Common Pleas of St.
Louis county, summon twenty-four men, qualified by law to
serve as petit jurors, until discharged by the court.
Panel of
be summoned,
forty men to
when and for
panels
twenty-four
what court;
of
men to be sum-
moned, when
and for what
courts.
Grand jury
to consist of
sixteen per-
SEC. 3.—The grand jury shall consist of sixteen persons;
and the clerk, under the direction of the court, shall first ap-
portion the grand jurors amongst the several townships of sons; to be se-
the county, so that the amount [number] to be taken from lected, how.
each shall, as near as practicable, be in proportion to the free
population thereof; and the names of the jurors summoned
by the sheriff, or other proper officer, from each township, as
aforesaid, shall be written on separate pieces of paper, rolled
up, and placed in the ballot-box, to be provided and kept by
the clerk for that purpose, thence to be drawn, one by one, by
the clerk, under the direction of the court, and noted on the
minute-book as drawn, until the number apportioned to each
township shall be drawn, and so on of each township, until
the full number shall be obtained; and the names of the
jurors not drawn for the grand jury, shall be replaced in the
ballot-box, to be drawn as petit jurors.
SEC. 4.In all criminal cases in which a petit jury shall
be required, such jury shall be chosen as follows:
Petit jury
obtained in
criminal case,
First, The judge of the court shall ascertain the number how.
of peremptory challenges each party is entitled to, and if
there be as many names of jurors in such box as shall be
equal to the number of peremptory challenges, and twelve in
addition, the court shall order the clerk to draw and list,
one under the other, in the order in which they are drawn
916
JURORS.
obtained in
how.
CHAP. 88.
Petit jury from the box, as many names as shall be equal to the number
criminal case, of peremptory challenges so ascertained, and twelve in addi-
tion. A copy of such list of jurors shall, in all cases re-
quired by law, and in all other cases, if required by either
party, be delivered to each party or his attorney; and there-
upon the court shall cause the jurors listed, to be sworn and
examined as to their competency. If all are found to be com-
petent, the State shall announce her challenges, if any; and
afterwards, the defence. If twelve jurors shall remain unchal-
lenged, the clerk shall set down on his minute-book, the first
twelve names remaining on the list; and the jurors whose
names are thus recorded, shall be the jury to try the cause
for which they are selected.
Second, If some of the jurors listed shall be found to be
incompetent, the court shall cause other names to be drawn
from the box and listed, and the competency of the jurors
ascertained as above directed, until the proper number of
competent jurors shall be had, or all the names in the jury
box be drawn, whichever may first happen. If all the names
be drawn from the box without completing a panel of com-
petent jurors, the names of such as are incompetent shall be
returned into the box and stricken from the list, and by-
standers, or others, shall be summoned as hereinafter directed,
and their competency ascertained in like manner as other
jurors. All found to be competent shall be added to the end
of the list, till the proper number of competent jurors shall
be had, when the challenges shall be announced and the jury
ascertained, and their names recorded, as directed in the first
subdivision of this section.
Third, If there be not as many names of jurors in such
box as shall be equal to the number of peremptory challenges,
and twelve in addition, the court shall cause the names of all
the jurors to be listed, and their competency ascertained, as
directed in the first subdivision of this section. The court
shall cause the names of such as shall be found to be incom-
petent, if any, to be returned into the box and stricken from
the lists, as directed in the second subdivision of this section;
and shall order as many bystanders, or others, to be summoned
and returned as jurors as shall, with those found to be com-
petent, be equal to the number of challenges the parties are
entitled to [and twelve in addition;] and the names of such
:..
JURORS.
917
CHAP. 88.
new jurors as shall be ascertained to be competent, shall be
listed as directed, and the court shall proceed in like manner,
in all respects, till a panel of competent jurors shall be had,
equal to the number of peremptory challenges, and twelve in
addition. At the proper time, the challenges shall be an-
nounced, the jury ascertained, and their names recorded, as
directed in this section. (a)
SEC. 5.--In civil cases in which a jury may be re-
quired, the court shall cause the jury to be selected, as near
as may be, in all respects, as provided by the last preceding
section.
SEC. 6. If the name of any juror not present shall be
drawn, or any other person summoned, and his presence can-
not be conveniently had, his name shall be returned into the
box, or passed over, as if his name were not drawn, or he not
summoned.
SEC. 7.—If any of the jurors summoned as directed in
the first section of this article, shall fail to attend before a
petit jury be wanting, the sheriff, by order of the court, shall
summon so many bystanders, or others, as will complete the
number of twenty-four; and those first summoned, and who
shall fail to attend, shall no longer be considered as jurors
for that term, and shall receive no compensation for their
attendance.
SEC. 8.—The court may, as often as it may be deemed
necessary, direct so many bystanders to be summoned as ju-
rors for the particular case, over and above the standing
number of twenty-four, as may be required; and if, for any
cause, a standing juror shall be excused by the court, the
sheriff shall summon another to fill such vacancy, if ordered
by the court.
In civil
cases, how.
Names of
jurors not
present, how
disposed of.
Jurors, when
sidered ju-
rors, nor to
not to be con-
receive com-
pensation.
Sheriff to fill
bystanders.
pannel from
Bystanders
to be summon-
ed as jurors,
when.
to have pre-
SEC. 9.—It shall be the duty of the court, so far as it Jury trials
can be done consistently with a due regard to justice, to pre-ference in the
vent any other business from interfering with the progress of order of busi-
jury trials, until all the jury cases of the term are disposed
of; and to that end, the court shall have power to cause all
motions, and other business in which a jury will not be want-
(a) Eberle v. St. Louis Public Schools, 11 Mo. Rep., 247. When a juror
qualifies himself under the statute, and the judge accepts him, the Supreme
Court cannot say that he committed error in accepting him. Baldwin v.
State, 12 Mo. Rep., 223. Vide, State v. Bleekley, 18 Mo. Rep., 428.
and other bu-
siness to be
continued for
ness. Motions
docketed, or
hearing,
when.
918
JURORS:
A jury fee
shall be taxed
and collected
as other costs.
Such fees to
be paid into
and how, and
against whom
CHAP. 88.
ing, to be docketed or continued to such days of the term as
will happen subsequent to those set apart for jury trials.
SEC. 10.—In all suits originating in, or brought to such
Court by change of venue, which shall be tried by a jury,
the clerk shall tax as costs in each case, the sum of four dol-
lars; and in all appeals from other courts, which shall be tried
by a jury, there shall be taxed as costs in each case, the sum
of two dollars, all to be collected as other costs.
SEC. 11.-All costs collected by the sheriff or other officer,
the county which may have been taxed, as provided by the last preceding
treasury. An
account of section, shall be paid into the county treasury of the proper
such fees to county; and the clerk shall, within twenty days after the ad-
be kept, when
journment of each term of court, certify to the clerk of the
county court a list of the jury fees taxed as costs during
such term, under the provisions of this article; and the county
clerk shall, in a book to be provided for such purpose, charge
the sheriff, or other officer charged with the collection of such
jury fees, with all amounts certified to him by such clerk,
and give proper credits, upon satisfactory evidence, of all
amounts paid into the county treasury by such sheriff or
other officer.
Jury dis-
charged,
count of the
per diem of
each juror.
SEC. 12. At the end of each term, (or sooner, if all the
when. Clerk jury cases have been tried,) the court shall discharge the
to keep an ac-panel of jurors summoned and empanneled under the provi-
mileage and sions of this article; and the clerk shall enter, in a book to be
kept by him for that purpose, the number of days which each
claimant may have served, and the number of miles necessa-
rily traveled in obedience to the summons to serve as a juror,
and such entry shall be verified by the oath of such juror.
Compensa-
SEC. 13.- Each juror serving under the provisions of this
tion of petit
juror; to have article, shall receive the same compensation allowed to grand
a scrip show- jurors under the first article of this act; and it shall be the
ing amount
he is entitled duty of the clerk to give to each of such jurors a "scrip,"
to; same to be verified by his official signature, showing the amount which
such juror is entitled to receive for his services aforesaid,
which shall be paid out of any money in the county treasury
appropriated for county expenditures.
paid out of
the county
treasury.
Compensa-
SEC. 14. The clerk shall receive one dollar and fifty
tion of clerk cents for his services, in complying with the provisions of the
such scrip. preceding section, in issuing scrip to petit jurors at each term
for issuing
of the court.
3
JUSTICES OF THE PEACE.
919
CHAP. 89.
act not re-
SEC. 15.-This act shall not be construed to interfere A certain
with or repeal the special act now in force, concerning the pealed by this
manner of selecting a grand jury in the county of Cass, but act.
the same shall remain in force.
Approved December 5, 1855.
CHAPTER LXXXIX.
JUSTICES OF THE PEACE.
AN ACT TO PROVIDE FOR THE ELECTION OF JUSTICES OF THE PEACE, AND
TO PRESCRIBE THEIR POWERS AND DUTIES. (a)
21. Each township, except St. | 18.
Louis, entitled to four jus-
tices.
2. St. Louis township entitled to
two justices for each ward
or district.
3. To keep their offices in the
ward or district for which
they were elected.
4. Extent of powers and duties.
5. Offices vacated by removing
out of ward or district.
6. Who shall not be a justice.
7. Justices in office, to act till the
expiration of their commis-
sions.
8. County court to supply vacan-
cies by appointment, when.
9. Qualifications of a justice.
10. How commissioned; tenure of
office.
11. Elections for, how conducted.
12. In case of a tie, county court
to decide.
13. Certificate of election shall be
given by county court.
14. What the clerk shall endorse
thereon.
15. Justices to take an oath.
16. The certificate and the oath
thereon to be recorded.
17. Clerk to certify to the Governor
the acceptance of the com-
mission, when.
19.
20.
Justice to discharge his duties
on division of township.
Power and jurisdiction of jus-
tices of the peace. To keep
To arrest peace-
the peace.
breakers, &c.
May commit them to prison.
21. Recognizance to be certified to
the circuit court.
22. No justice to act till his com-
mission be recorded.
23.
24.
Penalty for violating preceding
section.
In what cases a justice may
punish for contempt.
25. Such contempts punishable by
fine and imprisonment.
26. No person to be punished till
an opportunity be given him
to be heard in his defence.
27. Record and judgment on con-
viction for contempt.
28. What the warrant of commit-
ment shall set forth.
29. Power of justices to issue sub-
pœnas.
31.
30. May be removed from office
for bribery, perjury, &c.
Resignation of, to be in writing.
32. When a justice resigns, shall
deliver to the clerk all his
dockets, records, &c.
33. The clerk shall give a receipt
therefor.
(a) Hart v. Robinett, 5 Mo. Rep., 11; Amonett v Nicholas. Ibid. 557. An action cannot be
maintained against a judge or justice of the peace, acting judicially, and within the sphere
of his jurisdiction, for any error he may commit, however erroneous his decision, or corrupt
or malicious his motives, (Stone v. Graves. 8 Mo. Rep., 148.) but must be indicted. Lenox
v. Grant, Ibid, 254. This principle does not extend to ministerial acts, performed by a judi-
cial officer. Ibid, 148.
C VOL. II.
920
JUSTICES OF THE PEACE.
Each town-
St. Louis, en-
CHAP. 89.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.- Each municipal township, (except the town-
ship, except ship of St. Louis, in the county of St. Louis,) is entitled to
four justices of the peace, to be elected and commissioned in
the manner hereinafter provided.
titled to four
justices.
St. Louis
township en-
titled to two
justices for
each ward.
SEC. 2.-The township of St. Louis, in the county of St.
Louis, is entitled to two justices of the peace for each ward
in the city of St. Louis, and two for that portion of the town-
ship not included within the city, to be elected, commissioned
and qualified, as other justices, except as hereinafter provided.
SEC. 3. The justices for the township of St. Louis shall
keep their offices, and hold their courts, within the ward or
district for district for which they were respectively elected, which shall
which they
were elected. be designated in their commission.
To keep
their offices in
the ward or
Extent of
powers and
duties.
Office va-
cated by re-
moving out of
ward or dis-
trict.
Who shall
SEC. 4. — Justices elected for the township of St. Louis
shall exercise the powers and perform the duties, throughout
their township, prescribed, by law, in relation to other jus-
tices of the peace.
SEC. 5.
Whenever a justice of the peace of the last-
mentioned township shall remove his office, or place of holding
his courts, out of the ward or district for which he shall be
elected or appointed, his office shall be vacated, and he shall
thereupon proceed as provided, by law, in case of removal
from the township.
SEC. 6. No clerk of the circuit or county court, or the
not be a jus-deputy of either, shall hold or exercise the office of justice of
tice.
To act till
the peace.
SEC. 7.-Each justice of the peace now in office shall
the expiration continue to act as such until the expiration of his commission,
missions. and until his successor is elected and qualified.
of their com-
court to sup-
ply
County SEC. 8.-When a vacancy occurs in the office of justice
Catancies of the peace, the county court of the county in which such
by appoint- vacancy occurs may supply the same, by the appointment of
some person competent and qualified, who shall hold his office
until the next general election of county officers, and until
his successor is elected, commissioned and qualified.
ment, when.
tice.
Qualifica-
SEC. 9.-No person shall be eligible to the office of justice
tions of a jus- of the peace who is not a citizen of the United States, who
shall not have been an inhabitant of this State twelve months,
and of the township for which he is chosen, six months next
JUSTICES OF THE PEACE.
921
CHAP. 89.
before his election, if such township shall have been so long
established, but, if not, then of the township from which the
same shall have been taken.
com-
How
missioned;
SEC. 10.― Justices of the peace are to be commissioned
by the county court, and shall hold their offices for four tenure of
years, and until their successors are elected and qualified.
office.
Elections
SEC. 11. The election of justices of the peace shall, in
all respects, be conducted as other elections, and the returns for, how con-
made as for other State officers.
SEC. 12.-Whenever two or more persons shall have an
equal number of votes for justice of the peace for any town-
ship, or there is a contested election, the county court shall
decide the same.
SEC. 13.- The county courts, as soon as they ascertain
who are elected to act as justices of the peace in their re-
spective counties, shall cause certificates thereof to be made
out, under the seal of the court, signed by the president and
witnessed by the clerk, who shall immediately cause the same
to be delivered to the persons entitled thereto.
ducted.
In case of a
tie, county
cide.
court to de-
Certificate
of election to
be given by
county court,
when.
What the
dorse thereon.
SEC. 14. — The clerk shall endorse on the back of every
certificate, that the person for whom it is intended shall clerk shall en-
qualify, according to law, within twenty days after the receipt
of the same, and, in default thereof, such certificate shall be
void. (a)
Justice to
SEC. 15.-Every justice of the peace shall, within twenty
days after the receipt of his certificate of election, take an take an oath.
oath to support the Constitution of the United States and of
this State, and faithfully demean himself in office.
SEC. 16.-Every person who receives a certificate of elec-
tion as a justice of the peace, shall, within thirty days there-
after, and before entering upon the discharge of his duties,
cause the same, together with the oath required by this act,
endorsed thereon, to be recorded in the office of the clerk of
the county court, which shall be deemed an acceptance of
such appointment, and in case of his failing to do so, it shall
be deemed a refusal thereof.
The certifi-
cate and oath
recorded
thereon to be
Clerk to
certify to Go-
SEC. 17.-The clerk of the county court, when he records.
the certificate of election of any justice of the peace, in the vernor the ac-
(a) Vide, Carpenter v. State, 8 Mo. Rep., 291.
ceptance of
the commis-
sion, &c.
922
JUSTICES OF THE PEACE.
Justice to dis-
charge his du-
ties on divi-
sion of town-
ship, &c.
arrest peace-
CHAP. 89.
manner prescribed in this act, shall certify to the Governor
the acceptance of such commission.
SEC. 18.When a township shall be divided, and any
justice of the peace of the original township shall fall into
the new township, he shall continue to discharge the duties of
justice of the peace until his commission expire, as if the
township had not been divided.
Power and SEC. 19. Justices of the peace shall have power and
jurisdiction of
justices of the jurisdiction throughout their respective counties, as follows:
peace; to keep First, Jointly and severally, to cause to be kept all laws made
the peace; to
for the preservation of the peace; Second, To cause to come
breakers, &c. before them, or any of them, persons who break the peace,
and commit them to jail, or bail them, as the case may re-
quire; Third, To arrest, and cause to come before them, per-
sons who attempt to break the peace, or who are not of good
fame, and compel them to give security for their good behavior,
or to keep the peace, or both.
May com-
mit them to
prison.
Recogni-
zance to be
certified to the
circuit court.
No justice
to act till his
SEC. 20. If such persons refuse to give security, they
shall be committed to prison until they find the same.
SEC. 21.—Every recognizance so taken, for the keeping
the peace or for good behavior, shall be certified to the next
circuit court, or other court of the county having criminal
jurisdiction.
SEC. 22.-No person commissioned as a justice of the
commission be peace shall, under any pretence whatever, be permitted to act
as a justice of the peace until his commission shall have been
recorded.
recorded.
Penalty for
violating pre-
SEC. 23.- Any person who shall act in violation of the
ceding section preceding section, shall, upon conviction thereof, by indict-
ment, be fined not exceeding one hundred dollars.
In what ca-
ses a justice
may punish as
SEC. 24. In the following cases, and in no others, a jus-
tice of the peace may punish, as for contempt, persons guilty
for contempt. of the following acts: First, Disorderly, contemptuous, or
insolent behavior towards such justice, whilst engaged in the
trial of a cause, or in rendering judgment, or in any judicial
proceedings, which shall tend to interrupt such proceedings,
or to impair the respect due to his authority; Second, Any
breach of the peace, noise or other disturbance, tending to
interrupt the official proceedings of such justice; Third, Re-
sistance unlawfully offered by any person, in the presence of
JUSTICES OF THE PEACE.
923
CHAP. 89.
the justice, to the execution of any lawful order or process
made or issued by him.
SEC. 25. — Punishment for contempts, in the foregoing
cases, may be by fine, not exceeding twenty dollars, or by im-
prisonment in the county jail, not exceeding two days, at the
discretion of the justice; but no person shall remain in prison
for the non-payment of such fine.
SEC. 26. No person shall be punished for a contempt be-
fore a justice of the peace, until an opportunity shall have
been given him to be heard in his defence, and for that pur-
pose the justice may issue a warrant to bring the offender
before him.
SEC. 27. — Upon the conviction of any person for a con-
tempt, the justice shall make up a record of the proceedings
thereon, stating, therein the particular circumstances of the
offence, and the judgment rendered therein.
Such con-
tempts pun-
ishable by fine
and imprison-
ment.
No person to
be punished
till an oppor-
tunity be giv-
en to be heard
in defence.
Record and
judgment on
contempt.
conviction for
What the
SEC. 28. The warrant of commitment for a contempt,
shall set forth the particular circumstances of the offence, or warrant of
it shall be void.
SEC. 29.-Justices of the peace have power to issue sub-
pœnas for witnesses, in all cases cognizable before any court
in this State, and in all cases cognizable before justices of
the peace, and in all matters submitted to referees and arbi-
trators, and in all cases where it may be necessary for the
taking of depositions.
SEC. 30. Every justice of the peace who shall be con-
victed of bribery, perjury, or other infamous crime, or con-
victed of any willful misdemeanor in office, by indictment,
shall be removed from office.
SEC. 31.-All resignations of justices of the peace shall
be in writing, and addressed to the county court, or the
clerk thereof in vacation.
SEC. 32. — Whenever a justice of the peace shall resign,
move out of the township, or be otherwise disqualified, he
shall immediately thereafter deliver to the clerk of the
county court, all dockets, records, books, papers and docu-
ments, appertaining to his office, or relating to any suit,
matter or controversy, committed to him in his official ca-
pacity.
commitment
shall set forth.
Power of
justices to is-
sue subpoena.
May be re-
moved from
office.
Resignations
of,, to be in
writing.
When a jus-
tice resigns,
&c., shall de-
liver to clerk
all his dockets,
records, &c.
The clerk
shall give re-
SEC. 33. The clerk of the county court shall give the
person delivering him such docket and papers, a receipt there- ceipt therefor.
924
JUSTICES' COURTS.
CHAP. 90.
for, and shall immediately thereafter cause the same to be de-
livered to some justice of the peace of the township in which
the vacancy happened. (a)
Approved November 19, 1855.
CHAPTER XC.
JUSTICES' COURTS.
AN ACT TO ESTABLISH JUSTICES' COURTS, AND TO REGULATE PROCEEDINGS
ARTICLE
66
،،
THEREIN.
I.—OF THE JURISDICTION OF JUSTICES' COURTS.
II. — OF
III. - OF
IV. — OF
((
V.
66
66
VI.
-
THE COMMENCEMENT OF SUITS, AND THE SERVICE AND
RETURN OF PROCESS.
THE CLAIM AND DELIVERY OF PERSONAL PROPERTY.
THE APPEARANCE AND PLEADINGS OF THE PARTIES, of
ADJOURNMENTS, AND OF CONSOLIDATING ACTIONS.
OF WITNESSES AND DEPOSITIONS.
OF JUDGMENTS OF NONSUIT AND BY DEFAULT, AND OF
TRIALS, AND OF THE REVIVAL OF SUITS.
OF JUDGMENTS AND FILING TRANSCRIPTS THEREOF, AND
OF THE STAY OF EXECUTIONS.
VII.-OF
VIII. - OF EXECUTIONS AND PROCEEDINGS THEREON.
IX.
OF APPEALS AND PROCEEDINGS THEREON IN THE CIRCUIT
COURT.
ARTICLE I.
OF THE JURISDICTION OF JUSTICES' COURTS.
31. Justice of the peace authorized | 7. At what place suit is to be
to hold courts.
2. Actions over which justice has
jurisdiction.
3. Actions where justice and cir-
cuit court have concurrent
jurisdiction in civil cases.
4. Certain actions withdrawn from
justice's jurisdiction.
5. Justice shall have jurisdiction
throughout the county.
6. At what place suit is to be
brought; instances given.
brought by attachment.
8. When several defendants are
jointly liable, where suit shall
be brought.
9.
When no justice in the township,
where suit may be brought.
10.
Dockets to be open to inspec-
tion of persons interested;
copies of dockets and proceed-
ings to be given, when.
11. Penalty upon any justice vio-
lating preceding section.
(a) In order to authenticate, for the purpose of evidence, copies of proceedings had by a
former justice of the peace whose term of office has expired, there must be some proof to
show that the justice who certifies the copy is successor to the one before whom the proceed-
ings were had, and became possessed of his "docket and papers." Halsted v. Brice, 13 Mo.
Rep., 171.
JUSTICES' COURTS.
925
CHAP. 90.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.—Every justice of the peace is authorized to Justices of
the peace au-
hold a court for the trial of all actions in the two next sec-thorized to
tions enumerated, and to hear, try and determine the same, hold courts.
according to law. (a)
SEC. 2. Every justice of the peace shall have jurisdic-
tion over the following actions and proceedings: First, All
actions founded upon contract, when the debt or balance due,
or damages claimed, exclusive of interest, shall not exceed
ninety dollars; (b) Second, Actions for injuries to persons,
or to real or personal property, wherein the damages claimed
shall not exceed twenty dollars; Third, All actions for any
penalty not exceeding ninety dollars, given by any statute of
this State; and, Fourth, To take and enter judgment on the
confession of a defendant, where the amount confessed shall
not exceed the amount for which a justice is authorized to
render judgment in an action. (c)
SEC. 3.- Justices of the peace and the circuit courts
shall have concurrent jurisdiction over the following causes:
First, In all actions founded on contract, when the debt or
balance due, or damages claimed, exclusive of interest, shall
exceed fifty dollars, and not exceed ninety dollars; (d) Second,
(a) In the proceedings of justices' courts, substance, and not form, is re-
garded. Casey v. Clark, 2 Mo. Rep., 12; Myers v. Woolfolk, 3 Ibid, 246;
Thruston v. McClanahan, 5 Ibid, 521. Vide, Mooney v. Williams, 15 Mo.
Rep., 442.
(b) Vide, Floyd v. Wiley, 1 Mo. Rep., 305. A justice of the peace has
jurisdiction of an account for more than ninety dollars, if the balance
claimed be less than that sum, (Buckner v. Armour, 1 Mo. Rep., 534,) but
not of actions on penal bonds, except constables' bonds, when the demand
does not exceed ninety dollars. (See, section thirty, article eight of this
act) Wimer v. Brotherton, 7 Mo. Rep., 264. Nor of actions on notes ex-
ceeding ninety dollars, to be paid in property. Martin v. Chauvin, 7 Mo. Rep,
277. Suits for the recovery of fines imposed for the breaches of the by-laws
of a private corporation, may be brought before justices of the peace, when
the amount sued for is within their jurisdiction. O'Brien v. Union Fire
Company, 7 Mo. Rep., 38. Vide, Morris v. Lenox, 8 Mo. Rep., 252. Where
damages claimed upon a covenant do not exceed ninety dollars, he has ju-
risdiction, although from the covenant itself it may appear that the
damages would greatly exceed that amount. Joyce v. Moore, 10 Mo. Rep.,
271. He has jurisdiction in an action upon a recognizance for an appeal
from the judgment of a justice. Cockrill v. Owen, 10 Mo. Rep., 287. Vide,
Best v. Best, 16 Mo. Rep., 530. A party may give jurisdiction to an infe-
rior court by a voluntary renunciation of a part of his demand. Hempler
v. Schneider, 17 Mo. Rep., 258. Consent of parties cannot confer jurisdic-
tion. Stone v. Corbett, 20 Mo. Rep., 350.
(c) Vide, sections twenty-three, twenty-eight and twenty-nine of article
eight of this act.
(d) In a suit upon a constable's bond, the circuit court and justices of the
Actions and
proceedings
justice has ju-
over which
risdiction.
Concurrent
jurisdiction
with the cir-
cuit court in
civil cases.
926
JUSTICES' COURTS.
CHAP. 90.
In all actions on bonds and notes for the payment of any sum
of money exceeding fifty dollars, exclusive of interest, and
not execeding one hundred and fifty dollars; Third, In all
actions for injuries to persons, or to personal or real property,
wherein the damages claimed shall exceed twenty dollars,
and not exceeding fifty dollars; (a) and, Fourth, All actions
for the recovery of specific personal property not exceeding
Acts 1849, the value of fifty dollars, alleged to be wrongfully detained,
and damages for injuries thereto, or for the taking and deten-
tion, or detention thereof, not exceeding twenty-five dollars.
p. 47.
Not to have
certain cases.
SEC. 4.—No justice of the peace shall have cognizance:
jurisdiction in First, Of any action against any rightful executor or admi-
nistrator; nor, Second, Of any action of slander, malicious
prosecution, or false imprisonment; nor, Third, Of any ac-
tion where the title to any lands or tenements shall come in
question. But if a suit is pending in any justice's court,
against any testator or intestate, at the time of his or her death,
and which, by law, survives, the death of the defendant
shall be suggested, and the justice shall immediately make
an entry thereof on his docket and shall cease all further
proceedings in the cause, and certify and return to the court.
of his county having probate jurisdiction, a transcript of all
the entries made in his docket, in the cause, together with
all the papers relating to the suit and filed therein, in the
same manner and within the same time as upon an appeal;
and, upon the filing of the proceedings and papers in the
office of the clerk, the court shall become possessed of the
cause, and shal proceed as in cases of other demands against
an estate, ten days' previous notice thereof having been given
to the executor or administrator, or such notice having been
waived by him.
Jurisdiction
SEC. 5.—Every justice of the peace shall have jurisdic-
coëxtensive tion coëxtensive with the county for which he shall be elected
or appointed.
with the
county.
peace have concurrent jurisdiction, where the amount claimed does not ex-
ceed ninety dollars. Pollock v. Hudgens, 12 Mo. Rep., 67.
(a) A justice of the peace has jurisdiction of an action against an officer
for an escape, if the sum demanded does not exceed fifty dollars. Lockhart
v. Hays, 1 Mo. Rep., 193. An action of trespass will lie before a justice
of the peace, for trespass committed on lands; but the plaintiff in such ac-
tion can recover single damages only. Papin v. Ruelle, 2 Mo. Rep., 26.
Vide, Talbot v. Greene, 6 Mo. Rep., 458. Justices of the peace have juris-
diction over actions of trover, where the damage claimed does not exceed
fifty dollars. Smith v. Grove, 12 Mo. Rep., 51.
JUSTICES' COURTS.
927
CHAP. 90.
Before
•
whom, and
be
brought; in-
stances
merated.
enu-
Acts 1847,
SEC. 6. Every action cognizable before a justice of the
peace, instituted by summons or warrant, shall be brought when, actions
before some justice of the township, either: First, Wherein shall
the defendants, or one of them, resides; or, Second, Wherein
the plaintiff resides, and the defendants, or one of them, may
be found; Third, if the defendant is a non-resident of the
county in which the plaintiff resides, the action may be
brought before some justice of any township in such county
where the defendant may be found; and, Fourth, If the de-
fendant in any action is a non-resident of the State, or has
absconded from his usual place of abode, the action may be
brought before some justice of any township in this State
where he may be found.
p. 87.
Where suit is
by attach-
ment.
SEC. 7. Every action instituted by attachment shall be
brought before some justice of the township wherein the to be brought
property, credits or effects, of the defendant may be found.
SEC. 8.—If there are several persons jointly liable to a suit,
residing in different townships in the same county, the suit may
be brought in any such township against all such persons.
SEC. 9.—Whenever there shall be no justice within the
township where any suit, cognizable before a justice, ought
to be brought, or wherever all the justices of such township are
interested in any such suit, or otherwise disqualified by law
from trying the same, such suit may be brought before some
justice of any adjoining township in the same county. (a)
SEC. 10. Dockets of justices of the peace shall, at all
times, be open to the inspection of any person interested
therein, and, upon request and tender of all proper fees,
justices of the peace shall make out and deliver to the de-
mandant a full and complete copy, duly certified as the law
directs, of such proceedings in their custody, or recorded in
their dockets, as may be requested.
SEC. 11. Any justice of the peace who shall violate the
provisions of the preceding section, shall be deemed guilty
of a misdemeanor, and subject to a fine of not less than ten
dollars, recoverable by indictment, and shall furthermore be
liable in double damages to the party injured by such violation.
(a) It need not appear from the docket of the justice that the necessity
of exercising jurisdiction, under this section, out of his township, existed,
but that fact may be given in evidence at the trial of the cause.
Lutes v.
Perkins, 6 Mo. Rep., 57..
When sever-
where suit is
al defendants,
to be brought.
Where suit
to be brought
when there is
no justice in
the township.
Dockets to
be open to in-
spection;
copies to be
given, when.
Acts 1851,
p. 232.
Penalty up-
violating pre-
on any justice
ceding sec-
tion.
Acts 1851,
p. 232.
1
C VOL. II. — 2
928
JUSTICES' COURTS.
CHAP. 90.
Justice to
appoint a law
day every two
mouths.
Shall keep
a docket.
What he shall
enter therein.
ARTICLE II.
OF THE COMMENCEMENT OF SUITS, AND THE SERVICE AND
RETURN OF PROCESS.
21. Justice to appoint a law day 13. A statement of the facts con-
every two months.
2. Justice shall keep a docket;
what facts he shall enter
therein.
3. What facts to be entered on the
docket.
4. By what kind of process sait
may be commenced; TO-
luntary appearance may be
made.
5. What causes of action may be
united by plaintiff in his
suit, and what grounds of
defence may be set up by
defendant.
6. When plaintiff may be ruled
to give security for costs.
7. Form of bond for costs.
8. Persons unable to pay costs,
to sue without giving secu-
rity.
9. Suits on instruments of writing,
the same to be filed.
10. But if such instrument be lost,
affidavit thereof made.
11. Set-off on such lost instru-
ment, party required to prove
loss.
12. Suits on account, bill of items
to be filed.
stituting the cause of action
to be filed, when.
14. Process to run in the name of
"The State of Missouri."
15. Process returnable, when.
16. Form of summons.
17. Joint action against several de-
fendants in different town-
ships, how directed and
served.
18. Provision as to failure of judg-
ment against the defendant
residing in township where
suit is commenced.
19. Service of summons, when and
how executed.
20. For want of officer to execute
writ, justice may appoint
another.
21. Demand may be given to the
constable for collection; his
liability.
22. After commencement, if de-
fendant pay demand and
costs, suit to be dismissed.
23. What return the constable shall
make.
24. Liability of constable for fail-
ing to make return, or for
making a false return.
SECTION 1.—Every justice of the peace shall appoint a
day, every two months, for the return of all summons by
him issued, and every summons shall be made returnable on
such day, except in cases where it is otherwise specially
provided.
SEC. 2.-Every justice of the peace shall keep a docket,
in which he shall enter: First, The titles of all causes com-
menced before him; Second, The time when the first process.
was issued against the defendant, and the particular nature
thereof; Third, The time when the parties appeared before
him, either with or without process, or upon the return of
process; Fourth, A brief statement of the nature of the
plaintiff's demand, and the amount or description and value
of the property claimed, and, if a set-off is pleaded, a
similar statement of the nature of the set-off, and the amount
claimed; Fifth, Every adjournment, stating at whose request
JUSTICES' COURTS.
929
CHAP. 90.
and at what time; Sixth, The time when the trial was had,
stating whether the same was by jury or by the justice;
Seventh, The verdict of a jury, and when rendered; Eighth,
The judgment rendered by the justice, and the time of
rendering the same; Ninth, The time of issuing execution
and the name of the officer to whom delivered, and an ac-
count of the debt, damages and costs, as the same was en-
dorsed on the execution; Tenth, The fact of an appeal
having been made and allowed, and when made and
allowed. (a)
SEC. 3. The several facts in the preceding section.
enumerated, together with all other entries specially re-
quired by this act to be made in the docket, shall be entered
under, or opposite to, the title of each cause to which they
respectively relate, and, in addition thereto, the justice may
enter any other proceeding had before him in the cause,
which he shall think is useful to enter in such docket.
What facts
to be entered
on the docket.
Suits may
SEC. 4.Suits may be instituted before a justice, either
by the voluntary appearance and agreement of the parties, be instituted
by voluntary
or by process; and the process for the institution of a suit appearance or
before a justice shall be either a summons, or an attachment process.
against the property of the defendant.
SEC. 5.- The plaintiff may unite in his suit as many
causes of action as he may have, and, in like manner, the
defendant may unite in his defence as many grounds of de-
fence, including offsets, as he may have. (b)
SEC. 6. That if the plaintiff is a non-resident of the
county, or shall become a non-resident after the commence-
ment of a suit, or if, from any cause, the justice shall be satis-
fied that he [is] unable to pay the costs, the justice shall rule
the plaintiff, on or before the day in the rule named, to give
security for the payment of costs in such suit; and if the
(a) Price v. Halsed, 3 Mo. Rep., 323. The docket of a justice of the
peace is evidence of nothing except what the law requires to be written
down. Perry v. Block, 1 Mo. Rep., 342; Brown v. Pearson, 8 Ibid, 159;
Palmer v. Hunter, Ibid, 512. A justice cannot be compelled by mandamus
to alter the entry of a judgment upon his docket. It seems, that if the
entry does not show whether the judgment was upon the merits or not,
parol evidence would be admissible in a second suit on the same demand, to
show the true character of the judgment, and thus avoid its effect as a bar.
Garnett v Stacy, 17 Mo. Rep., 601.
(b) See sections thirty-two, thirty three, thirty-four and thirty-five,
article four of this act.
What cause
of action may
be united, and
what grounds
of defence
may be set up.
When plain-
tiff may be
ruled to give
security for
costs.
930
JUSTICES' COURTS.
Form of
bond for costs.
CHAP. 90.
plaintiff fail, on or before the day in such rule named, to file
the obligation of a responsible person of the county, whereby
he shall bind himself to pay all costs that have or may ac-
crue in such action, the justice of the peace, on motion, shall
dismiss the suit, unless such security is given before the mo-
tion is determined.
SEC. 7. The form of such obligation shall be substan-
tially as follows: "A B, plaintiff, against C D, defendant.
New section. Obligation for costs. We bind ourselves to pay all costs that
have accrued, or may hereafter accrue, in this cause.
C D, E F. Approved June , 18.
Poor persons
unable to pay
costs may sue
without giv-
ing security.
Suits found-
ed on instru-
ments of writ-
ing, same to
be filed.
If such in-
strument be
lost, affidavit
thereof to be
made and filed
Suit or set-
off on such lost
instrument,
party requir-
ed to prove
loss.
A B,
HK, J. P."
SEC. 8.If the justice shall, before the commencement of
any suit, be satisfied that the plaintiff is a poor person, and
unable to pay the costs and expenses of the suit, the justice
may, in his discretion, permit him or her to prosecute his or
her action as a poor person, from whom no security for costs
shall be required.
SEC. 9. Whenever any suit shall be founded on any in-
strument of writing, purporting to have been executed by
the defendant, such instrument shall be filed with the justice.
before any process shall be issued in the suit. (a)
SEC. 10. But if such instrument be alleged to be lost or
destroyed, it shall be sufficient for the plaintiff to file with
the justice the affidavit of himself, or some other credible
person, stating such loss or destruction, and setting forth the
substance of such instrument.
SEC. 11. If any suit or set-off be founded upon any lost
or destroyed instrument of writing, the party relying upon
such lost or destroyed instrument shall be required, upon the
trial or hearing of the cause, to prove such loss or destruction,
either by his own oath or by other competent testimony; and
if, upon such trial or hearing, it appear the same was inten-
(a) This section is merely directory. Sublett & Vasquies v. Noland, 5
Mo. Rep., 516. It was passed for the benefit of the defendant, to apprise
him of the nature of the claim set up by the plaintiff; the advantage thus
secured to the defendant may be waived by his own act. Ibid. Where the
note is payable to an individual without the addition senior, and the suit is pro-
secuted in the same name wtth the addition senior, it is not sufficient ground
for dismissing the suit. Neil v. Dillon, 3 Mo. Rep., 43. The statutory
action by the assignee of a note against the assignor, upon failure to obtain
payment from the maker, is not, it seems, to be regarded as an action upon
the note for the purpose of giving jurisdiction to a justice, when the amount
sought to be recovered exceeds his jurisdiction in other actions of assump-
sit. Stone v. Corbett, 20 Mo. Rep., 350.
JUSTICES' COURTS.
931
CHAP. 90.
tionally put away or destroyed, the demand or set-off founded
on such instrument shall be rejected.
In suits on
account, bill
SEC. 12.- In every suit founded on an account, a bill of
the items of such account shall be filed with the justice be- of items to be
fore any process shall be issued in the suit. (a)
filed.
A statement
of facts to be
SEC. 13. — In every suit not founded on an account, or an
instrument of writing, a statement of the facts constituting filed, when.
the cause of action shall be filed with the justice before any
process shall be issued in the suit. (b)
-
peace
shall
New section.
Process to
run in the
name of "The
SEC. 14. All process issued by justices of the
run in the name of "The State of Missouri," be dated on
the day it issued, and shall be signed by the justice granting State of Mis-
the same. (c)
souri."
Process to
be a summons,
directed to the
constable, re-
not less than
turnable in
SEC. 15. — In all cases not otherwise specially provided
for, the process shall be a summons, and every summons shall
be directed to the constable of the township in which the
justice who granted the same resides, except where it is other-
wise specially provided, and shall command him to summon
the defendant to appear before the justice who issued the four, days.
same, at a time and place to be named in the summons, not
less than six, nor more than seventy-four days, from the date
thereof, to answer the complaint of the plaintiff. (d)
a) This account charged the defendant with a liability of twenty-five
dollars, on account of an accepted order. The evidence was, that the de-
fendant sold property to plaintiff, in payment of the order, but afterwards
refused to deliver it, alleging that the drawer of the order had failed.
Held, that the plaintiff could not recover, as his account was not a state-
ment of his cause of action. He should have filed an account for the arti-
cles purchased. Wathen v. Farr, 8 Mo. Rep, 324. The first item of an
account on file, was "balance from 1851, ninety-seven dollars and fifty
cents."
Held, the generality of this item was not sufficient ground for dis-
missing the suit in the appellate court. Busch v. Diepenbrock, 20 Mo.
Rep., 568.
A party who has voluntarily paid to the city of St. Louis ille-
gal taxes, assessed under color of law, cannot maintain an action to recover
them back, on the ground that the city has no capacity to take money,
which it has no right by charter to demand. 20. Mo. Rep., 143.
(b) See, sections nine and twelve of this article. A substantial state-
ment or declaration of the cause of action must be filed with the justice.
Casey v. Clark, 2 Mo. Rep., 12; Olde v. Clark, Ibid, 13. Donohoe v. Chap-
pell, 4 Mo. Rep., 34. No formality is necessary in the statement of causes
of action before justices. Early v. Fleming, 16 Mo. Rep., 154.
A party
may recover the value of timber cut upon his land, although, by mistake, he
led the defendant to believe that he was cutting timber on his own land.
Pearson v Inlow, 20 Mo. Rep, 322.
(c) A writ not in conformity to this section is not void. If the defendant
appear and answer to the action, any defect in the writ will be cured. (1
Mo. Rep., 537; 4 Mo. Rep., 27; Little v. Little, 5 Mo. Rep., 227, over-
ruled.) Davis v. Wood, 7 Mo. Rep., 162.
(d) Appearance by defendant in a cause waives defects in the summons.
Barnett & Ivers v. Lynch, 3 Mo. Rep., 369. Vide, Spencer v. Medder, 5
six, nor more
than seventy-
932
JUSTICES' COURTS.
Form of the
.summons.
Joint action
against sever-
in different
townships,
how directed
CHAP. 90.
SEC. 16.-The summons may be in the following form:-
"The State of Missouri to the constable of township,
incounty, greeting: We command you to summon
to appear before the undersigned, one of the justices of the
peace of
township, in county, on the
18, at ten of the clock in the forenoon, at
the same township, to answer the complaint of
under my hand this
day of
2
in
Given
day of
18-.
2
A B, Justice."
SEC. 17.—If any plaintiff has a just cause of action against
al defendants, several persons, residing in different townships in the same
county, and desire to bring a joint action against them, the
summons may be directed to the constable of the township in
which the suit is commenced, and shall be served by such
constable in any township in the county in which any of the
defendants reside.
and served.
Plaintiff to
be nonsuited,
when.
Service of
summons,
executed.
SEC. 18.-If, in any such action, the plaintiff fail to ob-
tain judgment against that defendant who resides in the town-
ship in which the suit is commenced, he shall be nonsuited as
to the other defendants.
SEC. 19.—Every summons shall be served at least fifteen
when and how days before the day of appearance therein mentioned, in all
actions in which the circuit court and justices of the peace
have concurrent jurisdiction, and six days when they have
not, and shall be executed, either: First, By reading the
same to the defendant; or, Second, By delivering a copy
thereof to the defendant; or, Third, By leaving a copy of
said summons at the usual place of abode of the defendant,
with some white person of the family above the age of fifteen
years; but in all cases where the defendant shall refuse to
hear such writ read, or to receive a copy thereof, the offer of
the officer to read the same, or to deliver a copy thereof, and
such refusal, shall be a sufficient service of such writ. (a)
Mo. Rep., 458. Making a writ returnable to a day not the regular law day
of the justice, is not a ground to dismiss the suit. Harper v. Baker, 9 Mo.
Rep., 115. Vide, Brown v. Pratte, Ibid, 331. A summons made return-
able in a time less than that required by law, is void. A judgment by de-
fault rendered on the service of such summons is, also, void, and a party
acquires no title under sale on an execution under such judgment. Sanders
v. Rains, 10 Mc. Rep., 770.
(a) A return by a constable, "The within lawfully executed," is bad.
The return should state how the writ was executed. 1 Mo. Rep., 382. A
JUSTICES' COURTS.
933
CHAP. 90.
SEC. 20.-Every justice issuing any process authorized
by this act, upon being satisfied that such process will not be
executed for want of an officer to be had in time to execute
the same, may empower any suitable person, not being a
party to the suit, to execute the same, by an endorsement
upon such process, to the following effect:-
"At the request and risk of the plaintiff, I authorize
to execute and return this writ.
E F, Justice of the Peace."
And the person so empowered shall thereupon possess all
the authority of a constable in relation to the execution of
such process, and shall be subject to the same obligations,
and shall receive the same fees for his services. (a)
SEC. 21.-If any person has a bond, note or account, on
which he wishes suit brought, he may place the same in the
hands of the constable of the proper township, who shall give
a receipt therefor, and who shall, without delay, cause suit
to be commenced thereon, unless otherwise directed by the
legal owner of said demand, or his agent, and such direction.
shall be specified in the constable's receipt; and if the con-
stable receive the money on such bond, note or account, be-
fore suit is brought, and fail to pay it over on demand, or
fail to bring suit, whereby any loss is sustained, he and his
securities shall be liable therefor on his official bond. Nothing
herein contained shall prevent a plaintiff himself from filing
his bond, note or account, with the justice, when he com-
mences a suit.
For want of
officer to exe-
cute a writ,
justice may
empower an-
other.
Form of en-
dorsement on
process.
Demand may
be given to the
constable for
collection; his
liability.
If def't pay
demand and
SEC. 22. — If, at any time after the commencement of a
suit, the defendant pay to the constable the full amount of costs, suit to
return by a constable, in these words: "Served the within by reading the
same in his presence, February 14th, 1837, E. Taylor" is defective, because
it does not specify in whose presence it was read, nor was it officially sub-
scribed. If the defendant appear in court, and go into trial, without object-
ing to such service, he cannot afterwards avail himself of such error. Spen-
cer v. Medder, 5 Mo. Rep., 458. The want of service of a writ is cured
by appearance and defence. Griffin & Kinnote v. Samuel, 6 Mo. Rep., 50.
The president is the proper party upon whom to serve process against a cor-
poration, and may appear and confess a judgment for the corporation.
Chamberlin v. The Mammoth Mining Company, 20 Mo. Rep., 96.
(a) If the endorsement be wanting, and the defendant appear and do not
move to quash or dismiss, the defect is cured. Hart v. Robinett, 5 Mo.
Rep., 11.
The justice is not restricted in his choice to an inhabitant of his
own township. Lutes & Dulaney v. Perkins, 6 Mo. Rep., 57.
be dismissed.
934
JUSTICES' COURTS.
What return
the constable
shall make.
Liability of
constable for
failure to exe-
CHAP. 90.
the claim, and the costs which have thus accrued, the con-
stable shall certify the same to the justice, and the suit shall
be discontinued.
SEC. 23. — Every constable or other person serving any
process authorized by this act, shall return thereon, in writ-
ing, the time and manner of the service, and shall sign his
name to such return.
SEC. 24.—If any constable fail to execute any process
other than an execution, to him delivered, and make due re-
cute process turn thereof, unless for good cause, or make a false return,
or make re-
such constable, for every such offence, shall pay to the party
turn, or for
making a false injured ten dollars, and all the damages such party may have
sustained by reason thereof, to be recovered in an action
founded upon this statute.
return.
ARTICLE III.
Procedure
where person-
claimed.
OF THE CLAIM AND DELIVERY OF PERSONAL PROPERTY.
2 1. Procedure where personal pro- | 11.
perty is claimed.
2. Form of statement and affi-
davit.
3. Justice to make an order re-
quiring delivery of property
to plaintiff, and that defend-
ant be summoned.
4. Form of such order.
5. Constable not to take the pro-
perty till plaintiff execute
bond with security.
6. Form of bond.
7. When executed, constable to
take property and deliver it
to plaintiff.
8. Qualifications of the sureties.
9. Plaintiff may be required to
give new bond, when; fail-
ing to do so, property shall be
returned to defendant, &c.
10. Defendant barred of any right
of action against the officer,
when, and in what case.
Constable shall be allowed his
reasonable charges, by whom,
and for what.
12. Powers of the constable in exe-
cuting order of delivery.
13. Bonds taken by the constable
to be filed, where and when.
14. If suit be not prosecuted with
effect, value of the property
taken, and damages for its
use, to be assessed.
15. What the judgment shall be in
such case.
16. Election of defendant to be
made, when.
17. When may, the assessed value
of the property, &c., be le-
vied of the property of plain-
tiff and his securities.
18. Defendant's right to the pro-
perty not impaired, when; if
defendant elect to take value
of the property, effect of
such election.
SECTION 1.—If the plaintiff claim the possession of spe-
al property is cific personal property, he shall, in his written statement, set
forth: First, That he is lawfully entitled to the possession
of the property claimed, (sufficiently describing it;) Second,
That it is wrongfully detained by the defendant, at the
county in which suit is sought to be instituted; Third, The
actual value thereof; Fourth, The amount of damages, if
any, plaintiff ought to recover for injuries to the property, or
·
JUSTICES' COURTS.
935
CHAP. 90.
for the taking and detention, or detention thereof; and,
Fifth, 'That plaintiff will be in danger of losing his said pro-
perty, unless it be taken out of the possession of defendant;
and which statement shall be verified by the affidavit of plain-
tiff, his agent or attorney, that, to the best of his knowledge
and belief, the facts and allegations contained in such state-
ment are just and true.
SEC. 2.— Such statement and affidavit may be in the fol-
lowing form:-
"State of Missouri, county of. Before H K, justice
of the peace of township, A B, plaintiff, against C D,
defendant. Statement. Plaintiff states that he is lawfully
entitled to the possession of [here describe the property,]
and of the value of dollars, that the same [was, on the
day of
A. D. 18—, unlawfully taken, has been
injured, and] is now wrongfully detained at the county afore-
said, and that plaintiff is in great danger of losing said pro-
perty, unless it be taken out of defendant's possession. Plain-
tiff further states, that for the [taking and] detention of said
property, [and for all injuries thereto,] he is damaged
dollars. Wherefore, plaintiff prays judgment for the recovery
of said property, and dollars damages, for the [taking
and] detention thereof, [and all injuries thereto.] A B.
A B, plaintiff, makes oath, and says that, to the best of his
knowledge and belief, the facts and allegations contained in
the above statement are just and true.
A B.
Sworn to and subscribed before me, by A B, on this
day of, A. D. 18-.
H K, J. P."
The statement should omit, or contain, so much of this
form as is contained in brackets, as the facts of the case may
authorize.
SEC. 3. Upon filing such statement, the justice shall
make an order, commanding the constable to take the pro-
perty specified in the statement from the defendant, and de-
liver it to the plaintiff, and, also, commanding him to sum-
mon the defendant to appear before the justice, and answer
touching the matters charged in the complaint, which order
shall be in the form of a writ, and shall be returnable as
other process.
D VOL. II.
Form of
statement and
affidavit.
Justice to
make an order
requiring de-
livery of pro-
tiff, and that
perty to plain-
defendant be
summoned.
936
JUSTICES' COURTS.
CHAP. 90.
Form of
such order.
Constable
not to take
SEC. 4.—Such order may be in the following form:
"A B, plaintiff, against C D, defendant. Order of deli-
The State of Missouri, to the constable of
town-
very.
ship, in
county. You are commanded to take a [brown
horse, six years old,] of the value of [forty] dollars, from the
possession of the defendant, C D, and to deliver him to the
plaintiff, A B, upon his giving the bond required by law, and
you will make due return of this order before me, on the
day of
next. And you are further commanded to sum-
mon the said C D to appear, on said day, at my office, in
township, to answer further, touching the complaint of A B,
for the unlawful detention of the said [horse.]
H K, J. P.”
SEC. 5. The constable shall not take such property until
the property the plaintiff shall deliver to him a bond, executed by one or
till plaintiff
execute bond more sufficient securities, approved by the constable, to the
with security. effect that they are bound to the defendant in double the
Form of
bond.
When exe-
cuted, pro-
perty to
delivered to
plaintiff.
value of the property, as set forth in the statement and affi-
davit, for the prosecution of the action, for the return of the
property to the defendant, if return thereof be adjudged,
and for the payment to him of such sum as may, for any
cause growing out of the order in the cause, be recovered
against the plaintiff.
SEC. 6. Such bond may be in the following form:-
"A B, plaintiff, against C D, defendant. Before H K,
justice of the peace of township. Bond.
Bond. We under-
take, and are bound to the defendant, C D, in the sum of
dollars, for the prosecution of the action in the above
entitled cause, for the return to the defendant, C D, of the
[horse] ordered to be delivered to the plaintiff, A B, if re-
turn thereof be adjudged, and for the payment to him, the
said defendant, of such sum as may, for any cause growing
out of the order in the cause, be recovered against the plain-
tiff, and for the payment of all costs of suit.
Approved June
A B, E F, G H.
18-. JOHN SMITH, Constable."
SEC. 7.-Upon such bond being executed as aforesaid,
be the constable shall take the property and deliver it to the
plaintiff.
JUSTICES' COURTS.
937
CHAP. 90.
SEC. 8.- Each of the securities must be a resident, and
householder, or freeholder, within the county where suit is
brought. They must be worth the amount for which the
bond is given, exclusive of property exempt from execution,
and after paying all just debts.
SEC. 9.— If the justice should, at any time before trial,
be satisfied that the bond returned by the constable shall
not be good and sufficient, he shall order the plaintiff to give
a new bond, with solvent securities, and, upon his failing to
do so within two days after such order shall be made, the
justice shall make a further order, that the constable retake
the property and deliver it to the defendant, and that the
cause be dismissed at the cost of plaintiff and his securities;
and the justice shall deliver to the constable an order for the
retaking and delivery of such property to the defendant,
which shall be directed and executed in the same manner
as an order for the taking and delivery of property to the
plaintiff.
SEC. 10. After the due execution of such bond, as herein
provided, the defendant shall be barred of any right of action
against the constable for the seizure and delivery of such
property.
SEC. 11.-The justice shall allow the constable reasonable.
charges for the taking and delivery of property, as provided
by this article.
SEC. 12. The constable may break open doors and
closures, to execute the order for the delivery of the
perty, if, upon public demand, they be not opened.
Qualifica-
tions of the
sureties.
Plaintiff may
be required to
give new
bond, when;
failing to do
so, property
shall be re-
fendant, and
cause dis-
turned to de-
missed.
· Defendant
barred of any
right of action
against the
officer.
Constable to
be allowed his
reasonable
charges.
en-
pro-rder of de-
His powers
in executing
SEC. 13. - All bonds taken by the constable under this
article shall be filed with the justice, on or before the return
day of the writ.
livery.
Bonds to be
filed, where
and when.
If suit be
not prosecut-
SEC. 14.-If the plaintiff fail to prosecute his suit with
effect, the court, or a jury, shall assess the value of the pro-ed with effect,
perty taken, and the damages for the use of the same, from proceedings.
the time of issuing the writ until return shall be made of the
property.
SEC. 15. In such case, the judgment shall be against the
plaintiff and his securities, that he return the property taken,
or pay the value so assessed, at the discretion of the defend-
ant; and, also, pay double the damages assessed, for the de-
tention of the property, and costs of suit.
What the
judgment
shall be in
such case.
938
JUSTICES' COURTS.
defendant to
CHAP. 90.
Election of SEC. 16.—The defendant shall not be required to make
be made, such election, until the property is delivered to the constable
on the execution, and the defendant has notice thereof.
when.
When may
the assessed
value of the
property, &c.,
be levied.
Defendant's
right to the
SEC. 17.—If such property shall not be produced and de-
livered to the constable within ten days after execution issued,
the defendant may cause the assessed value thereof, the da-
mages and costs, to be levied of the property of the plaintiff
and his sureties.
SEC. 18.-In such case, the defendant's right to the pro-
property not perty shall not be impaired, by levying the assessed value
impaired, thereof on the property of plaintiff and his sureties, or either
fendant elect of them; but if the property be delivered to the constable,
to take value and the defendant elect to take the value assessed, such elec-
of the proper-
when; if de-
ty, effect of
such election.
tion shall operate to vest all his right to the property in the
plaintiff.
ARTICLE IV.
OF THE APPEARANCE AND PLEADINGS OF THE PARTIES, OF AD-
JOURNMENTS, AND OF CONSOLIDATING ACTIONS.
21. Suits to be conducted by plain- |
tiff or agent.
2. Suits by minors, next friend to
be appointed.
3. If suit begun by infant, it shall
not be dismissed if next friend
become responsible.
4. Suits to be defended by de-
fendant or agent.
5. After service of process on in-
fant, guardian to be ap-
pointed, how, &c.
6. Consent of next friend to be
filed; but he is not liable for
costs.
7. Authority of agent may be
written or verbal; justice
may require proof of au-
thority.
8. Justice to wait three hours for
parties before going into trial.
9. Where some defendants are
served in time and some not,
how justice may proceed, or
continue to bring in all de-
fendants.
10. Without consent of parties, no
further delay to bring in part
of defendants allowed after
second term.
11. If plaintiff shall not otherwise
direct, justice to continue
such cases to next term.
12.
Brief statement of case on ap-
pearance of parties.
13.
Set-off allowed, when; excep-
tions.
14. Notice of set-off must be given,
when.
16.
17.
15. If set-off be founded on lost in-
strument, affidavit required.
How judgment to be given in
cases of set-off.
When tender, and a deposit of
the thing tendered, is made,
plaintiff not to recover costs.
18. Effect of a tender, without de-
posit of thing tendered.
19. After commencement of suit, if
defendant pay demand and
costs, and the suit be further
prosecuted, plaintiff to pay
costs, when.
20. How judgment to be entered in
cases of set-off against exe-
cutor or administrator.
21. Transcript of such judgment
may be allowed and classed,
where and how.
22. When title comes in question,
justice shall cease all further
proceedings and certify tran-
script to circuit court.
23. In the circuit court, in such
cases, what must be proved,
&c.
JUSTICES' COURTS.
939
CHAP. 90.
24. Justice may, without applica- 32. Justice may consolidate suits
tion, continue cause.
25. Justice, on application and
good cause shown, may grant
continuance until next law
day. Proviso.
26. No such continuance allowed,
unless on oath or affidavit
that the party cannot safely
proceed, &c.
27. Such continuance shall be for
a reasonable time.
28. On failure of justice to hold
court or try cause, no dis-
continuance of same, &c.
29. No suit to abate on account of
vacancy of office of justice;
how proceeded in, &c.
30. All demands to be included in
same suit, unless they would
exceed justice's jurisdiction.
31. If all demands would exceed
jurisdiction, then part only
may be joined.
between the same parties.
33. No such consolidation to be
made when it would exceed
the jurisdiction of the jus-
tice of the peace.
34. After consolidation, all unne-
cessary costs to be paid by
plaintiff, or abide the event
of the suit.
35. On consolidation, plaintiff to
recover costs only for one
suit, and costs in other ac-
tions to be given against him.
36. Pleadings and proceedings may
be amended, new parties
added, and mistakes cor-
rected.
37. When new parties are made co-
defendants, what proceedings
shall be had.
38. When justice is a material wit-
ness, &c., proceedings to be
given to the nearest justice.
any suit, except persons
SECTION 1.--Any plaintiff in
Suits to be
under twenty-one years of age, may appear and conduct his conducted by
suit, either in person or by agent.
plaintiff, or
agent.
Suits by mi-
nors, next
SEC. 2.- No suit shall be instituted by an infant plaintiff,
until a next friend, for such infant, shall have been ap-friend to be
pointed. Whenever requested, the justice shall appoint some appointed.
suitable person, who will consent thereto, in writing, to be
named by such plaintiff, to act as his next friend in such suit,
who shall be responsible for the costs therein.
SEC. 3. If a suit is commenced by an infant without a
next friend, the same shall not be dismissed, if any suitable
person will file his written consent with the justice to be-
come next friend, and responsible for the costs of suit, when
the exception is taken.
SEC. 4.-Every defendant in a suit, except persons under
twenty-one years of age, may appear and defend the same in
person, or by agent.
Suit com-
menced by in-
fants shall not
be dismissed,
if next friend
become re-
sponsible.
Suits to be
defended by
defendant or
agent.
After service
infant, guar-
of process on
dian to be ap-
pointed, how,
SEC. 5. After the service and return of process against
the infant defendant, the suit shall not be any further prose-
cuted until a guardian for such defendant be appointed.
Upon the request of such defendant, the justice shall ap- &c.
point some person who will consent thereto, in writing, to be
the guardian of the defendant in the defence of the suit; and
if the defendant shall not appear on the return day of such
process, or if he neglect or refuse to nominate such guardian,
940
JUSTICES' COURTS.
Consent to
be filed; but
CHAP. 90.
the justice may, on the motion of the plaintiff, appoint any
discreet person as such guardian.
SEC. 6. The consent of such next friend or guardian
he is not lia- shall be filed with the justice: the guardian for the defend-
ant shall not be liable for any costs in the suit.
ble for costs.
Authority
of agent may
be written or
verbal.
Justice to
wait three
SEC. 7.-A party authorized to appear by agent, may
appoint any person to act as such agent, and the authority
of the agent may be either written or verbal, and shall, in
all cases where the justice requires proof, be proved, either
by the agent himself or other competent testimony, unless
admitted by the opposite party.
SEC. 8. Upon the return of a summons duly served, the
hours for par- justice shall wait three hours, after the time specified in such
ties before writ for the appearance of the parties, unless they shall
going into
trial.
When some
defendants
are served in
time and some
not, how jus-
tice may pro-
ceed.
Without con-
sent of parties,
no further de-
lay to bring in
part of defend-
ants, &c.
If the plain-
tiff shall not
otherwise di-
rect, justice to
continue such
cases to next
term.
Brief verbal
statement of
case to be
made on ap-
pear ance
the parties.
of
sooner appear.
SEC. 9. When there are several defendants in a writ,
and some of them are served with process in time, and others
are not served, or not served in time, the plaintiff may direct
the justice either to discontinue as to all not served, and not
served in due time, and proceed against those that are bound
to appear, or he may continue the suit until the next trial day,
and take new process against those that are not served. (a)
SEC. 10.—But at such second term the suit shall proceed
against all who shall have been served in due time, and no
further delay shall be allowed to bring in the others, unless
all that appear shall consent to such delay.
SEC. 11. If neither the plaintiff, nor any person for him,
shall be present to direct, nor shall have directed, the course
to be pursued, where only some are served, the justice shall
continue the cause, and issue new process for those not
served, when it may be necessary.
SEC. 12. When both parties first appear before the jus-
tice, either upon the return of process or upon their volun-
tary appearance without process, the justice shall, on the
application of the defendant, (and may, without such applica-
tion,) require of the plaintiff a brief verbal statement of the
nature of his demand.
(a) The statute of set-off extends to corporations. City of St. Louis v.
Rogers, 7 Mo. Rep., 19. In a suit against two or more, on a joint note,
the plaintiff may enter a nolle prosequi as to one, without discharging the
others. Brown v. Pearson, 8 Mo. Rep., 159.
JUSTICES' COURTS.
941
CHAP. 90.
SEC. 13. — A defendant may set-off any demand which he
has against the plaintiff, in all cases where such set-off is
allowed by the statute of this State regulating set-off, except
in the two following cases: First, Where the demand to be
set-off exceeds the jurisdiction of a justice's court; Second,
Where it is founded on an instrument of writing, executed
by the plaintiff and assigned to the defendant, or upon an
account assigned to the defendant, and it shall not be made
to appear on the trial of the cause that the defendant had,
before the commencement of the suit, given the plaintiff
notice of such assignment. (a)
SEC. 14. To entitle a defendant to set-off any demand,
he must give notice thereof in court, either verbal or written,
before the jury is sworn, or the trial submitted to the justice;
and when the set-off is founded upon an instrument of writing,
executed by the plaintiff, or by his testator or intestate, or
upon an account, he must, at the time of giving such notice,
file with the justice such instrument, or a bill of the items of
such account.
SEC. 15.- If such instrument be alleged to be lost or
destroyed, it shall be sufficient for the defendant to file with
the justice an affidavit, similar to that required of a plaintiff
upon instituting suit in a justice's court, on a lost or de-
stroyed instrument of writing.
SEC. 16. If the amount of the set-off, duly established,
be equal to the plaintiff's debt, judgment shall be entered for
the defendant, with costs; or if it be less than the plaintiff's
debt, the plaintiff shall have judgment for the residue only,
with costs; and if it be more than the plaintiff's debt, the
defendant shall have judgment for the excess, with costs, and
execution shall be awarded therefor.
SEC. 17. In all actions where, before suit brought, tender
shall be made and full payment offered, by discount or other-
wise, in such specie as the party, by contract or agreement,
(a) When a set-off is filed, exceeding the jurisdiction of the justice, he
should treat it as a nulity; nor can such set off, on an appeal to the circuit
court, be reduced, on motion, by a credit, so as to bring it within the juris-
diction of the justice. Robinett v. Nunn, 9 Mo. Rep., 244.
A set-off may
be pleaded before the trial is had, after judgment by default is set aside.
Ibid. An account, filed as a set-off, exceeding the jurisdiction of the jus-
tice, but attempted to be brought within it by a credit for the amount of the
plaintiff's demand, cannot be allowed as a set-off. Almeida v. Sigerson, 20
Mo. Rep., 497.
Set-off al-
lowed, when.
Exceptions.
Notice of
set-off must be
given, when.
Set-off to be
filed, when.
If set-off be
founded on
lost instru-
ments, affida-
vit required.
How judg-
ment to be
given in cases
of set-off.
When tender,
and a deposit
of the thing
tendered, are
made, plaintiff
not to recover
costs.
942
JUSTICES' COURTS.
New section.
Effect of a
tender with-
out deposit of
CHAP. 90.
ought to do, and the party to whom such tender shall be made
doth refuse the same, and yet afterwards will sue for the debt
or property so tendered, and the thing, if in money, shall be
deposited, before the trial of the cause shall commence, with
the constable of the township in which the suit is brought, or,
if not in money, committed under an order of the justice be-
fore whom suit is brought, to the constable aforesaid, the
plaintiff shall not recover any costs in such suit, but the
defendant shall recover costs, as if judgment in the cause
had gone in his favor upon the merits.
SEC. 18.Where tender and no deposit shall be made, as
provided in the preceding section, the tender shall only have
thing tender- the effect, in law, to prevent the running of interest, or accu-
mulation of damages, from and after the time such tender
was made.
ed.
New section.
After com-
mencement of
mand and
SEC. 19. — If, at any time after the commencement of
suit, if defend- suit, the defendant pay to the constable the full amount which
ant pay de- he owes the plaintiff up to that time, together with all costs
costs, and the then accrued, and the suit be not discontinued, but be further
suit be further prosecuted, and the plaintiff shall not recover judgment for
plaintiff to pay a larger amount, exclusive of interest and costs since accrued,
than the sum so paid to the constable, then the plaintiff shall
pay all costs accruing after such payment.
costs.
New section.
How judg-
tered in cases
SEC. 20.Whenever a set-off is established, in a suit
ment to be en- brought by executors or administrators, exceeding the amount
of set-off of the plaintiff's demand, the judgment shall be against them
against execu-
tor or admi- in their representative character, and shall be evidence of a
debt established against the estate, but no execution shall
issue thereon.
nistrator.
Transcript
of such judg-
ment may be
allowed and
classed, where
and how.
comes in ques-
tion, justice
shall cease all
further pro-
ceedings, and
certify tran-
script to cir-
cuit court.
SEC. 21.—A transcript of any such judgment may be
presented to the court having probate jurisdiction, and shall
be allowed against the estate, and classed as ordinary
demands.
When title SEC. 22. If, in a suit for trespass upon any lands or
tenements, the defendant, before the jury is sworn, or the
trial submitted to the justice, justify the trespass by a plea,
verified by his own oath, or the oath of some credible person,
of title, the justice shall immediately make an entry thereof
in his docket, shall cease all further proceedings in the cause
and certify and return to the circuit court, or court having
jurisdiction thereof, of the county in which the justice holds
JUSTICES' COURTS:
943
СПАР. 90.
his court, a transcript of all the entries made in his docket
relating to the case, together with all the process and other
papers relating to the suit, and filed therein, in the same
manner and within the same time as upon an appeal.
SEC. 23. Upon filing the proceedings and papers in the
office of the clerk, the court shall become possessed of the
cause, and proceed therein to final judgment, as upon an ap-
peal; but upon the trial in such court, the plaintiff shall only
be required to prove himself entitled to, or in possession of,
the lands or tenements on which the trespass is alleged to
have been committed, and no other bar to the action shall be
pleaded by the defendant, except the plea of title.
SEC. 24.A justice of the peace, without the application
or consent of either party, may, if it be necessary, adjourn a
cause to his next law-day.
In the circuit
court, in such
cases, what
must be prov-
ed, &c.
Justice may,
without appli-
cation, con-
tinue cause.
Justice, on
application
and good
cause shown,
may, grant a
continuance.
SEC. 25. A justice of the peace, on application of either
party, and for good cause shown, may adjourn a cause until
his next law-day: Provided, That a justice may continue a
cause for a longer time, whenever he may be satisfied that a
longer time is necessary to enable the parties to obtain testi-
mony; or may adjourn for any other period, with the consent
of both parties. (a)
SEC. 26. No adjournment shall be allowed upon the ap-
plication of a party, unless such party satisfy the justice, by ance allowed,
his own oath or affidavit, or the oath or affidavit of some
other person, that he cannot safely proceed to trial for want
of some material testimony or witness, that he has used due
diligence to obtain the same, and that, if an adjournment be
allowed, he will be able to procure such testimony or witness.
in time to be used upon the trial,
SEC. 27.—Every such adjournment shall be for such rea-
sonable time as will enable the party to procure such testi-
mony or witness, and shall be at the cost of the party apply-
ing therefor, unless otherwise ordered by the justice.
SEC. 28. No suit shall be deemed discontinued or abated,
by reason of the failure of a justice to hold a court at the
appointed day, nor by reason of any adjournment before the
business pending in such court is disposed of, but the same
(a) When a justice improperly refuses to grant a continuance, an appli-
cation to the circuit court for a mandamus is the proper course. Harper v.
Baker, 9 Mo. Rep., 115.
D VOL, II, 2
No continu-
unless.on oath
or affidavit
that the party
cannot safely
proceed, &c.
Such contin-
uance to be for
time.
a reasonable
No suit to
be discontinu-
ed, &c., by
reason of the
justice failing
to hold court,
&c.
944
JUSTICES' COURTS.
Suit pending
not to abate
by reason of a
vacancy in the
office of jus-
tice; proceed
ings in such
eases.
All demands
to be included
CHAP. 90.
shall be continued and proceeded upon as if no such failure
or adjournment had happened.
SEC. 29.-If a suit is pending in a justice's court, and
the office of the justice before whom it is pending becomes
vacant from any cause whatever, the suit shall not abate, but
the plaintiff, at his election, may either let it remain until a
successor to the justice is appointed, who shall hear and de-
termine the same; or he may commence suit before some
other justice of the township, and, to enable him to do so in
cases where it is necessary, he shall have leave to withdraw
the instrument on which the first suit was brought, from the
custody of any person or officer in whose hands it may be,
such person or officer making a memorandum of the fact in the
late justice's docket, under the title of the cause in which the
instrument was filed.
SEC. 30.-If a plaintiff file with a justice at one time,
in same suit, several demands or causes of action, all of which may be
unless they joined in one suit, or has one cause of action against several
justice's juris- defendants, and desires suit brought against them all, unless
would exceed
diction.
If all de-
mands exceed
jurisdiction,
the plaintiff otherwise expressly direct, the justice shall join
the several causes of action, or the several defendants, in one
writ, unless, by such joinder, the jurisdiction of the justice
shall be exceeded.
SEC. 31.-If the jurisdiction of the justice will be ex-
ceeded by joining all the demands in one writ, then only so
then part only many writs shall be issued as will be necessary to prevent an
may be joined.
excess of jurisdiction.
Justice may
consolidate
suits between
ties.
SEC. 32.Whenever several suits shall be pending before
a justice of the peace, by the same plaintiff, against the same
the same par- defendant, for causes of action which may be joined; or,
whenever several suits shall be pending before the same jus-
tice of the peace, against several defendants for the same
cause of action, the justice before whom the same may be
prosecuted shall, upon motion of the defendant, order such
suits to be consolidated, if it appear that the causes of action
are such as may be joined in the same suit, that the questions
which will arise in both actions are substantially the same,
or that no defence is intended, or that the defence will be sub-
stantially alike in both cases.
No such or-
der to be
nade, when.
SEC. 33. No such order shall be made, when its effect
will be to increase the debtor's damages in controversy to an
JUSTICES' COURTS.
915
СНАР. 90.
amount exceeding the jurisdiction of the court; but if more
actions than necessary are pending, they may be reduced, by
consolidation, to such number only as is necessary to recover
the demand of the plaintiff. (a)
SEC. 34. When any order for consolidation is made by
the justice, the costs which have accrued in the actions un-
necessarily, brought prior to such order, shall be paid by the
plaintiff, or abide the event of the suit, as the justice, from
the circumstances, shall determine to be equitable and just.
SEC. 35. When any plaintiff shall bring before the same
justice of the peace several suits against the same defendant,
for causes of action that may be joined according to law, and
when any plaintiff shall bring before the same justice several
suits against several defendants for the same cause of ac-
tion, the plaintiff shall recover only the costs of one action,
and the costs of the other actions shall be adjudged against
him.
After con-
solidation, all
unnecessary
costs shall be
paid by plain-
tiff.
On consolida-
tion, plaintiff
shall recover
costs only for
one suit.
Pleadings
and proceed-
ings may be
SEC. 36.- Any justice may, in open court, in furtherance
of justice, and on such terms as may be proper, amend, on
motion of either party, any statement, account, set-off, sum- amended,
mons, writ or other proceeding, and add new parties as co-added, &c.
plaintiffs or co-defendants, and correct a mistake in the name
of a party.
SEC. 37. — In all cases, where new parties are made co-
defendants, the cause shall be continued, and summons issued
and served as provided by law, unless such new parties ap-
pear in open court and enter their appearance.
SEC. 38.-If, upon the appearance of the parties, on the
return of process in any case, the defendant shall, before
the jury is sworn, or the trial submitted to the justice,
make affidavit that the justice before whom the same is
pending is a material witness for such defendant, without
whose testimony he cannot safely proceed to trial, or that he
is near of kin to the plaintiff, stating therein in what degree,
or believes that he, the defendant, cannot have a fair trial
(a) Two or more suits on several demands, each of which is within the
jurisdiction of the justice, may be prosecuted at the same time, and cannot
be consolidated. Martin v. Chauvin, 7 Mo. Rep., 277. If the notes united
do not exceed his jurisdiction, he has no authority to make two cases of
the one cause of action; nor has he authority to give judgment on one
note, and continue the cause as to the other. Mass v. Brown, 7 Mo. Rep.,
305. Vide, Sykes v. Planters' House, Ibid, 477.
new parties
New section.
Where new
parties are
made co-de-
proceedings.
fendants,
New section.
When jus-
tice is a ma-
terial witness,
&c., proceed-
ings to be giv-
en to the near-
est justice.
946
JUSTICES' COURTS.
Subpoena of
justice valid
to compel at-
tendance of
witnesses.
By whom,
and how, a
CHAP. 90.
before such justice, said justice shall immediately hand over
to some justice in his township, the original papers in the
cause, and a transcript of his docket containing the entries
made in the same; and such justice, to whom any papers. shall
be transmitted, shall proceed in such case as if the same had
been originally instituted before him; but in no case shall a
cause be removed a second time.
ARTICLE V.
OF WITNESSES AND DEPOSITIONS.
1. Subpoena of justice for witness-
es, valid.
2. By whom, and how, subpoena
served.
3. Attachment may issue against
witnesses.
4. By whom, and how, executed.
5. Penalty on witness for non-
attendance without good ex-
cuse.
6. Witness, after being fined,
may, within thirty days,
show cause, and have the
same remitted.
7. Witness, when liable to private
action for non-attendance.
8. Either party may take depo-
sitions.
9. Notice to be given.
10. To be served, how.
To
11. In what manner depositions to
be taken and certified.
be sealed up and returned.
12. Under what circumstances de-
positions to be read.
13. What shall be evidence of place
of residence.
14. Where a cause is continued,
parties to notify witnesses to
attend at the trial. No sub-
poena to issue for such wit-
nesses.
SECTION 1.-A subpoena, issued by a justice of the peace,
shall be valid to compel the attendance, in a justice's court,
of a witness, being in the same county where the cause is to
be tried; or, being in an adjoining county, and within twenty
miles of the place of trial.
SEC. 2.A subpoena may be served either by a con-
subpoena to be stable or by any other person, and it shall be served by
reading the same to the witness, or by delivering to him a
copy thereof.
served.
Attachment
may issu e
nesses.
SEC. 3. Whenever it shall appear to the satisfaction of
against wit- the justice, that any person duly subpenaed to appear before
him in a suit, shall have failed, without just cause, to attend
as a witness, in conformity to such subpoena, and the party
in whose behalf such subpoena was issued, or his agent, shall
make oath that the testimony of such witness is material, the
justice shall have power to issue an attachment to compel the
attendance of such witness.
By whom,
and how at-
tachment may
SEC. 4. Every such attachment may be directed to any
constable of the county in which the witness resides, and
be executed. shall be executed in the same manner as a warrant in a
ů
JUSTICES' COURTS.
947
CHAP. 90.
criminal case; and the fees of the officers for issuing and
serving the same shall be paid by the person against whom
the same shall have been issued, unless he show reasonable
cause, to the satisfaction of the justice, for his omission to
attend, in which case the party requiring such attachment
shall pay all costs of such attachment.
Penalty on
witness for
non-attend-
good excuse.
SEC. 5.-Every person duly subpenaed as a witness, who
shall not appear, shall forfeit for the use of the county in
which he is subpenaed to appear, unless some reasonable ance, without
excuse shall be shown on his oath, or the cath of some other
person, such fine, not exceeding ten dollars, as the justice
shall think reasonable to impose; and the justice shall make
an entry in his docket of the conviction, and of the cause
thereof. At the expiration of thirty days, the entry of such
conviction shall be deemed a judgment, in all respects, at
the suit of such county, and execution shall be issued there-
upon as upon other judgments in a justice's court; and the
constable shall pay the fine, when collected, to the treasurer
of the county.
SEC. 6. The person upon whom such fine shall be im-
posed may, at any time before the expiration of the thirty
days, appear before the justice, and show cause against
the imposition thereof; and upon the hearing of such cause,
if deemed sufficient, the justice may remit or mitigate
such fine.
SEC. 7.—— Every person subpenaed as aforesaid, and
neglecting to appear, shall, if his fees have been tendered to
him, also be liable to the party in whose behalf he may
have been subpenaed, for all damages which such party may
have sustained by his non-attendance.
Witness, af-
ter being
fined, may,
within thirty
days, show
cause, and
remitted.
have the same
Witness,
when liable to
private action
for non-at-
tendance.
in civil suits
may take de-
SEC. 8.-Either party in any civil suit depending before Either party
any justice's court, or which has been taken by appeal from
any justice's court, may, upon notice, cause the deposition of positions.
any witness in such suit to be taken, by any officer author-
ized by law to take depositions, where such witness may be.
SEC. 9. No such deposition shall be taken, unless notice
be given in the time and manner provided, by law, regulating
the taking of depositions.
SEC. 10. Such notices shall be served in like manner as
notices are required to be served, by law, for the taking of
depositions, and the service may be on the party, or his agent
Notice to be
given.
To be served,
how.
948
JUSTICES' COURTS.
In what
manner depo-
sitions to be
taken and cer-
tified.
Under what
circumstances
be read.
CHAP. 90.
in the suit; and when such party resides out of the county,
and has no agent in the suit therein known to the justice,
judge or clerk of the court, before whom the suit is pending,
the service of the notice may be by filing a copy thereof
with such justice, judge or clerk.
SEC. 11. — The depositions shall be taken and certified
according to the statute regulating the taking of depositions,
and shall be sealed up, and returned so sealed to the justice,
judge or clerk of the court, before whom the suit in which it
is taken is pending.
SEC. 12. The justice or judge shall allow every deposi-
depositions to tion, taken and returned according to the provisions of this
act, to be read on the trial of the cause in which it is taken,
in all cases where the same testimony, if given verbally
in court, could have been received; but no such deposition
shall be read on the trial, unless it appear to the justice or
judge that the witness whose deposition is offered: First,
Is dead or resides out of the county; or, Second, Is unable
to, or cannot safely, attend before the justice or judge, on
account of sickness, age, or other bodily infirmity; or, Third,
Has gone out of the county, without the consent or collusion
of the party offering the deposition.
What shall
be evidence of
SEC. 13. — The deposition itself, or the certificate of the
place of resi- officer taking the same accompanying the deposition, shall
be received as evidence of the place of residence of the
witness.
dence.
tinued, parties
nesses to at-
Where a SEC. 14.- When any cause shall be continued by the
sause is con- justice, it shall be his duty forthwith to call before him all
to notify wit-witnesses summoned in the cause, and verbally notify such as
tend at the may attend to appear before him to testify in the cause on
the day set for trial, which verbal notice shall be, in all
respects, as valid as a summons; and the justice shall enter
in his docket the fact of notice, and the names of the wit-
New section. nesses notified. No summons shall thereafter issue to any
witness notified as directed.
trial. No sub-
pœna to issue
for such wit-
Jesses.
JUSTICES' COURTS.
949
СНАР. 90.
OF JUDGMENTS
ARTICLE VI.
OF NONSUIT AND BY DEFAULT, AND OF
REVIVAL OF SUITS.
TRIALS, AND OF THE
1. On death of plaintiff, suit not | 21. On appearance, trial shall com-
to abate, &c.
2. If executor or administrator
fail to revive suit, citation to
issue.
3. If executor or administrator
fail to become a party, non-
suit entered.
4. In case of death of one of
several plaintiffs, suit not to
abate.
5. Proceedings to revive a judg-
ment in the name of execu-
tor or administrator.
6. After three years, executions
shall not issue unless judg-
ment be revived.
7. Application to revive judg-
ment to be by affidavit; what
it shall set forth.
8. Citation to be served on de-
fendant, to show cause why
judgment should not be re-
vived.
9. If no sufficient cause appear,
judgment of revival shall be
rendered.
10. If sufficient cause be shown,
judgment shall be for de-
fendant.
11. Effect of revived judgments.
12. Judgments once revived, may
be again revived.
13. Manner of serving citations,
and when.
14. Transcript of judgment against
deceased defendant may be
exhibited in probate court,
and proceeded on, how.
15. Manner in which justice shall
proceed, when defendant fails
to appear after three hours
from time set for trial.
16. If plaintiff fail to appear, non-
suit to be entered.
17. Power to set aside nonsuit;
proceedings thereon.
18. If nonsuit be set aside, notice
shall be served on opposite
party, when and how.
19. If office of justice become va-
cant, or the party against
whom judgment was en-
tered die, how to proceed.
20. Suit to be tried at first term,
unless continued for good
cause.
mence.
22. Consideration of a bond or note
may be impeached.
23. Such defence may be made
against assignee of such in-
strument.
24. Either party may demand a
jury.
25. Jury to consist of six, but
parties may agree on a smaller
number.
26. Summons for a jury to be is-
sued to the constable.
27. Manner in which summons to
be executed.
28. If constable do not obtain full
jury, new summons to issue.
The oath taken by the jurors.
When jury sworn, they shall
hear the evidence.
29.
30.
31.
32.
33.
Incompetency of evidence de-
cided by justice; form of
oath to witness.
Either party may be called on
to testify, &c.
Either party may be subpenaed
as a witness; and on appeals
in circuit court, bill of dis-
covery may be filed, &c.
34. Mode by which a non-resident
party may be examined on
interrogatories.
35. Requisites of the affidavit;
proceedings thereon.
36. Penalty for refusal or neglect
to answer interrogatories.
37. An answer to interrogatories
may be used as evidence.
38. If it contain new matter, it
may be used as evidence by
the party making the answer;
rights of adverse party in
such case.
39. Any instrument offered in suit
or set-off is evidence, unless
denied on oath.
40. The preceding section not to
extend to executors or ad-
ministrators.
41.
Verdict to be delivered pub-
licly.
42.
When jury cannot agree, to be
discharged, and a new trial
granted.
43. Penalty for failing to appear
as a juror.
950
JUSTICES COURTS.
On death of
plaintiff, suit
not to abate,
&C.
If executor
or administra-
tor fail to re-
tation to is-
sue.
CHAP. 90.
SECTION 1.—That no suit pending in a justice's court
which, by law, survives to the executor or administrator, shall
abate by the death of the plaintiff, but the cause of action.
shall survive, and the executor or administrator of the plain-
tiff may prosecute the suit unto final judgment and execu-
tion; and every executor or administrator is hereby author-
ized to become a party to such suit.
SEC. 2. That if the executor or administrator of the de-
ceased plaintiff shall neglect or refuse to apply to the justice
vive suit, ci- before whom the suit is pending, at the term of his court
next succeeding the death of the plaintiff, [to be made a party
to such suit,] the justice shall, at the same term, enter on his
docket the fact of the plaintiff's death, and issue a citation
or notice, returnable to the next term thereafter, whereby the
said executor or administrator shall be cited to appear at the
return of the said citation, and cause himself to be made a
party to said suit, instead of his testator or intestate.
If executor
or adminis-
trator fail to
become party,
nonsuit en-
tered.
In case of
death of one
not to abate.
SEC. 3.—That if such executor or administrator shall
neglect or refuse, after having been duly served with such
citation, to become a party to said suit, the justice shall
thereupon render judgment of nonsuit against the said ex-
ecutor or administrator, as such, for costs of suit.
SEC. 4. — That if in any suit there be two or more plain-
of several tiffs or defendants, and one or more of such plaintiffs or de-
plaintiffs, suit fendants shall die before judgment, such suit shall not there-
by abate, but the cause of action shall survive to the
surviving plaintiff or plaintiffs, and against the surviving de-
fendant or defendants; and such death being suggested on the
docket of the justice, the suit shall proceed in the same man-
ner as if such death had not happened.
administra-
tor.
Proceedings SEC. 5.-If a plaintiff die after a final judgment in his
to revive a
favor, a citation shall, at any time, be issued by the justice
judgment in
the name of who rendered judgment, or his successor in office, directed to
executor or the defendant, requiring him to appear before the justice at
his next law-day, and show cause why the judgment should
not be revived in the name of the executor or administrator
of the deceased plaintiff; and, upon the return of such cita-
New section. tion served, if no such cause be shown, the judgment shall be
revived in the name of the executor or administrator of such
deceased plaintiff; and after such revival, execution may be
awarded thereon, if three years shall not have elapsed since
JUSTICES' COURTS
951
CHAP. 90.
the rendition of such judgment; but if three years shall have
elapsed, no execution shall be awarded until such judgment
shall be revived in the manner hereinafter provided.
SEC. 6. No plaintiff, nor his legal representatives, shall,
at any time after the expiration of three years from the ren-
dition of a judgment by any justice of the peace, sue out an
execution thereon, unless such judgment shall be revived as
hereinafter directed.
SEC. 7.—To enable a plaintiff, or his legal representa-
tives, to revive any such judgment, he or they shall cause to
be filed an affidavit with the justice of the peace before whom
the judgment was rendered, or his successor in office, stating
that no part of such judgment has ever been paid, or if any
part thereof has been paid, state how much, and the balance
due on such judgment.
SEC. 8.-Upon the filing of such affidavit, it shall be the
duty of the justice to cause a citation to be served on the
defendant, commanding him to appear before said justice, at
his next law-day, and show cause, if any he has, why such
judgment shall not be revived.
After three
years, execu-
tions shall not
issue, unless
judgment be
revived.
New section.
Application
to revive judg-
ment to be by
affidavit; what
it shall set
forth.
Acts 1851,
P. 231.
Citation to
be served on
defendant, to
show cause
why judgment
should not be
revived.
If no suffi-
cient cause ap-
ment of revi-
rendered.
val shall be
SEC. 9. -If the defendant fail to appear after service and
return of the citation, or, appearing, shall fail to show suf-pear, judg-
ficient cause to the justice why the judgment shall not be re-
vived, the justice shall make an entry on his docket, reviving
the same from the date of such entry, and issue execution,
unless otherwise directed, for the amount of what may appear p. 231.
to be due on such judgment, with interest thereon, and all
costs.
SEC. 10. If the defendant shall, on appearing, show and
establish that the judgment has been paid or satisfied, and
that execution ought not to be issued on the judgment of the
justice, judgment shall be given against the person filing the
affidavit, in favor of the defendant, for all costs; and such
judgment shall forever be a bar against the former judgment.
SEC. 11. A revived judgment shall, upon the entry of
such revival, have the same force and effect, in all respects, as
the original judgment.
SEC. 12.-A judgment once revived may be again re-
vived in the same manner, and with like effect, as the first
revival was had.
Acts 1851,
If sufficient
cause shown,
judgment to
be for defend-
ant.
Acts 1851,
p. 231.
Effect of re-
vived judg-
ments.
New section.
Judgments
once revived,
may be again
revived.
Service of
SEC. 13. Every citation issued under the preceding sec- citations.
E VOL. II.
952
JUSTICES' COURTS.
serving cita-
when.
CHAP. 90.
Manner of tions shall be directed to the party to be served therewith,
tions, and and placed in the hands of the constable of the township in
which the suit is pending, which shall be executed by him in
New section. any part of his county, and the time and manner of the ser-
vice shall be like that of a summons, for which he shall re-
ceive similar fees.
Transcripts
of judgments
may be exhi-
bited for al-
lowance.
Manner in
shall proceed,
ant fails to ap-
from the time
set for trial.
SEC. 14. If a defendant die after a final judgment
against him, a transcript of such judgment shall be exhibited
to the county court, to be proceeded on as other judgments
against the estate of a deceased person.
SEC. 15.- When a defendant who has been duly served
which justice with process, or when a defendant who has once appeared to
when defend a suit, the trial of which has been adjourned, shall neglect to
pear after appear within three hours after the return of the process, or
three hours the adjourned time, the justice shall proceed in the cause in
the following manner: First, If the suit be founded upon an
instrument of writing, filed with the justice at the commence-
ment of the action, and purporting to have been executed by
the other party, and the demand of the plaintiff is liquidated
by such instrument, the justice shall, whether the plaintiff
appear or not, render judgment with costs against the de-
fendant, by default, for the amount which shall appear by
such instrument to be due to the plaintiff, after allowing the
proper discounts for all payments endorsed thereon; Second,
If the suit be not founded on an instrument of writing, as is
declared in the preceding clause of this section, and the
plaintiff appear in person, or by his agent, the justice shall
proceed to hear his allegations and proofs, and shall deter-
mine the cause as the very right thereof shall appear from
the testimony; and if it appear from such testimony, that the
plaintiff is entitled to recover, judgment shall be rendered,
by default, against the defendant, for so much as the testi-
mony shows the plaintiff entitled to, together with costs; and
if it do not appear that the plaintiff ought to recover, judg-
ment shall be given for the defendant, as upon a verdict.
against the plaintiff; Third, If the plaintiff fail to appear,
except where the suit is founded on an instrument of writing,
as is declared in the first clause of this section, the justice
shall render judgment of nonsuit against the plaintiff, with
Nonsuit to be
entered, when.
costs.
SEC. 16.- In all cases, not otherwise specially provided
JUSTICES' COURTS.
953
CHAP. 90.
for, if the plaintiff fail to appear in person, or by agent,
within three hours after the time appointed for the trial of
the cause, the justice shall render judgment of nonsuit against
him, with costs. (a)
Power to set
aside nonsuit;
proceedings
SEC. 17.- Every justice of the peace shall have power,
on the application of the party aggrieved, or his agent, and
for good cause shown, to set aside the judgment of nonsuit, thereon.
and by default, above directed, upon the payment of all costs
then accrued. Every such application shall be made within
ten days after the rendering of the judgment; and if, in the
meantime, any execution has been issued, the justice may re-
voke the same, in the manner hereinafter provided for revok-
ing an execution, after an appeal has been allowed, and with
the like effect. The justice shall, in all cases, make an entry
in his docket of every such application, and of the day on
which it was made, together with his orders thereon. (b)
SEC. 18. If any such judgment be set aside, and a new
trial granted, the justice shall fix a time for such trial, and
make out, under his hand, a notice to the opposite party, stat-
ing the fact that such judgment has been set aside, and
specifying therein the time and place fixed for the trial. The
notice shall be served on the party, or his agent in the suit,
six days before the trial, and shall be executed and returned
in like manner as a summons, and the same fees shall be
allowed therefor.
SEC. 19.—If the office of the justice who tried the cause
become vacant from any cause, or if the party against whom
the judgment of nonsuit, or by default, is entered, die within
the time allowed to make an application to set aside the same,
the application may be made within ten days after the papers
belonging to said office shall be delivered to some other jus-
tice of the township, or after the executor or administrator
is qualified; and if an execution has issued, the same. may be
revoked by such justice, or by any court or officer authorized
(a) Judgment of nonsuit given against a party by a justice will not bar
him from instituting a new suit for the same cause of action. Ellington v.
Crockett, 13 Mo. Rep., 72.
(b) A justice has no power to grant a new trial, except in
suit, or of judgment by default. Downing v. Garner, 1 Mo.
justice cannot grant a new trial after a verdict by a jury.
8 Mo. Rep., 45.
A
cases of non-
Rep., 539.
Cason v. Tate,
If nonsuit be
set aside, no-
tice to be
made out and
posite party.
served on op-
If office of
justice be-
come vacant,
or the party
judgment was
entered, die,
against whom
how to pro-
ceed.
954
JUSTICES' COURTS.
Suit to be
tried, when.
On appear-
ance, trial to
commence.
Considera-
tion of a bond
or note
CHAP. 90.
to grant injunctions, in the same manner as executions may
be revoked by a justice of the peace.
SEC. 20.- Every suit shall be determined on the return
of the process duly served, unless the cause be adjourned.
SEC. 21.When both parties appear before the justice in
person, or by agent, at the time appointed for the trial of the
cause, the justice shall proceed to hear the allegations and
proofs of the parties, and judgment shall thereupon be ren-
dered according to the finding of the justice or jury.
in
may any
SEC. 22.-In any action pending in a justice's court, or
court on an appeal therefrom, the foundation of which
be impeached. is a bond or note, the obligor or maker of such bond or note
may impeach its consideration, and show a partial or total
failure thereof, and reduce or prevent the plaintiff's recovery.
accordingly; nor shall such defence be precluded by reason
of the existence of any contract, verbal or otherwise, made.
with the obligee or payee, which would give a right of action
in the obligor or maker, in the event of a partial or total
failure of the consideration of the bond or note. (a)
Such de-
fence may be
made against
assignee of
such instru-
ment.
Either party
may demand a
jury.
Jury to con-
sist of six, but
parties may
agree on a
smaller num-
ber.
SEC. 23. — Such defence may be made against any as-
signee of a bond or note; but nothing herein contained shall
affect or impair the rights of any holder of a bill of exchange,
or negotiable promissory note.
SEC. 24. Before the justice shall commence an investiga-
tion of the merits of the cause, by an examination of the
witnesses, or the hearing of any other testimony, either of
the parties may demand of the justice that the cause be tried
by a jury.
SEC. 25.-The jury shall consist of six persons; but the
parties may agree upon any number of jurors, less than six,
to try the cause, and in that case the jury shall consist of
such number, not exceeding six, as the parties may agree upon.
(a) Myers v. Hay, 3 Mo. Rep., 72; Davis v. Cleaveland, 4 Mo. Rep., 206.
A sold his "equitable title" to a tract of land to B, who executed his note
to A for the purchase-money. It turned out that A had no title available
at law or in equity. Held, that there was a total failure of consideration.
6 Mo. Rep., 642. A cannot sue B on a bond made by the latter to C, to pay
A a certain sum of money, for which the obligor has received no conside-
ration. 7 Mo. Rep., 86. A sold B certain slaves, warranting his title to be
good. Held, as long as B remains in undisturbed possession of the slaves,
he cannot set up, as a defence to a note given for the purchase-money, that,
at the time of the sale, the title was not in A. In such case, there is no
failure of consideration, within the meaning of this section. 16 Ibid, 411.
JUSTICES' COURTS.
955
CHAP. 90.
SEC. 26. The justice shall issue a summons, directed to
the constable of the township wherein the cause is to be
tried, commanding him to summon six (or such number as
the parties may have agreed upon) good and lawful men of
the township, qualified to serve as jurors in the circuit court
of the said county, who shall be nowise of kin to either
party, nor interested in the suit, to appear before such jus-
tice, at a time and place to be named therein, to make a jury
for the trial of the action between the parties named in such
summons.
Summons for
jury to be is-
sued to the
constable.
Manner in
which sum-
executed.
SEC. 27.—The constable shall execute such jury summons
fairly and impartially, and shall not summon any person mons shall be
whom he has reason to believe is biassed or prejudiced for or
against either of the parties He shall summon the jurors
personally, and shall make a list of the persons, which he
shall certify and annex to the summons, and return to the
justice. If a sufficient number of competent jurors cannot be
obtained from the panel returned, the constable shall imme-
diately summon others to serve in their places.
If constable
do not obtain
to
SEC. 28.-If the constable to whom the jury summons
shall have been delivered do not return the same as thereby full jury, new
required, or if a full jury be not obtained in the manner de-summons
clared in the preceding section, the justice shall issue a new
jury summons.
—To
SEC. 29. To each juror the justice shall administer an
oath, well and truly to try the matter in difference between
defendant, and, unless discharged
by the justice, a true verdict to give according to the
evidence.
"
plaintiff, and
SEC. 30. After the jury are sworn, they shall sit to-
gether and hear the allegations and proofs of the parties,
which shall be delivered publicly in their presence.
SEC. 31.—If a witness, on being produced, shall be ob-
jected to as incompetent, such objection shall be tried and
determined by the justice. Every person offered as a witness,
before any testimony shall be given by him, shall be duly
sworn or affirmed, that the evidence he shall give relating to
the matter in issue between
plaintiff, and defend-
ant, shall be the truth, the whole truth, and nothing but the
truth.
,
issue, &c.
Oath to be
administered
to the jurors.
They shall
hear the evi-
dence, &c.
Incompeten-
decided by
justice. Form
ness.
cy of evidence
of oath to wit-
Either party
may be called
SEC. 32. In trials before justices of the peace, either on to testify.
956
JUSTICES' COURTS.
Either party
may be sub-
penaed as a
witness.
Mode by
amined on in-
Acts 1849,
CHAP. 90.
party may call on his adversary to testify as a witness in the
cause; and if either, being so called on, refuse, the other
shall be permitted to testify as a witness in such cause. (a)
SEC. 33. Either party in any suit may cause the opposite
party to be subpenaed as a witness in the cause, in the same
manner, and with the like effect, as any other person. If the
party, after being duly subpenaed, fail to attend the trial
personally, the justice may allow the other party to be sworn
and examined as a witness, in all cases, and with like effect,
as if the party summoned had been personally present and
had refused to testify.
SEC. 34. — If an appeal shall be taken to the circuit court,
which a non- or other court having jurisdiction of such appeal, and one of
resident party
may be ex- the parties be a non-resident of the State, the other party
terrogatories. may, by motion, apply for an order of court to examine the
non-resident party on interrogatories, in relation to any fact
or facts, material in the trial of any issue, or on the hearing
of any motion. The motion shall state the facts he expects
to prove by the examination of the party, and be accompa-
nied by the interrogatories, and may be made upon two days'
notice to the adverse party, or his attorney.
p. 98.
Requisites
SEC. 35. The party applying for such order shall make
of the affida- an affidavit to the effect: First, That he believes the answer
vit; proceed-
ings thereon. of the party will be material evidence for him, on such trial
or hearing; Second, That he believes he cannot prove the
same facts, or prove them so satisfactorily, by any other
Acts 1849, person; and, Third, That the order is not asked to procure
delay. The court may thereupon make an order, that the
party answer the interrogatories, or such of them as the
court may specify, on oath, and file such answer in the cause
within such time as the court may direct.
p. 98.
Penalty for
lect to answer
SEC. 36.—If the party neglect or refuse to answer such
refusal or neg. interrogatories, and file the same within the time specified in
interrogato- the order, the trial may be stayed until the order is complied
with; or the court may, by order, declare that the facts
ries.
Acts 1849,
p. 98.
(a) When the plaintiff proves his demand by the defendant, the latter
will not be allowed at the same time to prove, by his own testimony, a
set-off, claimed by him against the demand. Music v. Music, 7. Mo. Rep.,
495. One defendant cannot be summoned to testify against a co-defendant.
It was not the intention of the statute to suffer one defendant to prejudice,
by his own oath, or by his disobedience to a subpoena, the right of a co-de-
fendant. Levy v. Hawley, 8 Mo. Rep., 510.
JUSTICES' COURTS.
957
CHAP. 90.
stated in the motion, which were expected to be proved by
the answer, stand admitted, and may be given in evidence
accordingly.
An answer
to interroga-
SEC. 37. If the answer to the interrogatories be filed, it
may be used as evidence by either party; but the court or tories may be
used as evi-
jury trying the issue, or the court hearing the motion, shall
dence.
not be required to give it any other or greater weight than,
under all the circumstances, it is entitled to.
SEC. 38.-If the answer to the interrogatories contain
new matter, relevant to the issue or motion, but not respon-
sive to the interrogatories, such new matter may be given in
evidence by the party making the answer; but in that case,
the other party shall have a right to file his answer to, or [in]
explanation of, such new matter, on oath, in his own favor, and
it shall be received in evidence accordingly, subject, how-
ever, to the rule in regard to weight, prescribed in the last
section.
SEC. 39. If any suit or set-off be founded upon any in-
strument of writing, purporting to have been executed by the
opposite party, and the same shall have been filed with the
justice, according to the preceding provisions of this act,
such instrument shall be received in evidence on the trial,
unless the party charged to have executed the same, before
the jury is sworn, or the trial submitted to the justice, shall
deny the execution thereof, on oath, taken before some
justice, or by an affidavit, filed with the justice, and taken
before any court or officer authorized to administer oaths. (a)
SEC. 40. The preceding section shall not be construed
to authorize any instrument of writing to be received in evi-
dence without proof of its execution against an executor or
administrator, or any other person representing the person
charged to have executed such instrument.
SEC. 41.-When the jurors have agreed on their verdict,
they shall deliver the same to the justice, publicly, who shall
enter it on his docket.
SEC. 42.- Whenever a justice shall be satisfied that a
(a) The execution of a bond or note may be denied ore tenus, under oath.
Kennerly v. Weed, 1 Mo. Rep., 480. Under this section, the only conse-
quence of a failure to deny the execution of a note sued upon under oath,
is to relieve the plaintiff from the necessity of proving its execution.
Under a plea of non est factum, without affidavit, every other defence is ad-
missible. Klein v. Eichelberger, 17 Mo. Rep., 326.
Acts 1849,
p. 99.
If it contain
new matter, it
may be used
as evidence by
the party
making the
answer; rights
of adverse
party in such
case.
Acts 1849,
p. 99.
Any instru-
ment offered
in suit or set-
offis evidence,
unless denied
on oath.
The preced-
ing section not
executors
tors.
to extend to
or
administra-
Verdict to
be delivered
publicly.
Jury dis-
charged, and
new trial
granted, when
958
JUSTICES' COURTS.
Penalty for
failing to ap-
pear as a
juror.
Justice may
enter judg-
CHAP. 90.
jury, sworn in any cause before him, after having been out a
reasonable time, cannot agree on their verdict, he may dis-
charge them and issue a new jury summons, unless the
parties consent that the justice may render judgment upon
the evidence already before him, which, in such cases, he
may do, unless they consent that the trial, upon a new
hearing, shall be by the justice. (a)
SEC. 43.- Every person who shall be duly summoned as a
juror, and shall not appear, nor render a reasonable excuse
for his default, shall be subject to the same fine, to be re-
covered with costs, in the same manner, and applied to the
same use, as hereinbefore provided in respect to the person.
summoned as a witness and not appearing.
ARTICLE VII.
OF JUDGMENTS, AND FILING TRANSCRIPTS THEREOF, AND OF
THE STAY OF EXECUTIONS.
21. Justice may enter judgment by | 11. Execution may be stayed by
confession.
2. Confession to be taken only on
certain conditions.
3. In what instances one judg-
ment set-off against another.
4. Proceedings in such cases.
5. Duty of justices in such cases.
6. In what additional cases non-
suit to be entered.
7. When suit goes against plaintiff,
he must pay costs.
8. When suit goes in favor of
plaintiff, defendant pays the
costs.
9. In cases of nonsuit, withdraw-
al, confession or verdict,
judgment to be given forth-
with thereon, and within
three days in other cases.
10. The party recovering a sum
exceeding the justice's juris-
diction, may release the ex-
cess.
consent.
12. Form of the recognizance.
13. Execution to issue at the ex-
piration of stay, if not paid
by principal; proceedings.
14. Bail entitled to judgment, and
ten per cent. interest, for
what he pays.
15. If stay is agreed to after exe-
cution issued, the same to be
called in.
16. Transcript given by justice
when required; may be filed
in circuit court; duty of
clerk.
17. Such transcript a lien on land
of defendant; execution not
to issue until return of nulla
bona by constable.
18. Judgments rendered by justices
of the peace shall not be
stayed, &c., on account of
informality, &c.
SECTION 1.-A justice of the peace may enter a judg-
ment by con- ment, by confession of the defendant, in any case where the
fession, when. amount confessed shall not exceed the amount for which a
justice is authorized to render judgment in an action.
(a) In a suit before a justice, the effect of a judgment will be given to
the verdict of a jury, as soon as the verdict is entered on the docket.
Rutherford v. Wim, 3. Mo. Rep., 12.
JUSTICES' COURTS.
959
CHAP. 90.
SEC. 2.—No confession shall be taken, or judgment ren-
dered thereon, unless the following requisites be complied
with: First, The defendant must personally appear before
the justice in open court, on his regular law-day; Second,
The confession must be in writing, signed by the defendant,
or by some person by him thereto lawfully authorized, and
filed with the justice. Nothing herein contained shall be con-
strued to extend to confession of judgment in actions com-
menced by process. (a)
SEC. 3.—If there be mutual justices' judgments between
the same parties, upon which the time for appealing has
elapsed, one judgment, on the application of either party,
and reasonable notice of such application to the adverse
party, may be set off against the other, by the justice before
whom the judgment against which the set-off is proposed
may be.
SEC. 4.-If the judgment proposed as a set-off was ren-
dered before another justice, the party proposing such set-
off must produce before the justice a transcript of such judg-
ment, upon which there shall be a certificate of the justice
rendering the judgment, that there is no appeal or existing
execution thereon, and that such transcript was obtained for
the purpose of being set off against the judgment to which
it is offered as a set-off. The justice granting such transcript
shall make an entry thereof in his docket; and all further
proceedings on such judgment shall be stayed, unless such
transcript be returned with the proper justice's certificate
thereon, that it has not been allowed in set-off.
SEC. 5.-If any justice shall set off one judgment against
another, he shall make an entry thereof in his docket, and
execution shall issue only for the balance which may be due
after such set-off. If a justice shall allow a transcript of a
judgment, rendered by another justice, to be set off, he shall
file such transcript among the papers relating to the judgment
in which it is allowed in set-off. If he shall refuse such set-
(a) This section relates to confessions taken where there is no process.
Davis v. Wood, 7 Mo. Rep., 162. Vide, section two, article six, of act of
1845; Hunter v. Reinhard, 13 Mo. Rep, 23; Huff v. Knapp, 17 Mo. Rep.,
414. A judgment rendered on a confession, not in writing, is void. Oyster
v. Shumate, 12 Mo. Rep., 580. This section does not extend to confessions
in actions commenced by process. 20 Mo. Rep., 96.
E VOL. II. 2
Confession
to be taken
only on cer-
tain condi-
tions.
In what in-
stances one
judgment set
off against
another.
Proceedings
in such cases.
Duty of jus-
tice in such
cases.
960
JUSTICES' COURTS.
In what ad-
ditional cases
entered.
CHAP. 90.
off, he shall so certify on the transcript, and return the same
to the party who offered it.
SEC. 6.-Judgment of nonsuit, with costs, shall be ren-
nonsuit to be dered against the plaintiff in the following cases, in addition
to the cases specially provided for: First, If he withdraw his
action; Second, If he be nonsuited upon the trial. But no
judgment of nonsuit shall be rendered after the cause is sub-
mitted for trial, except by the consent of the plaintiff.
When plain-
tiff fails in his
SEC. 7.-Judgment for the defendant, with costs, shall be
suit, judg- rendered whenever a trial or hearing has been had, and no
ment for costs sum shall be found by the verdict of the jury, or by the
to be entered
for defendant. decision of the justice, in favor of the plaintiff.
Plaintiff
shall have
SEC. 8. Judgment for the plaintiff, with costs, shall be
judgment for rendered whenever a trial or hearing has been had, and any
sum shall be found by the verdict of a jury, or decision of
the justice, in favor of the plaintiff.
costs, when.
In cases of
drawal, con-
fession or ver-
dict, judg-
ment given
SEC. 9.-In cases where a plaintiff shall be nonsuited, or
nonsuit, with- withdraw his action, and where judgment shall be confessed,
or where a verdict shall be rendered, the justice shall forth-
with render judgment, and enter the same in his docket. In
forthwith all other cases he shall render judgment, and enter the same
thereon, and
in other cases in his docket, within three days after the cause shall have
within three been submitted to him for his final decision.
days.
sum
The party
SEC. 10.-If any sum be found in favor of a party, either
recovering a
exceed by the verdict of a jury, or upon hearing of a cause before
ing the jus- the justice, exceeding the sum for which the justice is au-
tice's juris- thorized to give judgment, such party may remit and release
release the ex- the excess, and take judgment for the residue.
diction, may
cess.
Execution SEC. 11.-The execution upon a judgment rendered by a
may be stayed justice of the peace, may be stayed for any length of time
agreed upon by the parties to the judgment.
by consent.
Form of the
recognizance.
SEC. 12. As a condition for such stay, the plaintiff may
require that some responsible person, to be approved by him,
enter into a recognizance, to be signed by him, in this form:
-, acknowledge myself indebted to
in the sum
“I,
of
of
dollars, to be void upon this condition: Whereas,
obtained a judgment before a justice of the peace
township, in
18——, against
the expiration of
2
county, on the
day of
Now, if such judgment shall be paid at
months, the time agreed as the length
of the stay from the time it was rendered, this recognizance
JUSTICES' COURTS.
961
CHAP. 90.
shall be void." The recognizance shall be in a sum sufficient
to secure the judgment and costs.
SEC. 13.-If, at the expiration of such stay, the judgment
be not paid, the execution shall issue against the principal
and bail. If the principal do not satisfy the execution, and
the officer cannot find sufficient property belonging to him
upon which to levy, he shall levy upon the property of the
bail, and in his return shall state what amount of money
collected by him upon the execution was collected from the
bail, and the time when the same was received.
SEC. 14. After the return of such execution, the bail
shall be entitled, upon motion, to a judgment before a justice
of the peace, for the amount collected from him in satisfac-
tion of such execution, with interest thereon, at ten per cent.
per annum, and such return of the officer shall, upon such
motion, be evidence of the facts therein stated. No such
motion shall be made after the expiration of three months
from the return day of the execution.
SEC. 15.-If a judgment be stayed in the manner above
prescribed, after an execution shall have been issued thereon,
the justice shall revoke such execution in the same manner,
and with like effect, as he is hereinafter directed to revoke an
execution after an appeal has been allowed.
SEC. 16.-Every justice, on the demand of any person in
whose favor he shall have rendered judgment, shall give to
such person a certified transcript of such judgment, and the
clerk of the circuit court of the same county in which the
judgment was rendered, (or, if in St. Louis county, the clerk
of the Land Court,) shall, upon the production of any such
transcript, file the same in his office, and, also, record the same
in a book to be kept for that purpose, and forthwith enter
such judgment in his docket of court judgments, and shall
note therein the time of the filing of such transcript. (a)
SEC. 17.- Every such judgment, from the time of filing
the transcript, shall have the same lien on the real estate of
the defendant in the county, as is given to judgments of cir-
cuit courts, and shall be under the control of the court where
the transcript is filed; may be revived and carried into effect
(a) A justice, in certifying transcripts from his docket, may embrace
several judgments in one certificate, and it will not be necessary to certify
eash judgment separately. 8 Mo. Rep., 208. Vide, 12 Mo. Rep., 143.
Execution
shall issue at
the expiration
of stay, if not
paid by prin-
cipal; pro-
ceedings, &c.
Bail entitled
to judgment,
and ten per
cent. interest
for what he
pays.
If stay is
agreed to af-
ter execution
issued, the
same to be
called in.
Transcript
given by jus-
tice when re-
quired; it may
be filed in cir-
cuit court; du-
ty of clerk.
Judgment a
lien on the
land of defend-
ant, from time
of filing the
transcript.
962
JUSTICES' COURTS.
Execution
not to issue
antil return of
nulla bona by
constable.
Judgments
rendered by
CHAP. 90.
in the same manner, and with like effect, as judgments of cir-
cuit courts; and executions issued thereon may be directed
to, and executed in, any county in this State; but no execu-
tion shall be sued out of the court where the transcript is
filed, if the defendant is a resident of the county, until an
execution shall have been issued by the justice, directed to
the constable of the township in which the defendant resides,
and returned that the defendant had no goods or chattels
whereof to levy the same.
SEC. 18.- No judgment rendered by a justice of the
justices shall peace shall be stayed, or in any way affected, by reason of
not be stayed, any informality in entering such judgment, or other entry
required to be made in the docket, or for any other default
or negligence of the justice or constable, by which neither
party shall have been prejudiced.
&c., on ac-
count of in-
formality, &c.
New section.
ARTICLE VIII.
OF EXECUTIONS, AND PROCEEDINGS THEREON.
21. Executions issuable on all judg-| 15. Trial to cease, if claim with-
ments of justice.
2. Justice having legal possession
of another's docket, may is-
sue execution thereon.
3. To whom execution directed;
when returnable.
4. Form of execution.
5. Statements of justice and con-
stable on the execution.
6. How the execution is to be di-
rected when the defendant re-
sides out of township, or has
property out of the same.
7. If execution not satisfied, it may
be renewed by endorsements
thereon, &c.
8. After levy, constable to adver-
tise and sell.
9. In what manner sale is to be
conducted.
10. No constable permitted to pur-
chase.
11. Under what circumstances gar-
nishees to be summoned.
12. When property is claimed by
another, a jury to be sum-
moned to try the right of
property.
13. Jurors and witnesses sworn by
constable; jury, judges of law
and fact.
14. If jury find against claimant,
officer justified in selling
goods; who pays costs.
drawn.
16. Notwithstanding verdict for
claimant, property to be sold,
if officer be indemnified by
bond of plaintiff.
17. Suit may be brought on bond
by claimant.
18. After execution of bond, claim-
ant barred of right of action
against officer.
19.
20.
Penalty on jurors for not attend-
ing trial of right of property.
When the property is not the
defendant's in execution, the
injured purchaser may sue
such defendant.
21. Constable shall receive all mo-
neys due on execution or judg-
ments; liability of constable
concerning same.
22. Payments not to be made to
justice, unless with consent
of party to whom the same
are due.
23. Enumeration of instances when
constable is liable; summons
against him and securities.
24. What summons shall contain,
and how executed.
25. In case only part are served,
how to proceed.
26. If a jury be not demanded, the
justice shall try the cause and
render judgment.
JUSTICES' COURTS.
963
CHAP. 90.
8 27. If the trial be before a jury, 29. Justice has jurisdiction in all
they shall hear the proof, and
render verdict; judgment to
be rendered on such verdict.
Appeals allowed.
28. In what additional instances
constables liable.
cases arising under the twen-
ty-third and twenty-eighth
sections of this article.
Party may proceed as above di-
rected, or bring suit on bond.
31. The use of capias abolished.
30.
SECTION. 1.-Upon every judgment rendered by a justice,
execution shall be issued by such justice, in the manner here-
inafter prescribed, so soon as judgment is rendered, unless
the justice is expressly directed by the party entitled thereto,
or his agent, not to do so.
SEC. 2.—When any judgment shall have been rendered
by any justice of the peace, and the same shall not be satis-
fied during his continuance in office, and the docket of such
justice shall have been transferred to another justice, or to
the successor of the justice rendering judgment, the justice
to whom the docket shall be delivered shall issue execution
upon such unsatisfied judgment, in the same manner, and with
like effect, as if he himself had rendered the judgment.
SEC. 3.-The execution shall be directed (except where
it is otherwise specially provided) to the constable of the
township where the justice resides, shall be dated on the day
it is issued, and if it be for a sum not exceeding ninety dol-
lars, exclusive of interest and costs, it shall be returnable in
sixty days from its date, and in all other cases, in ninety
days, and it shall be against the goods and chattels of the
person against whom the same is issued.
SEC. 4.
Such execution may be in the following form:
greeting: Whereas,
2
on the
"The State of Missouri, to the constable of township,
in the county of
day of, 18. obtained judgment before the under-
signed, justice of the peace of the township of -———————, in
county, against, for
ges, (or damages,) and also for
dollars, for his debt and dama-
dollars for his costs: You
are, therefore, commanded to levy the same of the goods
and chattels of the said, according to law: You are
further commanded to return this writ to the undersigned
justice, within
days from the date. Given under my
hand, this
day of
18—
,
Execution is-
suable on all
judgments of
justice.
Justice hav-
ing legal pos-
other's dock-
et, may issue
session of an-
execution
thereon.
To whom di-
rected; when
returnable.
Form of ex-
ecution.
A B, Justice."
964
JUSTICES' COURTS.
Statements
of justice and
constable
execution.
on
CHAP. 90.
SEC. 5.Before any execution shall be delivered, the jus-
tice shall state in his docket, and, also, on the back of the
execution, an account of debt, damages and costs, and of the
fees due to each person, separately; and the officer receiving
such execution shall endorse thereon the time of the receipt.
Lien of exe- of the same; and the execution, from the time of delivery to
the constable, shall be a lien on the slaves, goods, chattels,
and shares in stocks of the defendant, found within the limits.
within which the constable, or other officer, can execute the
process. (a)
cution.
How the exe-
sution is to be
directed, when
defendant re-
out of same.
SEC. 6.—In all cases where the defendant resides out of
the township where the judgment was rendered, or where he
has goods and chattels out of the same, but in another town-
sides out of
ship in the same county, or where there are several defend-
township, or
has property ants residing in different townships in the same county, the
justice shall, at the option of the plaintiff, direct the execution
to the constable of the township in which the judgment was
rendered, who shall execute the same in any part of his
county; or he may direct it to the constable of the township
in which the defendants, or any of them, reside, or in which
their goods and chattels may be found.
If execution
is not satis-
fied, it may be
renewed by
endorsement
thereon.
After levy,
Constable to
Bell.
SEC. 7.-If any execution be not satisfied, it may, at the
request of the plaintiff, be renewed from time to time, by the
justice issuing the same, or the justice to whom his docket is
transferred, by an endorsement thereon to that effect, signed
by him, and dated when the same shall be made. If any part
of such execution has been satisfied, the endorsement of re-
newal shall express the sum due on the execution: every such
endorsement shall renew the execution in full force, in all re-
spects, for the same space of time, between its date and first
return, and no longer; and an entry of such renewal shall be
made in the docket of the justice.
SEC. 8. — The constable, after taking goods and chattels
advertise and into his custody, by virtue of an execution, shall, without
delay, give public notice of the time and place, when and
where they will be exposed to sale, by setting up three ad-
vertisements one at the office of the justice issuing the exe-
cution, and one at each of two other of the most public places
(a) Vide, Brown ". Burrus, 8 Mo. Rep., 26.
JUSTICES' COURTS.
965
CHAP. 90.
in the township; but in case the execution issued from an-
other township, then the advertisements to be set up-one at
each of three of the most public places in the township where
the property is found. Such notice shall describe the goods
and chattels taken, and shall be put up at least ten days be-
fore the day of sale.
SEC. 9.At the time and place so appointed, if the goods
and chattels be present for inspection of bidders, the officer
shall expose them to sale at public vendue, to the highest
bidder, if there be more than two persons present competent
to bid. He shall return the execution, and have the money
before the justice at the time of making such return, ready
to be paid over to the persons respectively entitled thereto.
SEC. 10.—No constable, or other officer, shall, directly or
indirectly, purchase any goods or chattels at any sale made
by him upon execution; and every such purchase shall be ab-
solutely void. (a)
In what man-
be conducted.
ner sale is to
No constable
permitted to
purchase.
Garnishees
may be sum-
SEC. 11.-If there be not sufficient goods and chattels
whereon to levy an execution, the constable shall summon, in moned, when.
writing, as garnishees, such debtors, or other persons, having
in their possession, or under their control, money, property
or effects of the defendant in the execution, as may be named
to him by the plaintiff or his agent, to appear before the jus-
tice at his next law-day, to answer such interrogatories as
may be exhibited against them touching their indebtedness,
or their possession or control of money, property or effects,
belonging to such defendant; and like proceedings shall be
had thereon before the justice, to final judgment and execu-
tion, as in suits instituted by attachment in justices' courts.
SEC. 12. If a constable levy an execution on any goods.
or chattels, and any person other than the defendant in the
execution claim such property, and deliver to the constable
a written notice of such claim, verified by affidavit, the con-
stable may summon six persons, competent to serve as jurors
in a justice's court, to assemble at such time and place in the
township as he shall direct, not exceeding ten days from the
time he is so notified of such claim, to try the right of pro-
(a) A justice may render judgment against a garnishee for an amount
within his jurisdiction, although the indebtedness of the garnishee to the
defendant exceed the jurisdiction of the justice. Doggett v. St. Louis Ma-
rine and Fire Insurance Company, 19 Mo. Rep., 201.
When pro-
perty is claim-
ed by another,
a jury to be
summoned to
try the right
of property.
966
JUSTICES' COURTS.
Jurors and
witnesses to
be sworn by
constable; ju-
rors to be
judges of law
and fact.
If jury find
against claim-
CHAP. 90.
perty between the defendant in the execution and such claim-
ant, and shall give the claimant at least three days' notice of
the time and place of trial.
SEC. 13.-The constable shall administer an oath to each
of the jurors, well and truly to try the right of property be-
tween the claimant and the defendant in the execution, to the
goods and chattels in controversy, and report their decision
to the constable. The constable may administer the oath to
the witnesses proposed to be examined. The jury shall be
judges of the law and fact. (a)
SEC. 14.—If the jury find the goods and chattels to be
ant, officer the property of the defendant in the execution, the verdict
justified in shall, as against the claimant, justify the officer in selling
selling the
goods; who such goods and chattels. If the verdict is for the claimant,
pays costs.
the plaintiff in the execution shall pay the costs of trial. If
it is against the claimant, the costs shall be paid by such
claimant; and the constable and witnesses shall be entitled
to the like fees as for similar services in a justice's court. (b)
SEC. 15.- If, at any time before the jury retire, the
be withdrawn. claimant withdraw his claim, the trial shall proceed no fur-
ther, and the claimant shall pay the costs of such unfinished
trial. (c)
Trial to
cease if claim
Notwith-
standing ver-
to be sold, if
officer be in-
demnified by
bond of plain-
tiff.
SEC. 16. Notwithstanding the jury find the goods and
dict for claim- chattels to be the property of the claimant, yet the officer
ant, property shall proceed to sell the same in satisfaction of the execu-
tion, if the plaintiff will tender to him a bond payable to the
officer, with good security, and conditioned to indemnify him
against all damages and costs which he may sustain in conse-
quence of the seizure and sale of the property on which the
execution shall have been levied; and, moreover, to pay and
satisfy any person, or persons, claiming title to such property,
(a) Where the constable offers in evidence the verdict of a jury sum-
moned to try the right of property, it must appear that the jury were sworn
by some person empowered to administer oaths. Although this section de-
clares that "the constable shall administer an oath to each juror, &c.," yet
any qualified officer may administer the oath. Brown v. Burrus, 8 Mo.
Rep., 26.
(b) The verdict of the jury was, that the property belonged to the plain-
tiffs in the execution. Held, this verdict justified the constable in selling.
Schroeder & Evers v. Clark, 18 Mo. Rep., 184. If a trial is had at the in-
stance of the claimant, and the right found against him, he cannot after-
wards sue the officer, though he may all other parties who have interfered
with his property. Ibid.
(c) When the claim is withdrawn, the constable is not warranted in pro-
ceeding with the trial. Brown v. Burrus, 8 Mo. Rep., 26.
JUSTICES' COURTS.
967
CHAP. 90.
all damages which such person, or persons, may sustain in
consequence of such seizure and sale.
Suit may
SEC. 17.—If such bond and security be given, it shall be
returned to the justice, with the execution, and the claimant be brought
on bond by
may, in the name of the officer to whom the bond is payable, claimant.
prosccute his or her suit upon the bond, and recover such
damages as the jury may assess.
SEC. 18. The claimant shall have a copy of the bond,
and, when necessary, may require the justice to produce the
original in any court of record; and, after the due execution
of such bond, he shall be barred of his right of action against
the officer, unless the obligors in the bond shall become in-
solvent.
SEC. 19.-If persons summoned as jurors upon such in-
quests for the trial of the right of property, fail to appear,
or, appearing, refuse to serve, the constable shall forthwith
summon others in their place, and shall have the same power
to fine every such person that a justice of the peace has in
respect to jurors summoned to attend before him. If any per-
son so fined neglect to render to the constable a reasonable
excuse for his failure or refusal, within thirty days from the
time of the imposition of such fine, the constable shall pro-
ceed to levy the same, together with the costs, of the goods
and chattels of the person fined, as upon a justice's execu-
tion, and shall pay the same, as soon as collected, to the
treasurer of the county, for the use of the school fund of
such county.
SEC. 20.—Where any property shall be sold on any exe-
cution or order of sale, by any officer lawfully authorized to
make such sale, and the sale be legally and bona fide made,
and the property actually delivered to the purchaser, and
such property so sold be not the proper goods and chattels
of the person against whom or whose property, the execu-
tion or order of sale may have issued, by reason of which
the purchaser at such sale may have been deprived of the
same property, or may have been compelled to pay damages
in lieu thereof to the real owner, then, in every such case, it
shall be lawful for such purchaser, his executors or adminis-
trators, to sue such person against whom such execution or
order of sale may have so issued, or the person legally re-
F VOL. II.
Claimant
barred of right
of action
against offi-
cer, when.
Penalty on
jurors for not
attending tri-
al of right of
property.
When the
property is
fendant's in
execution, the
injured per-
son may sue
not the de-
suh defend-
ant.
968
JUSTICES' COURTS.
Constable
shall receive
or judgment;
cerning the
CHAP. 90.
presenting him, in any court of law in the State having juris-
diction thereof, and recover such sum as he may have paid
for such property, with interest thereon from the time of
such payment.
SEC. 21. The constable of the township shall receive all
all moneys lue money that may be tendered to him in payment of any judg-
on execution ment obtained before a justice of the peace of such township,
liability of and shall give the person paying the same a receipt therefor,
constable con- in which shall be specified on what account the same was
paid; and the payment shall be valid against the judgment,
and, upon the production to the justice of the receipt there-
for, shall be credited therewith. The person entitled to the
money paid shall have the like remedies against the con-
stable and his securities for the recovery thereof, as if such
money had been collected by the constable on execution.
same.
Payments
not to be made
to justice.
SEC. 22. No payment of money, upon a judgment, made
to the justice, either before or after execution thereon, shall
be valid against such judgment, nor credited thereto, unless
paid with the consent of the person to whom the same is due.
SEC. 23. In the following cases, any justice shall, upon
stances, when any statement being filed before him by the party injured, or
constable is li- his agent, setting forth the nature of the case complained of,
mons against issue a summons against any constable, and his securities,
Enumera-
tion of in-
able; sum-
him and his
securities.
(jointly or severally, as may be named in the statement,) to
whom any execution has been delivered, or who has received
any money upon any judgment of a justice, whether with or
without execution, or who has received any money upon any
bond, note, account or other demand, placed in his hands for
collection, and for which he has given his receipt, or who has
received any money or property in pursuance of any of the
provisions of this act: First, If the constable fail to make
return of the execution, according to the command thereof;
Second, If he make a false return; Third, If he fail to have
any money, by him collected on execution, before the justice
on the return day thereof, ready to be paid over to the per-
sons entitled thereto, or have the receipts of such persons.
therefor; Fourth, If he fail to pay over, upon the demand of
the person entitled thereto, or his agent, any money received
by him in payment of any judgment, or upon any bond,
note, account or other demand, placed in his hands for col-
JUSTICES COURTS.
969
CHAP. 90.
lection, and for which he shall have given his receipt, or any
money or property received by him in pursuance of any of
the provisions of this act. (a)
What sum-
mons shall
how executed.
In case only
part are serv-
proceed.
SEC. 24. Such summons shall be in the form of an ordi-
nary summons, and [be] executed in like time and manner as contain, and
are [an] ordinary summons issued by a justice of the peace.
SEC. 25.- If the summons is served on only a portion of
those against whom it is issued, the justice shall, at the op-ed, how to
tion of the plaintiff or his agent, either proceed against those
served, and discontinue the proceedings against those not.
served, or he may continue the cause, and issue another sum-
mons against the parties not served, which shall, in all re-
spects, conform to the first summons, and at the return of the
second summons, whether executed or not, he shall proceed
and determine the cause.
SEC. 26.—If the defendant or defendants fail to appear,
or appearing, and a jury be not demanded, the justice shall
hear all proper allegations and proofs adduced before him;
and if it appear that the finding should be for the plaintiff,
the justice shall render judgment against such defendant or
defendants for the amount ascertained to be due on the com-
plaint, together with interest thereon, at the rate of one hun-
dred per centum per annum, from the time such execution
ought to have been returned, or from the time such money
ought to have been had before the justice, ready to be paid
over to the parties entitled thereto, or from the time the
money received on a judgment without execution, or collected
on a bond, note, account or other demand, was demanded by
such party, or his agent, or from the time the money or pro-
perty ought to have been paid or delivered.
If a jury be
not demand-
ed, the justice
shall try the
der judgment.
cause and ren-
If the trial
be before a
jury, they
shall hear the
allegations
render ver-
SEC. 27. If the trial be before a jury, they shall hear
like allegations and proofs, as in trials before the justice, and
if it appear that the finding should be for the plaintiff, the
jury shall return a verdict for the amount ascertained by
them to be due on the complaint, together with interest
thereon, for the same time and at the same rate as provided
in the last preceding section; and upon the return of such
verdict, the justice shall enter it in his docket and render a appeals allow-
judgment thereon. Upon all judgments rendered under this
a) Vide, Dickerson v. Apperson, 19 Mo. Rep., 319. Roach v. Settles &
Hunter, Ibid, 397.
and proof, and
dict; judg
ment to be
rendered on
such verlict;
ed.
New section.
970
JUSTICES' COURTS.
CHAP. 90.
In what ad-
ditional in-
liable.
and the last preceding section, appeals may be had as in other
cases, and with like effect.
SEC. 28. For the failure of a constable to make return
of
stances, the an execution according to the command thereof, for mak-
constable is ing a false return thereof, or for failing to have any fees by
him collected on execution, before the justice on the return.
day thereof, ready to be paid over to the officer or person
entitled thereto, the constable and his sureties shall be liable
to the same proceedings, and subject to the same penalties,
as are prescribed in the preceding sections. The said proceed-
ings shall be instituted by the officer or person entitled to
fees, and when commenced by a justice to whom fees are due,
shall be before some other justice of the township.
Justice has
jurisdiction in
SEC. 29. This act shall be so construed as to give to
all cases aris-justices of the peace jurisdiction, without regard to the amount
ing under cer- claimed, in any case provided by the twenty-third or twenty-
eighth sections of this article.
tain sections.
suit on bond.
Party may SEC. 30. The party injured may proceed against the
proceed as
above direct- constable and his sureties in the manner above directed, or
ed, or bring may institute a suit against them on the official bond, and, in
such suit, shall be entitled to the like recovery as upon a
summons against the constable and his securities; and suits
on such bond may be brought before a justice of the peace,
where the amount claimed does not exceed ninety dollars.
Capias abo-
lished.
SEC. 31.-No warrant or capias exccution shall issue by
authority of any of the provisions of this act.
ARTICLE IX.
OF APPEALS, AND PROCEEDINGS THEREON, IN THE CIRCUIT
COURT.
21. Appeals allowed to circuit court. 3
2. No appeal from judgment of de-
fault or nonsuit, unless with-
in ten days after the motion
to set aside.
3. No appeal allowed, unless cer-
tain requisites observed.
4. Form of recognizance.
5. Affidavit required, before appeal
allowed, that the same is not
for vexation or delay.
6. Affidavit may be taken, before
what officer; shall be filed
with the justice, when.
7. No appeal shall be dismissed
for want of affidavit, if one
be filed when objection made.
8.
Duty of justice when appeal is
allowed.
9.
When office of justice becomes
vacant, how appeal is to be
obtained.
10. When application is made in
time, but appeal not allowed,
court may compel it to be
done by rule and attachment.
11. If abated, appeal may be re-
vived and new parties added,
as in other cases.
When justice shall file his tran-
script in court.
12.
13.
On return of justice being filed,
court shall try the cause de
novo.
JUSTICES' COURTS.
971
CHAP. 90.
14. When return of justice is de- 20. All appeals allowed ten days
fective, court may compel him
to amend the same.
15. Court may compel proceedings
and papers to be returned.
16. Appearance of defendant in
justice's court, to cure all de-
fects in the writ.
17. Appeal shall not be dismissed
because there is no recogni-
zauce, but it may be entered
into before motion to dismiss
is determined.
18. The same cause of action that
was tried before the justice.
shall be tried in the appellate
court.
19. No set-off shall be pleaded in
court that was not before jus-
tice, when the summons shall
be personally served.
before court, to stand for trial
at such term.
21. If appeal not allowed on day
judgmentis given, notice must
be given.
22. If no notice be given, the ap-
pellee may have a continu-
ance.
23. If judgment of justice be affirm-
ed, it shall be entered against
the principal and his secu-
rities.
24. If principal shall not pay, the
securities must. What the
officer shall specify in his re-
turn.
25. If security pay any, he shall be
entitled to judgment for the
amount, with ten per cent.
interest, against principal.
SECTION 1. Any person aggrieved by any judgment
rendered by a justice of the peace, except a judgment by
confession, may, in person or by his agent, make his ap-
peal therefrom, unless otherwise provided by law, to the cir-
cuit court of the same county where the judgment was ren-
dered. (a)
SEC. 2. But no appeal shall be taken from a judgment
by default, or of nonsuit, unless, within ten days after the
rendering of such judgment, application shall have been made
to the justice by the party aggrieved, to set the same aside,
and such application shall have been refused. (b)
SEC. 3. No appeal shall be allowed in any case, unless
the following requisites be complied with: First, The appeal
must be made within ten days after the judgment rendered,
or, when judgment is by default or nonsuit, within ten days
after the refusal of the justice to set aside the default or non-
suit and grant a new trial; but if a non-resident of the
(a) Where there are several defendants, and an appeal is taken by one,
judgment cannot be rendered for those who did not join in the appeal.
Perry v. Block, 1 Mo. Rep., 342. Where all the defendants will not join
in the appeal, the one appealing must summon the others, and sever from
them. Ibid.
(b) An appeal on a judgment by nil dicit is good, without a motion for a
new trial. Thompson v. Curtis, 2 Mo. Rep., 169. Vide, Barnett v. Lynch,
3 Mo. Rep., 261. Where there is a judgment of nonsuit rendered in a suit
before a justice, and that judgment is set aside, and a new trial granted,
and a judgment again rendered against plaintiffs, an appeal from such judg-
ment may be taken, although more than ten days may have elapsed since
the rendition of the judgment of nonsuit. Fenton v. Russell, 6 Mo. Rep.,
143.
Any party
aggrieved by
justice's judg-
ment may ap-
peal to the cir-
cuit court.
No appeal
from judg-
ment by de-
fault, or of
less, &c.
nonsuit, un-
No appeal
allowed unless
certain requi-
sites be com-
plied with.
972
JUSTICES' COURTS.
Form of re-
cognizance.
CHAP. 90.
county where the suit shall be instituted, the party shall, in
all cases of appeal allowed by this act, have twenty days to
make such appeal; Second, The applicant, or some person
for him, together with one or more solvent securities, to be
approved by the justice, must, within the time prescribed in
the first clause of this section, enter into a recognizance
before the justice, to the adverse party, in a sum sufficient to
secure the payment of such judgment, and the costs of the
appeal, conditioned that the applicant will prosecute his ap-
peal with due diligence to a decision, and that if, on such
appeal, the judgment of the justice be affirmed, or, upon a
trial anew in the appellate court, judgment be given against
him, he will pay such judgment, and that, if his appeal be
dismissed, he will pay the judgment of the justice, together
with the costs of the appeal. (a)
SEC. 4. Such recognizance must be signed by the parties
entering into the same, and be approved by the justice, (6)
and may be in the following form:-
and
2
acknowledge our-
dollars, to be
has appealed from
"We, the undersigned,
selves indebted to - -, in the sum of
void upon this condition: Whereas,
the judgment of a justice of the peace, in an action
between
plaintiff, and, defendant; now if, on
such appeal, the judgment of the justice be affirmed, or if, on
the trial anew in the appellate court, judgment be given
against the appellant, and he shall satisfy such judgment, or
"
(a) It is not necessary that the recognizance should pursue the statute
verbatim: a substantial compliance is sufficient. Strange & Priest v. Ellis,
1 Mo. Rep., 291. The circuit court cannot hear evidence, as to the reason
why the appeal was not taken in proper time, but must dismiss the appeal
James v. Robinson, 1 Mo. Rep., 425. Vide, Sargent v. Sharp, 1 Mo. Rep.,
429; Pearce v. Meyers, 3 Mo. Rep., 23. By dismissing an appeal from a
justice, the circuit court divests itself of all power to reverse the judgment
of the justice. Barns v. Holland, 3 Mo. Rep., 34. By dismissing an ap-
peal, the judgment of the justice is left in full force. Ibid. Vide, Price
Halsed, 3 Mo. Rep., 323. Vide, Weisenecker v. Kepler, 7 Mo. Rep., 52.
An appeal must be taken within ten days from the entry of the verdict on
the docket. Rutherford v. Wim, 3 Mo. Rep., 12; Cason v. Tate, 8 Mo.
Rep., 45.
The recognizance is void, if not entered into in the time and
manner prescribed by law. Adams v. Wilson, 10 Mo. Rep, 341. The re-
cognizance for an appeal is strictly a recognizance, and not a penal bond;
nor must breaches be assigned in a suit upon such an instrument. Cockrill
v. Owen, 10 Mo. Rep., 287.
(b) Vide. Sargent v. Sharp, 1 Mo. Rep., 429.
If a justice fail to ap-
prove and attest a recognizance for an appeal, it is void. Cockrill v. Owen,
10 Mo. Rep., 287.
JUSTICES' COURTS.
973
CHAP. 90.
if his appeal shall be dismissed, and he shall pay the judg-
ment of the justice, together with the costs of the appeal,
the recognizance shall be void.
A B,
C D.
Approved
day of 18-.
G H, Justice."
SEC. 5.- No appeal shall be allowed, unless the party ap-
plying therefor, or some person for him, will make affidavit,
that the application for an appeal is not made for vexation
or delay, but because he believes the appellant is injured by
the judgment of the justice. (a)
-
SEC. 6. The affidavit may be taken by any officer quali-
fied to administer oaths, and shall be filed with the justice,
when the application for appeal shall be made. Upon re-
quest, it shall be the duty of the justice to prepare the affi-
davit, or recognizance.
SEC. 7.-No appeal shall be dismissed for want of an
affidavit, if the appellant, or some person for him, will file in
the appellate court the affidavit required by law before a
motion to dismiss is determined.
SEC. 8. Upon an appeal being made according to the
foregoing provisions, the justice shall allow the same, and
immediately make an entry of such allowance in his docket,
and all other proceeđings on the judgment before the justice
shall be suspended by the allowance of the appeal; and if,
in the meantime, execution shall have been issued, the justice
shall give to the appellant a certificate, that an appeal in the
cause has been allowed, and, on presentation of such cer-
tificate to the constable, he shall forthwith release the
property of the defendant that may have been taken in
execution. (b)
SEC. 9.-If the office of a justice who tries a cause, be-
come vacant, or if the party entitled to an appeal die,
within the time allowed for entering the same, it shall be
granted within ten days after the office shall be filled, or the
(a) Vide, Myers v. Woolfolk, 3 Mo. Rep., 246; Price v. Halsed,
Ibid, 323.
(b) An appeal is not taken until a recognizance is entered into, and ap-
proved by the justice, although it may be entered on the docket of the jus-
tice, that an appeal was applied for and allowed on the day of trial. Slater
v. Steamboat Convoy, 10 Mo. Rep., 513.
Affidavit re-
quired before
appeal al-
lowed, that
not for vexa-
the same is
tion or delay.
Affidavit
may be taken,
before what
officer, and
filed.
No appeal
shall be dis-
missed for
want of affi-
davit, &c.
Duty of jus-
tice when ap-
peal is al-
lowed,
When office
of justice be-
comes vacant,
how appeal is
to be obtain-
ed.
974
JUSTICES' COURTS.
Circuit court,
by rule and
CHAP. 90.
docket of the justice shall have come into the hands of an-
other justice, in the manner provided by law, or an adminis-
trator or executor shall have qualified; and if an execution
has been issued, it may be revoked by the officer granting
the appeal, or by an officer or officers, or court, authorized to
grant injunctions, in the manner above prescribed.
SEC. 10.-If the justice fail to allow an appeal in the
attachment, cause, when the same ought to be allowed; or if, by absence,
may compel sickness, or any other cause on his part, an appeal cannot be
justice to al-
taken within time, the circuit court, or other court having
jurisdiction of such appeal, on such fact satisfactorily ap-
pearing, may, by rule and attachment, compel the justice to
allow the same, and to return his proceedings in the suit, to-
gether with the papers, required to be returned by him.
low an appeal,
when, &c.
If abated in
circuit court,
appeal may be
revived, &c.
When justice
shall file his
transcript in
court.
On return of
justice being
filed, court
shall be pos-
sessed of the
cause, and try
it de novo.
Court may
SEC. 11. When an appeal is pending in any court from
a justice of the peace, the suit may be revived, if abated,
and new parties may be introduced in the same manner as in
an original suit in said court.
SEC. 12. The justice before whom such appeal is made
shall, within sixys after the appeal is allowed, file, in the
office of the court having appellate jurisdiction, a transcript
of all the entries made in his docket, relating to the case,
together with all the process and other papers relating to the
suit and filed with the justice.
SEC. 13. Upon the return of the justice being filed in
the clerk's office, the court shall be possessed of the cause,
and shall proceed to hear, try and determine the same anew,
without regarding any error, defect, or other imperfection in
the proceedings of the justice. (a)
SEC. 14. Whenever the court is satisfied that the re-
compel justice turn of the justice is substantially erroneous or defective, the
court may, by rule and attachment, compel him to amend
the same.
to amend re-
turn.
Court may
SEC. 15. Upon an appeal being made and allowed, the
compel pro- court may, by rule and attachment, compel a return, by the
papers to be justice, of his proceedings in the suit, and of the papers re-
quired to be by him returned.
ceedings and
sent up.
(a) On an appeal from a justice, a transcript cannot be so amended as to
introduce a new plaintiff. Kraft v. Hurtz, 11 Mo. Rep., 109. Vide, At-
wood v. Reyburn, 5 Mo. Rep., 533. If the appellant fail to prosecute his
appeal, the judgment must be affirmed. (Martin v. White, 11 Mo. Rep.,
214, affirmed.) Starr v. Stewart, 18 Mo. Rep., 410.
JUSTICES' COURTS.
975
CHAP. 90.
SEC. 16.— The validity of the proceedings of the justice
shall not be impaired, nor in any wise affected, for the reason
that the original writ of summons in the cause did not run in
the name of the State of Missouri, if the defendant appeared
in the justice's court, unless he objected, in that court, to the
sufficiency of the writ, and such objection was overruled by
the justice, and so appears on the justice's docket.
Appearance
of defendant
in justice's
court, to cure
the writ.
all defects in
Appeal shal
not be dismiss-
there is
recognizance;
but it may be
entered int
ed because
SEC. 17.- No appeal allowed by a justice shall be dis-
missed on account that there is no recognizance, or that the
recognizance given is defective, if the appellant, or some
person for him, will, before the motion to dismiss is deter-
mined, enter, before the court, into such recognizance as he
ought to have entered into before the allowance of the
appeal, and pay all costs that shall be incurred by reason of determined.
such defect or omission.
SEC. 18. The same cause of action, and no other, that
was tried before the justice, shall be tried before the appel-
late court, upon the appeal. (a)
SEC. 19. In cases wherein the summons shall be, person-
ally served on the defendant, no set-off shall be pleaded in
the appellate court that was not pleaded before the justice. (b)
SEC. 20. All appeals allowed ten days before the first
day of the term of the appellate court, next after the appeal
allowed, shall be determined at such term, unless continued
for cause.
SEC. 21. If the appeal be not allowed on the same day
on which the judgment is rendered, the appellant shall serve
the appellee, at least ten days before the first day of the
term at which the cause is to be determined, with a notice, in
writing, stating the fact that an appeal has been taken from
the judgment therein specified. The notice may be served.
in like manner as an original writ of summons; and when
the appellee does not reside in the county, and has no agent
in the suit therein within the knowledge of the justice, the
service may be by leaving a copy of such notice with the
justice. (c)
(a) A defence may be made on the trial of an appeal which was not
made before the justice. Hall v. Mills, 11 Mo. Rep., 215.
(b) Vide, Cha e v. Chase, 8 Mo. Rep., 103.
(c) Vide, Hempstead v. Darby, 2 Mo. Rep., 32; Hayton v. Hope, 3 Ibid,
39; Newberry v. Melton, Ibid, 87.
F 2-VOL. II.
no
before motion
to dismiss it
Only the
same cause of
action shall be
tried in the
circuit court.
No new set-
off shall be
cuit court,
pleaded in cir-
&c.
All appeals
shall be deter-
mined at first
term.
If appeal be
not allowed on
the day judg
ment is given,
notice must be
given.
976
JUSTICES' COURTS.
CHAP. 90.
If no notice
be given, the
have a contin-
uance.
SEC. 22.-If the appellant fail to give notice of his
appellee may appeal, where such notice is required, the cause shall, at the
option of the appellee, be tried at the first term, if he shall
enter his appearance on the first day thereof, or at his in-
stance shall be continued as a matter of course, until the
succeeding term, at the costs of the appellant; but no appeal
shall be dismissed for want of such notice. (a)
If judgment
of justice be
affirmed, it
shall be en-
tered against
principal and
securities.
If principal
securities
must.
SEC. 23. In all cases of appeal from a justice's court,
if the judgment of the justice be affirmed, or if, on a trial
anew in the appellate court, the judgment be against the ap-
pellant, such judgment shall be rendered against him and
his securities in the recognizance for the appeal. (b)
SEC. 24. If, upon an execution being issued upon such
shall not pay, judgment, the principal shall not pay such execution, and the
officer cannot find sufficient property of such principal to
satisfy the same, such execution shall be enforced against the
securities; and the officer shall specify in his return by whom.
the money was paid, and the time thereof.
If security
shall be enti-
amount, with
ten per cent.
interest
against prin-
SEC. 25. After the return of an execution, satisfied in
pay any, he whole or in part out of the property of the security, such
tled to judg-security shall be entitled to a judgment, upon motion, against
ment for the the principal, for the amount paid by him, together with in-
terest thereon, at ten per centum per annum, from the time
of the payment. Such motion must be made within one year
after the return day of the execution, and the return of the
officer shall be evidence, upon the hearing of such motion, of
the facts therein stated; but, before any such judgment shall
be rendered, a notice shall be served upon the principal, at
least ten days before the first day of the term at which the
same is rendered.
cipal.
Approved December 6, 1855.
(a) Notice of an appeal is still necessary, notwithstanding a continuance
Such continuance
may have been granted at the first term for want of it.
does not necessarily dispense with the notice. The appeal is never properly
for trial until notice of it has been given, or until the appellee has done
some act from which notice is presumed, or the want of it waived. McCabe
v. Lacompte, 15 Mo. Rep., 78.
(b) If, upon the trial of an appeal in the appellate court, judgment be
rendered against the appellant, but not against his security on the recogni-
zance, an action upon the recognizance is not barred by such omission.
10 Mo. Rep., 287. Vide, Smith v. Keenan, 14 Mo. Rep., 529.
JUSTICES' COURTS-BREACHES OF THE PEACE.
977
CHAP. 91.
CHAPTER XCI.
JUSTICES COURTS-BREACHES OF THE PEACE.
AN ACT TO DEFINE THE JURISDICTION, AND REGULATE THE PROCEEDINGS
OF JUSTICES' COURTS IN CASES OF BREACHES OF THE PEACE.
? 1. Assaults and batteries not in- 13. Judgment to be entered for fine
dictable, but cognizable be-
fore justices of the peace.
2. Certain offences not cognizable
before justices of the peace,
but shall be punished by in-
dictment.
3. On complaint made, justice to
issue warrant for offences
cognizable before him; by
whom to be executed.
4. Offences in the last section
committed within the know-
ledge of justice, warrant to
issue; proceedings; when
such offences committed in
his presence, how to proceed.
5. Justice to hear and determine
the complaint in a summary
way.
6. Trial may be postponed by jus-
tice; defendant to give re-
cognizance; condition there-
of.
7. Failing to give recognizance,
to be committed to jail.
8. Breach of recognizance to be
certified to the court having
criminal jurisdiction.
9. If offence not cognizable before
justice, to proceed as in cri-
minal cases.
10. Injured party to be summoned,
and others who may be ma-
terial witnesses on the trial.
11. Trials to be by jury; fine not
less than one dollar, nor more
than one hundred dollars.
12. Name of injured party to be
entered as prosecutor, when.
and costs, when. Commit-
ment. Execution.
14. Defendant, after ten days, may
take the benefit of the laws
for the relief of insolvents.
Costs, how paid, &c.
15. Appeals may be taken, when;
affidavit to be filed; recogni-
zance to be entered into, and
how.
16.
17.
18.
Appeals, when to be returned.
When appeal is perfected, wit-
nesses to be recognized; duty
of justice to certify proceed
ings, &c.
Cause, when to be tried by the
court.
19. If judgment be affirmed, &c.,
judgment to be for the fine
and costs in both courts, &c.
Execution, when to issue.
20. Proceedings, how regulated.
21. Justice to certify the amount
of fine, to whom; duty of
the county treasurer, consta-
ble and county court, in such
cases.
22. In case of appeal, clerk of ap-
pellate court to certify
amount of fine, &c., to whom;
duties of county treasurer
and county court in such
cases.
23. Penalty on officers refusing to
perform duties required by
this act, also on persons re-
fusing to aid in arresting
offenders.
24. Fines, &c., how recovered.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.Hereafter no assault, battery or affray, shall
be indictable, but all such offences shall be prosecuted, and
punished in a summary manner, before justices of the peace,
as hereinafter provided. (a)
(a)
Vide, Calloway v. State, 1 Mo. Rep., 150.
Assaults,
batteries, &c.,
not indictable;
cognizable be-
fore justices
of the peace.
978
JUSTICES' COURTS-BREACHES OF THE PEACE.
Certain of-
fences not cog-
peace, but
CHAP. 91.
SEC. 2.-The jurisdiction of justices of the peace shall
nizable before not extend to trial or punishment in any case of riot, rout or
justices of the unlawful assembly, nor to any assault or battery, which, by
shall be pun- the then existing laws, may be punished by imprisonment, or
ishable by in- by a fine exceeding one hundred dollars, but all such offences
shall be punished [prosecuted] by indictment.
dictment.
On complaint
made, justice
to issue war-
rant for of
fences cogni-
zable before
him.
SEC. 3. Whenever a complaint shall be made to a justice.
of the peace, on the oath or affirmation of any person com-
petent to testify against the accused, that an assault, battery,
affray, or other breach of the peace, has been, or is about to
be, committed, the justice shall forthwith issue a warrant for
By whom to the arrest of the offender, which warrant shall be executed
by the sheriff of the county, or constable of the township, or
by some competent person specially deputed by the justice
for that purpose.
be executed.
Offences in
the last sec-
the justice,
warrant to is
sue; proceed-
ings.
SEC. 4.—If any justice of the peace shall have personal
tion, commit knowledge, that any of the offences mentioned in the last sec-
ted within the tion are about to be committed, he shall issue his warrant,
knowledge of
and proceed as is directed in that section; and if any such
offence is committed, threatened, or attempted in his pre-
sence, he shall immediately arrest the offender, or cause it to
be done; and for this purpose no warrant or process shall be
committed in necessary, but the justice may summon to his assistance any
sheriff, coroner or constable, and all other persons there pre-
sent, whose duty it shall be to aid the justice in preserving
the peace, arresting and securing the offenders, and all such
as obstruct or prevent the justice, or any of his assistants, in
the performance of their duty.
Such offences
his presence,
how to pro-
eeed.
Justice to
hear and de-
termine the
SEC. 5. When any person shall be brought before a jus-
tice of the peace, under the provisions of this act, it shall be
complaint in the duty of the justice to hear and determine, in a summary
mode, the complaint alleged against the defendant.
a summary
way.
Trial may
SEC. 6. Upon good cause shown, the justice may post-
be postponed
by justice; de- pone the trial of the cause to a day certain, in which case he
fendant to give shall require the defendant to enter into a recognizance, with
condition sufficient security, conditioned that he will appear before the
justice, at the time and place appointed, then and there to
answer the complaint alleged against him.
recognizance;
thereof.
To be com-
mitted to jail,
when.
SEC. 7.-If the defendant shall fail, or refuse, to enter
into recognizance, the justice shall commit him to the com-
JUSTICES' COURTS-BREACHES OF THE PEACE.
979
CHAP. 91.
mon jail of the county, there to remain until the day fixed
for the trial of the complaint alleged against him.
Breach of
to be certified
SEC. 8. In case of the breach of any recognizance, en-
tered into as aforesaid, the same shall be certified and recognizance
returned to the court having criminal jurisdiction in the to court.
county where the offence was committed, to be proceeded on
according to law.
SEC. 9. If, in the progress of any trial before a justice
of the peace, under the provisions of this act, it shall appear
that the accused ought to be put upon his trial for an offence
not cognizable before a justice of the peace, the justice shall
immediately stop all further proceedings before him, and pro-
ceed as in other criminal cases exclusively cognizable before
the circuit court.
SEC. 10.—In all cases arising under this act, it shall be
the duty of the justice of the peace acting in the case to
summon the injured party, and all others whose testimony
may be deemed material as witnesses at the trial, and to
enforce their attendance by attachment, if necessary.
SEC. 11. All trials before a justice of the peace, under
this act, shall be by a jury of six competent men, who, if
they find the defendant guilty, shall assess the fine to be paid
by him, which shall not be less than one dollar, nor more
than one hundred dollars, according to the nature of the
offence.
SEC. 12. When proceedings are commenced under the
provisions of this act, on the information or complaint of the
injured party, his name shall be entered by the justice on his
docket as prosecutor, and, if the defendant shall be discharged
or acquitted, shall be adjudged to pay costs; in other cases
of discharge or acquittal, the costs shall be paid by the
county.
SEC. 13. In all cases of conviction under the provisions.
of this act, the justice shall enter judgment for the fine and
costs against the defendant, and may commit him until the
judgment is satisfied, or issue execution on the judgment, to
the use of the county.
SEC. 14. Any defendant who shall be committed or
taken in execution on such judgment, may, at any time after
ten days' actual imprisonment in jail, take the benefit of the
laws for the relief of insolvent persons confined on criminal
If offence
not cognizable
before justice,
to proceed as
in criminal
cases.
Injured
party and
other witness-
es, to be sum-
moned.
Trials to be
by jury; fine
not less than
one dollar, nor
hundred.
more than one
Name of in-
jured party to
prosecutor,
be entered as
when.
Costs, how
paid.
Judgment
to be entered
costs, when.
for fine and
Commit-
ment; execu-
tion.
Defendant,
after ten days,
may take the
benefit of the
laws for relief
of insolvents.
980
JUSTICES' COURTS-BREACHES OF THE PEACE.
paid, &c.
CHAP. 91.
Costs, how process, and on taking the oath, and complying with the
other requisitions of said law, may be discharged; and in that
case the county shall pay the costs of the prosecution and
charges of imprisonment, and for the amount thereof shall
be a privileged creditor of the defendant, entitled to be first
satisfied out of his property and effects.
Appeals
may be taken;
affidavit to be
filed: recogni-
zance to be en-
tered into, and
how.
Appeals,
when to be re-
turned.
When ap-
peal is per-
SEC. 15. — Any person convicted under this act may ap-
peal to the court having jurisdiction of the appeal, if he shall,
at any time within ten days after the rendition of judgment,
file an affidavit, stating that he verily believes himself
aggrieved by the verdict and judgment, and, also, enter into
recognizance with sufficient sureties, householders of the
county, which recognizance shall be in the form, and with
the condition required in appeals from a justice of the peace
in civil cases. (a)
SEC. 16.-- All appeals taken ten days, or more, before
any term of the court of the county having jurisdiction of
the appeal, shall be returned to that term; but, if taken within
ten days next before the commencement of a term, shall be
returnable to the second term.
SEC. 17. When an appeal is taken and perfected accord-
fected, wit-ing to this act, it shall be the duty of the justice to cause all
nesses to be re- material witnesses to enter into a recognizance, in the sum
cognized; du-
ty of justice to of fifty dollars each, conditioned for their appearance to tes-
certify pro-tify in the cause at the term to which the appeal is return-
ceedings, &c.
able, and shall file in the office of the clerk of the court having
jurisdiction of the appeal, within six days after the appeal is
taken, a copy of the entries on his docket, with a copy of the
process and affidavit of appeal, and the original recognizance
of the defendant and witnesses, duly certified.
Cause, when
to be tried by
the court.
SEC. 18. The clerk of such court shall enter the cause on
his docket; and if the appeal be regularly taken, the cause
shall be heard on the merits at the return term, unless good
cause be shown for a continuance, and the costs in both courts
Judgment shall abide the event of the trial in such court.
to be for fine
and costs in
both courts,
when.
SEC. 19.-If the judgment of the justice shall be affirmed,
(a) Vide, section fourteen of act of 1845; Cox v. State, 9 Mo. Rep, 1&C;
Thomas v. State, 10 Mo. Rep., 235; Manion v. State, 11 Mo. Rep., 57c.
The appellant is not obliged to appear in person to prosecute his appeal, and
it is error to affirm the judgment upon his failure to do so; (State v. Buhs,
18 Mo. Rep, 318;) but if he fail to prosecute his appeal, the judgment is
properly affirmed. State v. Thevenin, 19 Mo. Rep., 237.
JUSTICES' COURTS-BREACHES OF THE PEACE.
981.
CHAP. 91.
or, upon a trial in the court to which the appeal is taken, the
defendant shall be convicted and any fine assessed, judgment
shall be rendered for such fine, and the costs in both courts,
against the defendant and his sureties, and execution issued.
thereon, which shall be levied of the property of the de-
fendant, if sufficient thereof be found; if not, then of the
property of the securities.
SEC. 20.—In all cases not specially provided for by this
act, the process and proceedings before the justice shall be
governed by the laws regulating proceedings in justices'
courts in civil cases.
SEC. 21. — It shall be the duty of the justice before whom
any conviction may be had under this act, if there be no
appeal, to make out and certify, and, within ten days after
the date of the judgment, deliver to the treasurer of the
county and clerk of the county court, each, (a) a statement of
the case, the amount of the fine, and return day of the
execution, and the name of the constable charged with the
collection thereof; and the county treasurer shall charge the
constable with the amount of such fine, and unless the same
be paid into the county treasury, on or before the return day
of the execution, the county court shall, at their next term,
(ten days' notice being given to the constable in default, and
his securities,) render judgment against them for the amount
due, and twenty per centum thereon, making, however,
proper deductions for insolvencies; on which judgment execu-
tion shall be issued, and the proceeds paid into the county
treasury.
SEC. 22.-It shall be the duty of the clerk of the court
before whom any judgment shall be rendered, upon an appeal
had under this act, to make out, certify, and, within the time
above allowed to justices, deliver to the officers above named
similar statements of facts, as above directed, and the name
of the officer charged with the collection of the execution;
and the county treasurer and the county court shall, in like
manner, perform the same duties in regard to such officer and
his securities, as above required as to constables and his
securities.
SEC. 23.—— Any justice of the peace, clerk, county
(a) The word "such" instead of "each" occurs in the rolls.
Proceedings,
lated.
how regu-
Justice to
certify the
amount of
fine, to whom;
duty of the
county trea-
surer, consta-
ble and county
court, in such
cases.
In case of
appeal, clerk
of appellate
court to cer-
tify amount
of fines, &c.,.
to whom; du-
treasurer and
ties of county
county court
in such cases.
Penalty on
officers, &c.
982
LANDS, STATE-SALE, DISTRIBUTION.
Fines, &c.,
how recOV-
ered.
CHAP. 92.
treasurer, sheriff, coroner or constable, who shall willfully
neglect or refuse to perform any duty enjoined on him by this
act, shall be deemed guilty of a misdemeanor in office, and
shall, moreover, pay the sum of fifty dollars; and any person
who shall, when summoned to aid in arresting or securing an
offender, refuse to give such assistance, shall pay five dollars.
SEC. 24. Fines and penalties incurred under this act, in
cases not otherwise provided, may be recovered before any
justice of the peace, by an action in the ordinary form, in the
name of the county.
J
Approved November 23, 1855.
CHAPTER XCII.
LANDS, STATE-SALE, DISTRIBUTION.
AN ACT TO PROVIDE FOR THE SELECTION AND SALE OF THE LANDS
GRANTED TO THIS STATE BY AN ACT OF CONGRESS, APPROVED SEP-
TEMBER 4, 1841.
1. Governor shall appoint a com- 8 11.
missioner to select lands.
2. In what counties such lands
shall be selected.
3. When the commissioner shall
proceed in his duties. He
shall select lands on which
rights of preemption are for-
feited.
4. Registry of such selected lands
to be kept.
5. Land-offices established.
6. Officers for the sale of said
lands to be appointed by the
Governor; their compensa-
tion; their removal.
7. Appointed by the General As-
sembly, when.
8. Shall take an official oath, and
give bond.
9. Lands forfeited by preëmptors
may be selected. Said se-
lection not to affect the rights
of said preëmptor by the
laws of the United States.
10. Officers to proceed to the land-
offices to take proof of rights
of preemption. Governor's
proclamation to issue, when.
12.
Who shall be entitled to a right
of preemption.
On payment being made by
preëmptors, patent to issue;
where the same shall be re-
corded.
13. Rights of preemption and cer-
tificates of purchase made
assignable. Patents may is-
sue, how.
14. Questions of right of preëmp-
tion to be decided by register
and receiver.
15. Appeal allowed from their de-
cision to the Governor.
16. Proceeds of such sales to be
paid quarterly into the State
treasury.
17. Governor may prescribe rules,
&c., for the officers appointed
under this act.
18.
19.
Quarterly reports of sales to be
made.
Rights granted to settlers by
the United States, secured
by this act.
20. Commissioner to make weekly
returns of lands selected by
him.
LANDS, STATE-SALE, DISTRIBUTION.
983
CHAP. 92.
? 21. Register of Lands to transmit | 23. If lands cannot be selected in
to the officers appointed un-
der this act, plats of the
located lands.
22. Mileage allowed receivers for
traveling expenses.
the counties named, they may
be selected, where.
24. Commissioner to be a practical
surveyor. No chain carriers,
to be employed by him.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.—That the Governor shall appoint some com-
petent person, whose duty it shall be, under such regulations
and restrictions as may be hereinafter provided, to select the
balance of the five hundred thousand acres of land, granted
to this State by an act of Congress, approved September
fourth, one thousand eight hundred and forty-one, remaining
unselected by the commissioners appointed by the Governor
of this State. (a)
SEC. 2. Said lands shall be selected in the counties of
Platte, Buchanan, Andrew and Holt.
Governor
shall appoint
a commis-
sioner.
Lands to be
selected.
When com-
missioner
to execute his
duties, &c.
SEC. 3. The said commissioner shall, as soon as procla-
mation is made by the President of the United States, for the shall proceed
sale of the public lands in said counties, proceed to the exe-
cution of his duties, as required by this act. And as soon as
the right of pre-emption, now held to any of said lands, by
any act of Congress, shall become forfeited, from any cause,
the said commissioner shall immediately proceed to select the
same, or any such part thereof as he may deem advisable,
and report the fact of such selection to the register of the
land-office where such lands are advertised for sale by
the United States, setting forth in said report the particular
lands selected, the ranges, townships, sections and parts of
sections, and number of acres.
SEC. 4.-
Said commissioner shall enter, in a book to be
kept for that purpose, all such lands as he may select, de-
signating each tract by its section or part of section, town-
ship and range, and number of acres; and, after such
selections are conpleted, he shall deliver the same to the
Register of Lands, at the City of Jefferson, to be filed in his
office.
SEC. 5.—A land-office shall be, and is hereby, estab-
lished at the town of Sparta, in Buchanan county, at
(a) The statutes concerning State lands were not revised.
G VOL. II.
To enter in a
book the lands
&c.
he may select,
Land-offices
established.
984
LANDS, STATE-SALE, DISTRIBUTION.
Registers
and receivers
to be appoint-
ed.
CHAP. 92.
which place all the lands selected in Platte, Buchanan, An-
drew and Holt counties, under the provisions of this act,
shall be sold; and there is hereby established three additional
land-offices, for the sale of the lands heretofore selected under
the act of Congress aforesaid, at the following places, to wit:
First, At the town of Edina, in the county of Knox, for the
sale of all lands now selected north of the Missouri river, and
east of the range line dividing ranges seventeen and eighteen;
Second, At the town of Chillicothe, in Livingston county,
for the sale of all lands north of said river, and west of said.
range line; and, Third, At the town of Springfield, in Green
county, for the sale of all lands now selected south of the
Missouri river.
SEC. 6. The Governor shall appoint a register and
receiver for the land-office at Sparta, as soon as the commis-
sioner shall make his report, as is provided in the fourth sec-
tion of this act. He shall likewise appoint a register and
receiver for each of the places in the last preceding section men-
tioned, to superintend the sale of the lands in their respective
districts, who shall receive for their services one per cent.,
and tenure of each, on the whole amount received at their respective offices;
and said registers and receivers shall hold their offices until
the first day of January, one thousand eight hundred and
forty-five, unless sooner removed for malfeasance in office;
and the Governor is hereby empowered, upon good cause
known to him, to remove any such register or receiver, and
to fill any vacancy occasioned thereby, or from any other
Their fees
office.
To be elect-
how.
cause.
SEC. 7.— After the first day of January, one thousand
ed, when and eight hundred and forty-five, the offices of register and re-
ceiver shall be filled by joint vote of the General Assembly,
for the term of two years.
Shall take
an oath.
SEC. 8. Said registers and receivers, before entering
upon their duties, shall take an oath, before some person
authorized by law to administer oaths, faithfully and impar-
tially to discharge the duties imposed upon them by this act,
or which may be imposed upon them by any law. They shall
likewise enter into bond to the State of Missouri, the register
in the sum of five thousand dollars, and the receiver in the
sum of twenty thousand dollars, with good and sufficient
security, to be approved by the Governor, conditioned for the
LANDS, STATE-SALE, DISTRIBUTION.
985
CHAP. 92.
faithful performance of the duties of their respective offices.
The said bonds to be filed and recorded in the office of the
Secretary of State, and may be sued on by the Attorney-
General, or any circuit attorney, in the circuit court of the
county in which said register or receiver may reside; and a
certified copy of such bond is hereby made sufficient evidence
in any court of this State.
Duties of
the commis-
SEC. 9. The commissioner, in the discharge of his duties,
may select all such lands as may, from any cause, be for- sioner.
feited by persons entitled to pre-emptions to the same under
any act of Congress; but such persons, after the selection of
any such lands by the commissioner, shall have the same right
of pre-emption to the said lands, under the authority of this
State, as they possessed prior to said forfeiture, under any
of the acts of Congress; and, in making proof of the right
of pre-emption, which shall be before the register and receiver,
they shall be governed by the same laws, rules and regula-
tions, as are required by the United States.
Duties of
registers and
SEC. 10. The registers and receivers who may be ap-
pointed under the provisions of this act, immediately after receivers.
their appointment, shall proceed to the respective districts.
and offices assigned them by the Governor, to take proof of
pre-emptions under this act; and the Governor shall issue his
proclamation, giving notice to all persons claiming pre-emp-
tions, to come forward and prove, and pay for the same; and
all persons claiming such pre-emptions shall have one year
from the date of such proclamation, to prove and pay for the
same, at the rate of one dollar and twenty-five cents per
acre.
Who entitled
tion right.
SEC. 11.- Every person, being the head of a family, or
widow, or single man over the age of twenty-one years, and to a preëmp-
who is a bona fide citizen of this State, and has made, or shall
hereafter make, a settlement or improvement on the lands.
heretofore located by this State, under or by virtue of the act
of Congress, approved the fourth of September, one thousand
eight hundred and forty-one, or who shall inhabit or improve
the same, or who has a dwelling, or who shall erect a dwelling
thereon, shall be, and is hereby, declared entitled to a pre-
emption right on said land of one hundred and sixty acres,
to include his improvements, or, if he desire it, a less quan-
986
LANDS, STATE-SALE, DISTRIBUTION.
On proof and
payment, du-
plicate re-
issued.
CHAP. 92.
tity, according to the legal subdivisions prescribed by the
laws of the United States.
SEC. 12. - Upon any person proving any pre-emption, and
paying for the same at the rate of one dollar and twenty-five
ceipts to be cents per acre, the register and receiver shall issue duplicate
receipts, one to the purchaser, and the other to be certified to
the Secretary of State; and, upon the receipt of the same by
the Secretary of State, the Governor shall grant a patent to
said purchaser, his heirs and assigns; and all patents so made
out, shall be signed by the Governor, countersigned by the
Secretary of State, and recorded in his office.
Preëmption
ferable.
SEC. 13.- All pre-emption rights under this act shall be
rights trans- transferable, and certificates of purchase may be transferred
or assigned, and patents may issue in the name of the
assignee.
Conflicting SEC. 14. When two or more persons claim pre-emptions
rights to bede-
cided in favor on the same land as heretofore selected, or which may here-
of first settler. after be selected, the right shall be deemed to be in him, or
her, who shall have made the first settlement on said land, to
be decided by the register and receiver of the proper land
office: Provided, That this section shall not be so construed
as to apply to any case when the person who made the first
settlement has transferred or sold his interest in or to said
land, but in such case the right of pre-emption shall vest in
the person then in possession of the same.
Proviso.
Either party
such cases.
SEC. 15.. In all cases when two or more persons claim the
may appeal in right of pre-emption under this act to the same land, either
party may have the right of appeal from the decision of the
register and receiver to the Governor, whose decision shall be
final.
Moneys to be
paid quarterly
sury of the
State, &c.
into the trea-
Governor to
prescribe fur-
ther rules and
regulations.
SEC. 16. — That the moneys arising from the sale of lands,
as heretofore mentioned, shall be paid by the respective re-
ceivers, quarterly, into the treasury of this State, and it shall
there be set apart by the Treasurer as, and denominated, the
"Internal Improvement Fund;" and the Auditor and Trea-
surer shall place all moneys received into the treasury aris-
ing from the sale of said lands, to the credit of said fund.
SEC. 17. — In order to carry fully into effect the provisions
of this act, the Governor of this State shall prescribe, from
time to time, such further rules and regulations, in relation to
LANDS, STATE-SALE, DISTRIBUTION.
987
CHAP. 92.
the duties of all officers appointed under the provisions of this
act, as he may deem advisable.
SEC. 18.-It shall be the duty of the register to make
quarterly reports of all lands sold, under the provisions of
this act, at his office, to the Register of Lands at the City of
Jefferson, describing said lands by ranges, townships, sections
or parts of sections, the number of acres, by whom entered,
and the amount paid for same, and the said Register of Lands
shall record the same in a book to be kept for that purpose.
SEC. 19. — The ninth section of this act shall be so con-
strued as to guaranty to all persons the same rights and pre-
ferences under this act which they now have, or may here-
after have, under any of the pre-emption laws of the United
States.
SEC. 20.— That the commissioner, appointed by virtue of
the first section of this act, shall make weekly returns to the
land-office of the district in which said lands may be situate,
of the lands by him located.
Registers to
make quarter-
ly reports.
Construction
of the ninth
section of this
act.
Commission-
er to make
weekly re-
turns.
Duty of the
Lands.
SEC. 21. That the Register of Lands of this State shall,
immediately upon the appointment by the Governor of the Register of
several registers and receivers required by this act, transmit
to said registers and receivers the plats of all lands that may
have been located in their respective districts.
SEC. 22.―That each receiver, in addition to one per
cent. on the money by him received, shall receive for his tra-
veling fees to the Seat of Government to make payment into
the treasury, at the rate of five cents per mile, going and
coming, and no more.
SEC. 23. If the said lands of good quality cannot be
selected in the counties named in the second section of this
act, the Governor is hereby authorized and required to ap-
point a commissioner or commissioners to select the said
lands in any other part of the State that may be designated
by the Governor.
Compensa-
tion to receiv-
ers for travel-
ing expenses.
Governor to
appoint com-
missioners to
select lands,
&c.
er shall be a
SEC. 21.-No person shall be appointed a commissioner, Commission-
under the provisions of this act, unless he be a competent practical sur-
practical surveyor, and he shall not be permitted to employ veyor.
any other surveyor, nor shall any chain-carriers be employed
by said commissioner.
This act to take effect from and after its passage.
Approved February 27, 1843.
988
LANDS, STATE-SALE, DISTRIBUTION.
CHAP. 92.
Person enti-
tled to pre-
ëmption
rights, what
time given to
pay for land.
In what time
rights must be
proven, &c.
AN ACT AMENDATORY TO AN ACT ENTITLED, "AN ACT TO PROVIDE FOR THE
SELECTION AND SALE OF THE
THE LANDS GRANTED TO THIS STATE BY AN
ACT OF CONGRESS, APPROVED SEPTEMBER FOURTH, ONE THOUSAND EIGHT
HUNDRED AND FORTY-ONE,´ "" APPROVED FEBRUARY TWENTY-SEVEN, ONE
THOUSAND EIGHT HUNDRED AND FORTY-THREE.
1. Persons entitled to preëmption |
rights, what time given them
to pay for their land.
2. In what time preëmption rights
must be proven, or right for-
feited.
3. Preëmptor proving his right,
entitled to a certificate.
4. Full payment may be made at
time of making proof.
5. What persons entitled to a pre-
ëmption right, on what quan-
tity of land, and at what price.
6. Lands authorized to be sold.
7. Law liberally construed in fa-
vor of preemptors.
8. No affidavit required when pre-
ëmption is proven.
9. Certificates of preemption as-
signable.
10. Assignment, and acknowledg-
ment thereof, prima facie evi-
dence.
11. Who authorized to administer
oaths and to take testimony.
12. Additional lands may be select-
ed in certain counties. Com-
pensation of commissioner.
13. Penalty for trespassing on the
State lands.
14. All fines under this act to be
paid into the State treasury.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.—All persons entitled to pre-emption rights
under the act to which this is amendatory, or who shall be
entitled under the provisions hereinafter contained, may pay
for their land at any time previous to the third Monday in
November, in the year of our Lord eighteen hundred and
forty-seven.
SEC. 2.-Every pre-emptor wishing to avail himself of the
preemption benefits of the preceding section, shall be required to make
proof of his rights, as such, on or before the first day of No-
vember next; and any claimant failing to make the proof re-
quired by this act, and the act to which this is amendatory,
within the time required by this act, shall forfeit his pre-emp-
tion right.
Preëmptor
proving his
right, entitled
to certificate.
Full payment
may be made,
when.
What per-
SEC. 3.—Each pre-emptor, upon making proof, as in the
last preceding section required, shall be entitled to a certifi-
cate from the register and receiver, setting forth the fact of
the proof of the pre-emption right.
SEC. 4.- Any pre-emptor, at the time of making proof,
make full payment, and, upon making full payment,
shall be entitled to a full receipt.
may
SEC. 5.-Every person, being the head of a family, or
sons entitled over twenty-one years of age, or widow, who has heretofore
to preëmption
right, &c.
made, or who shall hereafter make, a settlement in person
LANDS, STATE-SALE, DISTRIBUTION.
989
CHAP. 92.
upon any of the lands granted to this State by said act of
Congress, upon which no right of pre-emption shall at the
time exist, and who has erected, or shall erect, a dwelling-
house thereon, and who shall inhabit and improve the same,
shall be entitled to a pre-emption right, at one dollar and
twenty-five cents per acre, to one-quarter section of land, to
include the improvement: Provided, That where such settle-
ment shall not have been made upon a quarter section, but
upon other legal subdivisions, such settler shall be entitled to
a pre-emption right upon adjoining legal subdivisions, to in-
clude the improvement, so as not to exceed one hundred and
sixty acres, or the number of acres contained in a quarter
section: Provided, A quarter-quarter section shall not be
considered a legal subdivision.
-
SEC. 6. All lands held in this State, under and by virtue
of said act of Congress, not held by pre-emption, shall be of-
fered for sale to the highest bidder, for cash, by the registers
and receivers, at their respective land-offices, on the first
Monday in December, eighteen hundred and forty-five, which
sale shall continue from day to day, without delay, until all
such lands shall be sold, or offered for sale, and no such lands
shall be sold for less than one dollar and twenty-five cents
per acre; and all such lands, not sold, shall be subject to
private entry, immediately after such sale, at one dollar and
twenty-five cents per acre: Provided, Such sales and entries
shall be in legal subdivisions of half-quarter sections.
Proviso.
Lands au-
thorized to be
sold to the
highest bid-
der, for not
dollar and
twenty-five
cents per
less than one
acre; if not
bought at pri-
sold, may be
rate sale at
said price.
Law liberal-
ly construed
SEC. 7.-The act to which this is amendatory shall be
liberally construed in favor of persons claiming the right of in favor of pre-
pre-emption under said act.
ëmptors.
No affidavit
SEC. 8.-The act to which this is amendatory shall not
be so construed as to require any affidavit, by the pre-emptor, required,
upon making proof of his pre-emption right.
when.
Certificates
SEC. 9.- Certificates, authorized by the third section of
this act, shall be assignable, and patents may issue in the of preemption
name of the assignee.
SEC. 10.— Assignments of pre-emption rights, and certifi-
cates of purchase, authorized by this act, or the act to which
this is amendatory, evidenced by writing, executed in the
presence of a subscribing witness, and proved or acknow-
ledged before any justice of the peace, or other officer au-
thorized by law to take the proof or acknowledgment of
assignable.
Assignments,
ledgment
thereof, prima
and acknow-
facie evidence.
990
LANDS, STATE-SALE, DISTRIBUTION.
Who author-
ized t. admi-
nister oaths
and take tes-
timony.
Additional
lands may be
selected in
certain coun-
ties.
tion of com-
missioner.
CHAP. 92.
conveyances, shall be prima facie evidence of such assign-
ment.
SEC. 11. The registers and receivers are hereby author-
ized to administer oaths, and to hear testimony relative to
the proof of pre-emption rights and assignments, or such tes-
timony may be taken before any judge, justice of the peace,
or clerk of any circuit or county court.
SEC. 12. Any additional lands there may be to select,
the commissioner is hereby authorized to locate in the coun-
ties of Buchanan, Andrew, Holt, Clinton, Gentry and De-
Kalb; and any land located in the county of Clinton shall be
Compensa- sold at the land office at Savannah. And said commissioner
who may be employed in locating any remnant there may
yet be of the five-hundred-thousand-acre grant, shall be en-
titled to receive three dollars per day for his services, and
one dollar for each township plat he shall necessarily procure
in the discharge of his duty: the amount to which such
commissioner shall be entitled, to be ascertained by the Go-
vernor, who shall certify the amount to the Auditor, and the
Auditor shall draw his warrant for the same on the Treasurer,
to be paid out of the proceeds of the five-hundred-thousand-
acre grant.
Penalty for
State lands.
SEC. 13.-Any person cutting or injuring the timber upon
trespassing on the lands of the State, shall be fined four-fold the injury
done, to be recovered by indictment: Provided, The fine
shall not be less than twenty dollars in any case: And, pro-
vided further, That this section shall not extend to pre-
emptors cutting timber upon lands to which they are entitled
by pre-emption right: Provided, That any person fined for
cutting timber upon land that has been offered for sale ac-
cording to this act, may, by entering the land upon which
the trespass was committed, and paying all cost incurred by
reason of any suit for such trespass, be released from such
fine.
All fines un-
der this act to
SEC. 14. — All fines imposed under this act shall be paid
be paid into into the State treasury, and added to the internal improve-
the State trea- ment fund.
sury.
This act to take effect and be in force from and after its
passage.
Approved March 13, 1845.
LANDS, STATE-SALE, DISTRIBUTION.
991
CHAP. 92.
AN ACT FOR THE DISTRIBUTION OF THE PROCEEDS OF THE SALES OF THE
FIVE HUNDRED THOUSAND ACRES OF LAND, DONATED TO THIS STATE BY
THE CONGRESS OF THE UNITED STATES.
1. Proceeds of sales set apart, to? 4. To be applied by the counties
be distributed among the
to internal improvements.
counties.
2. Duty of Auditor and Treasurer
to ascertain the amount aris-
ing from such sales, and to
apportion and divide the same
in equal shares.
3. To enter the amount allotted,
and give each county credit
therefor.
Proviso.
5. County court to make a draft
on the Auditor for the sum
due. Duty of Auditor.
6. Counties may apply their funds
to one purpose.
7. Auditor to notify clerk when
amount allotted is in the trea-
sury.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
Proceeds of
sales set apart
to be distri-
the counties.
SECTION 1. That the proceeds which have arisen, or may
arise, from the sales of the five hundred thousand acres of
land, granted to this State by an act of Congress entitled, buted among
"An act to appropriate the proceeds of the sales of the
public lands, and to grant pre-emption rights," approved Sep-
tember the fourth, one thousand eight hundred and forty-
one, be, and the same are hereby, set apart, to be distributed
among the several counties of this State, which are, or may
hereafter [be,] at any time before the final distribution of said
proceeds, be organized.
SEC. 2.-It shall be the duty of the Auditor of Public
Accounts, together with the State Treasurer, on the first
Monday in April, in each year, to ascertain the amount of
money which may then be in the treasury of the State,
arising from said sales, and to apportion and divide the same
among the several counties of this State which may then be
in existence, giving to each county a share thereof, share
and share alike.
SEC. 3.-The Auditor of Public Accounts and State
Treasurer shall enter upon the books of their offices, respect-
ively, the amount of money allotted to each county, as afore-
said, giving to each county credit for such amount.
SEC. 4. The several sums of money which shall be re-
ceived by the several counties of this State, under the provi-
sions of this act, shall be applied by the county courts of the
several counties, to purposes of internal improvement: Pro-
vided, however, That in the event that the proceeds of said
sales may hereafter be permitted by act of Crongress, to be
G 2-VOL. II.
Duty of Au-
ditor and
Treasurer to
apportion and
same in equal
divide the
shares.
Further du-
ties.
The money
to be applied
to internal im-
provement.
Proviso.
992
LANDS, STATE-SALE, DISTRIBUTION.
4:
County court
to make draft
on the Audi-
tor, &c., who
shall draw his
warrant.
Counties
may unite
their funds.
Auditor to
notify clerk,
when amount
allotted is in
the treasury.
CHAP. 92.
applied to any purposes other than internal improvement, it
shall be lawful for the county court of any county to apply
the same to such purposes, as to such courts shall seem best,
and not inconsistent with the provisions of the act of Con-
gress in relation thereto.
SEC. 5. The county court of each of the counties afore-
said shall make its draft upon the Auditor of Public
Accounts for the sum due to its county; and the Auditor
shall, on receipt of such draft, draw his warrant in favor of
the person named in the draft, on the Treasurer of the State,
who shall pay the same out of the fund in the treasury
allotted to such county.
SEC. 6. It shall and may be lawful for any two or
more counties to unite their respective funds, and to apply
the same to one common purpose.
SEC. 7.It shall be the duty of the Auditor of Public
Accounts, immediately upon ascertaining the amount in the
treasury allotted to any county, under the provisions of the
second section of this act, to notify the clerk of the county
court of such county thereof, who shall report the same to
the county court at its next term, after the receipt of such
notice.
This act to take effect and be in force from and after its
passage.
Approved March 27, 1845.
Registers
and receivers
to keep their
offices in the
same house,
&c.
AN ACT REGULATING THE FEES OF THE REGISTERS AND RECEIVERS OF THE
STATE LAND-OFFICES, AND FOR OTHER PURPOSES.
21. Registers and receivers to keep | 3. Certain counties added to the
their offices in the same
house.
2. Fees of registers and receivers.
territory out of which lands
shall be selected, and such
lands shall be sold, when.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.-That the registers and receivers of the
State land-offices in this State shall hold and keep their
offices in the same house, and they shall be allowed a reason-
able compensation for office rent, not to exceed fifty dollars.
per year, to be audited as other claims against the State, and
LANDS, STATE-SALE, DISTRIBUTION.
993
CHAP. 92.
Fees of re-
ceivers.
paid out of the proceeds of the sales of the lands belonging
to the State, sufficient vouchers therefor being first exhibited.
SEC. 2. The registers and receivers of said land-offices
shall each be allowed the sum of fifty cents in every pre-emp- gisters and re-
tion case proved before them, to be paid by the person
proving up a right of pre-emption, at the time of proving the
same; and the receivers shall each be allowed one-fifth of
one per cent. on all moneys paid into the State treasury by
him: Provided, The amount of fees for taking proof of pre-
emptions and commissions shall not exceed, to a register or
receiver, the sum of one thousand dollars per annum; and
all sums received over that sum shall be paid into the State
treasury, to the internal improvement fund; and the registers
and receivers shall furnish, on oath, to the Auditor of Public
Accounts, the amount of fees received by them: Provided,
That, in addition, the Auditor may, in his discretion, allow
mileage to receivers, at the rate of five cents per mile, for
paying money into the State treasury quarter-annually.
SEC. 3. That the counties of Nodaway and Atchison
shall be added to the territory out of which the State Com-
missioner shall be permitted to make any selections of lands
therein, if he shall deem it the interest of the State to do so;
and the lands hereafter to be selected shall be sold at the
land-office in Savannah.
This act to be in force from and after its passage.
Approved March 28, 1845.
Certain
counties
added to the
territory out
of which lands
shall be
lected, &c.
se-
AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO PROVIDE FOR THE SELEC-
TION AND SALE OF THE LANDS GRANTED TO THIS STATE BY AN ACT OF CON-
GRESS, APPROVED SEPTEMBER FOURTH, ONE THOUSAND EIGHT HUNDRED
AND FORTY-ONE,' APPROVED MARCH THIRTEENTH, ONE THOUSAND EIGHT
HUNDRED AND FORTY-FIVE.
1. Persons holding preëmption cer- | 5. Certain lands to be subject to
tificates may make payment,
when.
2. What considered a forfeiture of
preëmption; proceedings in
such cases.
3. In what manner land shall be
subject to preëmption; who
entitled to preemption.
4. Proof of preemption, when and
where to be made.
preëmption until in Novem-
ber, one thousand eight hun-
dred and forty-eight; pay-
ment for such, how made.
6. Person forfeiting or failing to
pay for lands preëmpted,
shall not be allowed to bid for
or buy any part of the same.
7. Term of office of register and
receiver to extend, how long.
994
LANDS, STATE-SALE, DISTRIBUTION.
Persons
holding pre-
CHAP. 92.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1. All persons holding pre-emption certificates
emption certi- for any of the lands granted to this State, by an act of Con-
ficates may gress, approved September the fourth, eighteen hundred and
make
pay-
ment, when.
What con-
sidered a for-
feiture of pre-
ëmption; pro-
ceedings in
such cases.
In whatman-
entitled to
forty-one, may make payment therefor to the receiver of the
proper land-office, at or before the times following, and in the
following installments: One-third on the first Monday in
March, eighteen hundred and forty-eight, and the residue in
two equal annual installments, with interest at six per cent.
per annum, from the third Monday in November, one thou-
sand eight hundred and forty-seven.
SEC. 2.—Any person holding a pre-emption certificate for
any of the aforesaid lands, who shall fail to pay the first in-
stallment therefor, at the time specified in the first section of
this act, shall forfeit his pre-emption thereto; and the regis-
ters and receivers at the several land-offices, are hereby re-
quired to offer such forfeited lands for sale, to the highest
bidder, for cash in hand, on the first Monday in April, eigh-
teen hundred and forty-eight, having first given at least
twenty days' notice in some newspaper, of general circulation
in his land district, of the time, place, and land to be sold,
and the terms of sale; and if either of the other installments
shall not be paid, as required by this act, such lands shall be
offered for sale, according to the provisions of this section, on
the first Monday in April after such forfeiture; which sales
shall continue from day to day, until such lands are sold or
offered for sale, and no such lands shall be sold for less than
one dollar and twenty-five cents per acre; and such as shall
not sell, shall be subject to private entry immediately after
such sales, at one dollar and twenty-five cents per acre: Pro-
vided, such sales or entries shall be in legal subdivisions.
SEC. 3. All lands held by this State, by virtue of said
ner land shall act of Congress, shall be subject to pre-emption according to
be subject to
preemption; the fifth section of the act to which this is an amendment;
who shall be and, also, any person who shall improve and cultivate not less
than five acres of land, shall be entitled to pre-emption, but
persons so pre-empting shall not remove any timber from the
tract so pre-empted: Provided, That a quarter section shall
in all cases be a legal subdivision, and the right of pre-emp-
preëmption.
LANDS, STATE-SALE, DISTRIBUTION.
995
CHAP. 92.
tion by cultivation shall not be construed, so as to apply to
lands which may have been pre-empted and forfeited to the
State under the last preceding section.
SEC. 4.-Any person who has heretofore, or may hereafter
make settlement upon any of the lands specified in the last
preceding section, in conformity with the fifth section of the
act to which this is an amendment, may make proof thereof
to the register and receiver of the proper land-office, at any
time before the third Monday in November, one thousand
eight hundred and forty-seven, and shall be required to make
payment therefor, according to the provisions of the first
section of this act.
SEC. 5.- Any portion of said lands which shall not be
pre-empted, or entered on the third Monday in November, one
thousand eight hundred and forty-seven, shall be subject to
pre-emption until the third Monday in November, one thou-
sand eight hundred and forty-eight: Provided, That in such
cases payment shall be made in two annual installments, one-
half on the first Monday in March, one thousand eight hun-
dred and forty-nine, and the other half on the first Monday
in March, one thousand eight hundred and fifty.
SEC. 6. Any person who may hold a pre-emption on any
of the aforesaid land, and shall forfeit or fail to pay for it,
shall not be allowed to bid for, or buy, either directly or in-
directly, any part of the land which he forfeited; nor shall
any person holding a pre-emption, be allowed to enter any
part of his pre-emption less than the whole: Provided, That
nothing in this act shall be so construed as to prevent the
widow, or child, or children, of any person who may have.
proven a pre-emption, from relinquishing any part of the land
so pre-empted, and paying for any legal subdivision of such
tract.
SEC. 7.-The term of office of the several registers and
receivers of the State land-offices in this State, now in office,
shall extend to the first day of May, eighteen hundred and
forty-nine, and the terms of their several successors shall
commence on the said first day of May, eighteen hundred
and forty-nine, and continue for two years.
Approved February 2, 1847.
Proof of pre-
ëmption, when
and where to
be made.
Certain lands
emption, until
subject to pre-
when; pay-
how made.
ment for such,
Person for-
ing to pay for
feiting or fail-
lands pre-
ëmpted, shall
not be allow-
ed to bid for
or buy any
part of same.
Term of of-
and receiver
fice of register
to extend, how
long.
996
LANDS, STATE-SALE, DISTRIBUTION.
CHAP. 92.
Registers
and receivers
may take cer-
tain acknow-
ledgments;
their fees.
AN ACT CONCERNING STATE PRE-EMPTIONS.
21. Registers and receivers may take certain acknowledgments; their fees.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.-The register or receivers of the several State
land-offices in this State shall have power and authority to
take acknowledgments of all assignments and transfers of
pre-emption rights and certificates of purchase, mentioned and
alluded to in the third, ninth and tenth sections of the act
entitled, "An act amendatory of an act entitled, 'An act to
provide for the selection and sale of lands granted to this
State, by an act of Congress, approved September fourth,
one thousand eight hundred and forty-five,'" approved Fe-
bruary twenty-seventh, one thousand eight hundred and forty-
three; and said officers shall be allowed the same fees for tak-
ing and certifying to such acknowledgment as those to which
officers now authorized to take such acknowledgments are
entitled.
This act to take effect from its passage.
Approved February 15, 1847.
Time of pay-
ment to be ex-
tended.
AN ACT TO AMEND AN ACT, APPROVED FEBRUARY SECOND, ONE THOUSAND EIGHT
HUNDRED AND FORTY-SEVEN, ENTITLED, "AN ACT TO AMEND AN ACT ENTI-
TLED, AN ACT TO PROVIDE FOR THE SELECTION AND SALE OF THE LANDS
GRANTED TO THIS STATE BY AN ACT OF CONGRESS, APPROVED SEPTEMBER
FOURTH, ONE THOUSAND EIGHT HUNDRED AND FORTY-ONE, APPROVED
MARCH THIRTEENTH, ONE THOUSAND EIGHT HUNDRED AND FORTY-FIVE.
2 1. Time of payment extended.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.-That the second and third annual install-
ments, specified in the first section of the above entitled act,
shall be made on the first Mondays of January, eighteen
hundred and fifty, and fifty-one; and that so much of the
first section of said act as conflicts with this act is hereby
repealed.
This act shall take effect and be in force from and after its
passage.
Approved February 13, 1849.
LANDS, STATE-SALE, DISTRIBUTION.
997
CHAP. 92.
AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO AMEND AN ACT ENTITLED,
'AN ACT TO PROVIDE FOR THE SELECTION AND SALE OF THE LANDS GRANTED
TO THIS STATE BY AN ACT OF CONGRESS, APPROVED SEPTEMBER FOURTH,
ONE THOUSAND EIGHT HUNDRED AND FORTY-ONE,' APPROVED MARCH THIR-
TEENTH, ONE THOUSAND EIGHT HUNDRED AND FORTY-FIVE," APPROVED
FEBRUARY SECOND, ONE THOUSAND EIGHT HUNDRED AND FORTY-SEVEN.
? 2. Preëmptors may relinquish; pro-
viso.
1. Certain persons entitled to en-
ter lands.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
Certain per-
sons entitled
SECTION 1.—That so much of the sixth section of the
aforesaid act as provides that persons who may hold pre- to enter lands.
emptions on any of the lands specified in said act, "and
shall forfeit or fail to pay for it, shall not be allowed to bid
for or buy, either directly or indirectly, any part of the land
which he forfeited; nor shall any person holding a pre-emp-
tion, be allowed to enter any part of his pre-emption, less
than the whole," be, and the same is hereby, repealed. And
all persons who may have forfeited their pre-emption rights,
or who shall have failed to pay for the same, shall be entitled
to enter any legal subdivision of any such lands in like man-
ner as other persons.
SEC. 2.- All persons who may have proved pre-emptions,
under the provisions of the act aforesaid, shall be allowed to
pay for a quarter-quarter section, or forty-acre tract, or
other legal subdivision, and relinquish his or her claim to the
balance so pre-empted: Provided, That such persons propos-
ing to make such relinquishments shall be required to make
satisfactory proof, to the register of the land-office at which
such relinquishment is made, that he or she has not com-
mitted any waste of timber, stone, or other valuable material,
on the portion of land which they propose to relinquish.
This act to take effect and be in force from and after its
passage.
Approved February 13, 1849.
Preëmptors
may relin-
quish.
Proviso.
1. Forty-acre lot declared a legal ? 2. Secretary of State required to
subdivision.
perform a certain duty.
WHEREAS, in the third section of an act entitled, "An act
to amend 'An act to provide for the selection and sale of
the lands granted to this State by an act of Congress,
Preamble.
998
LANDS, STATE-SALE, DISTRIBUTION.
Forty-acre
lot declared a
sion.
CHAP. 92.
approved September fourth, eighteen hundred and forty-
one,' approved March thirteenth, eighteen hundred and
forty-five," approved February second, eighteen hundred
and forty-seven, it is provided that a quarter-quarter sec-
tion shall in all cases be a legal subdivision; and where-
as, it appears from the published copy of the laws of the
State of Missouri, passed at the first session of the four-
teenth General Assembly, that the word "quarter" was
erroneously omitted, thereby rendering the above provi-
sion nugatory and of no effect; therefore,
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.-That of any of the lands granted to this
legal subdivi- State by act of Congress, approved September fourth, one
thousand eight hundred and forty-one, a quarter-quarter sec-
tion, or forty-acre lot, shall in all cases be a legal subdivision.
SEC. 2.—That the Secretary of State be required to fur-
Secretary of nish certified copies of this act to the registers and receivers
of the respective State land-offices in this State.
Duty of
State.
This act to take effect and be in force from and after its
passage.
Approved February 17, 1849.
Preamble.
AN ACT FOR THE RELIEF OF PERSONS WHO HAVE BOUGHT STATE LANDS WHICH
HAVE BEEN REJECTED.
? 1. Registers to grant certificates. | 3. State Treasurer may receive
2. Certificates shall be received in
payment for unsold lands; re-
ceivers may pay the same out
of the money belonging, &c.
said certificates; receivers
may be credited with certifi-
cates on their quarterly re-
turns.
WHEREAS, by an act of Congress, approved September fourth,
one thousand eight hundred and forty-one, five hundred
thousand acres of land were granted to the State of Mis-
souri for purposes of internal improvement, to be selected
by commissioners appointed for that purpose, according
to the provisions of the act aforesaid; and whereas, a
portion of the lands selected by the commissioners afore-
said, have been rejected by the Register of the General
Land-Office, and, also, that some of the lands so rejected
have been sold by the State, and payments made thereon
by the purchasers aforesaid, in whole or in part; therefore,
LANDS, STATE-SALE, DISTRIBUTION.
999
CHAP. 92.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1. That it shall be the duty of the registers of
the several State land-offices, upon the application of any
person who may have purchased any lands which have been
rejected, as specified in the preamble of this act, either by
themselves or by their legal representatives, at the office at
which the lands were purchased, to give the person so apply-
ing a certificate for the amount paid by such person, or per-
sons, with six per cent. per annum from the time such pay-
ments were made till the date of such certificate.
SEC. 2. All certificates issued under the provisions of
this act shall be received in payment for any of the unsold
lands belonging to the grant aforesaid; or, at the request of
the legal holder of such certificate, the receivers of the
several State land-offices shall pay the amount due on such
certificates, out of any money which may be in their hands,
belonging to the fund aforesaid.
SEC. 3. All certificates issued according to the provi-
sions of this act, and which shall be received by any receiver
of any of the State land-offices in this State, shall be received
by the State Treasurer as so much money, and the several
receivers shall be credited for the same on their quarterly
returns.
This act to take effect and be in force from its passage.
Approved March 9, 1849.
Registers to
certificates.
grant certain
Certificates
shall be re-
ceived in pay-
ment for un-
sold lands.
State Trea-
surer may re-
ceive said cer-
re-
tificates;
be credited
with certifi-
ceivers may
cates on their
quarterly re-
turns.
AN ACT TO AMEND AN ACT APPROVED FEBRUARY SECOND, ONE THOUSAND EIGHT
HUNDRED AND FORTY-SEVEN, ENTITLED, "AN ACT TO AMEND AN ACT EN-
TITLED, AN ACT TO PROVIDE FOR THE SELECTION AND SALE OF THE LANDS
GRANTED TO THIS STATE BY AN ACT OF CONGRESS, APPROVED SEPTEMBER
FOURTH, ONE THOUSAND EIGHT HUNDRED AND FORTY-ONE, APPROVED
MARCH THIRTEENTH, ONE THOUSAND EIGHT HUNDRED AND FORTY-FIVE.
> >>
21. Forfeited preemption rights revived; these rights to be forfeited upon
failure to pay purchase-money.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1. That all pre-emption rights upon any of the
lands belonging to this State, which have heretofore become
forfeited from any cause whatever, shall be, and the same are
hereby, revived and continued in full force and effect; and the
H VOL. II.
Forfeited
preemption
rights reviv
ed; same to
be forfeited,
when.
Uor M
1000
LANDS, STATE-SALE, DISTRIBUTION.
CHAP. 92.
said pre-emptors are hereby required and compelled to pay
the full amount of the purchase-money on such forfeited
lands, in two equal installments, at the times specified for the
payment of the two remaining installments upon State lands;
and if they shall fail so to do, their respective pre-emption
rights shall be, and they are hereby, forfeited.
This act to take effect from its passage.
Approved March 10, 1849.
Governor
sell said lands.
AN ACT TO AUTHORIZE THE GOVERNOR TO DISPOSE OF THE LANDS GRANTED
TO THE STATE OF MISSOURI BY AN ACT OF CONGRESS, APPROVED
SEPTEMBER FOUR, ONE THOUSAND EIGHT HUNDRED AND FORTY-ONE,
WHICH HAVE NOT BEEN SELECTED.
21. Governor authorized to sell? 4. Duty of Governor. Mode of
lands.
2. Purchasers to apply to Go-
vernor.
3. Persons locating to inform the
Governor of such fact.
relinquishing surplus lands.
5. Certificates issued, transferable
by endorsement.
6. Certificates to be located and
returned within two years.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.—That the Governor is hereby authorized to
authorized to dispose of so much of the five hundred thousand acres of
land, granted to the State of Missouri by the act aforesaid,
as remains to be selected, at private sale: Provided, That
none of the lands shall be sold for less than one dollar
and twenty-five cents per acre.
Purchasers
to apply to
Governor.
Persons
making loca-
tion to inform
the Governor
of such fact.
SEC. 2.- Any person wishing to purchase such land may
apply to the Governor, and shall, upon payment in full of the
purchase-money, receive a certificate, signed by the Governor,
and countersigned by the State Treasurer, acknowledging
the receipt of the money, and authorizing such person, his
heirs or assigns, to locate the quantity of land so pur-
chased, in conformity with the provisions of the act of Con-
gress aforesaid.
SEC. 3. The persons making such location shall inform
the Governor of the lands selected, who shall notify the
Secretary of the Treasury of the United States that such
selection has been made for the State of Missouri; and, if
approved by the Secretary aforesaid, the Register of Lands
shall issue a patent to the legal holder of such certificate, in
like manner as is now provided by law.
LANDS, STATE-SALE, DISTRIBUTION.'
1001
CHAP. 92.
SEC. 4. If the holder of such certificate shall select a
fraction, or tract, containing less than three hundred and
twenty acres, it shall be the duty of the Governor, at the
request of the holder of such certificate, and upon payment.
in full for three hundred and twenty acres, to relinquish the
surplus to the United States, and accept such fraction, or
smaller tract, instead of the three hundred and twenty acres;
which request shall be in writing, and duly acknowledged
before the clerk of some court of record, and filed in the
office of the Register of Lands; and, upon the filing of the
same, the Governor shall relinquish the surplus to the United
States, and, if approved by the Secretary of the Treasury,
the patent shall issue for such less quantity.
SEC. 5.The certificates issued, as herein provided, shall
be transferable by endorsement, and may be located in any
part of this State, in accordance with the provisions of the
act of Congress aforesaid.
Duty of
Governor.
Certificates
issued, trans-
ferable by en-
dorsement.
Certificates
to be located
SEC. 6. All certificates, issued under the provisions of
this act, shall be located and returned within two years from and returned
the time of issuing the same.
This act to take effect and be in force from its passage.
Approved March 10, 1849.
within two
years.
AN ACT TO AMEND AN ACT REGULATING THE FEES OF THE REGISTERS
AND RECEIVERS OF THE STATE LAND-OFFICES, AND FOR OTHER PUR-
POSES," APPROVED MARCH TWENTY-EIGHTH, ONE THOUSAND EIGHT
HUNDRED AND FORTY-FIVE.
? Offices of register and receiver to be kept in separate buildings; rent
allowed; how paid.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1. The register of the land-office at Savannah
is authorized to keep his office in a separate building from
that in which the receiver's office is kept, and the said
register and receiver shall each be allowed a reasonable
amount for office rent, not to exceed twenty-five dollars
year, to be audited as other claims against the State, and
paid out of the proceeds of the sales of the lands belonging
to the State, sufficient vouchers therefor being exhibited. So
much of the first section of the act, to which this is an
per
Offices of
register and
receiver to be
kept in sepa-
rate build-
ings; rent al-
lowed; how
paid.
1002
LANDS, STATE-SALE, DISTRIBUTION.
CHAP. 92.
amendment, as conflicts with the provisions of this act, is
hereby repealed.
This act shall be in force from its passage.
Approved March 12, 1849.
When pre-
emptors to
land may have
amount re-
funded.
Preemptors
to do certain
funded.
AN ACT FOR THE RELIEF OF UNFORTUNATE PRE-EMPTORS TO STATE LANDS.
2 1. When preëmptors to land may, ? 5. Heirs and legal representatives
have amount refunded.
2. Preemptors to do certain things
before money is refunded.
3. Duty of Auditor.
4. Preemptors may make pay-
ment in full, when.
may have the same remedy
as the deceased preemptor
might have had.
6. Duty of Secretary of State;
compensation of receivers for
delivering patents.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.-All legal pre-emptors to lands, granted to
this State by an act of Congress, approved September fourth,
one thousand eight hundred and forty-one, who shall have
forfeited the same agreeably to the provisions of the second
section of an act entitled, ["An act to amend an act entitled,]
'An act to provide for the selection and sale the of lands
granted to this State by Act of Congress, approved Sep-
tember fourth, one thousand eight hundred and forty-one,'
approved March thirteenth, one thousand eight hundred and
forty-five," approved February second, one thousand eight
hundred and forty-seven, and who shall have made one or
more actual payments upon the same, are hereby authorized
to receive from the State Treasurer, out of the internal im-
provement fund, the amount of money paid by him upon said
pre-emption.
SEC. 2.—Before any such pre-emptor shall be entitled to
things before receive such money, he shall produce the certificate of the
money is re-register or receiver of the proper State land-office, stating
the existence of such right of pre-emption in the name of the
applicant, that the same was regular and in due form, and
that the amount claimed was paid by such applicant upon
said pre-emption right, pursuant to law, and that the said pre-
emptor has proven, to the satisfaction of said register and
receiver, that he or she has committed no waste of timber,
or other material on said land.
Duty of Au-
ditor.
SEC. 3. The Auditor of Public Accounts, upon the pro-
duction of any such certificate, shall audit and allow the
LANDS, STATE-SALE, DISTRIBUTION.
1003
CHAP. 92.
amount so certified, and draw his warrant upon the Treasurer
for the same, payable to such pre-emptor.
SEC. 4.—That any person who has forfeited their pre-
emption, as set forth in the first section of this act, may
make full payment for the same, at any time before the first
day of August, one thousand eight hundred and fifty-one: he
or she shall be entitled to all the benefits of said pre-emption,
as though he or she had made such payment within the
time prescribed by law.
SEC. 5.- Heirs and legal representatives of deceased
persons, holding certificates of pre-emption forfeited, as men-
tioned in the first section of this act, may pursue this remedy,
as said deceased person might have done, if alive, only, how-
ever, in such representative capacity.
SEC. 6.It is hereby made the duty of the Secretary of
State to forward to the respective State land-offices all the
patents properly belonging to said office; and the said receiver
shall receive such compensation for each patent delivered as
the Auditor of Public Accounts may deem right and proper.
This act to take effect from and after its passage.
Approved March 3, 1851.
Persons who
have forfeited
preemptions,
may make
full, when.
payments in
Heirs and
legal repre-
sentatives
may have,
what remedy.
Duty of Se-
cretary of
State; com-
pensation of
delivering
receivers for
patents.
AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO PROVIDE FOR THE SELEC-
TION AND SALE OF THE LANDS GRANTED TO THIS STATE, BY AN ACT OF
CONGRESS, APPROVED SEPTEMBER FOUR, ONE THOUSAND EIGHT HUNDRED
AND FORTY-ONE.
21. Duties of receivers.
? 2. And of registers.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
Receivers
to make re-
turns semi-
SECTION 1.-That so much of the sixteenth section of
the act above referred to, as provides that the respective
receivers shall make quarterly returns, is hereby repealed, annually.
and that said reports shall be made semi-annually.
turns semi-
SEC. 2.That so much of section eighteen, in the act Registers
above referred to, as provides that the registers of State land- to make re-
offices shall make quarterly returns, is hereby repealed, and annually.
that said officers shall hereafter be required to make their
reports semi-annually.
This act to take effect from and after its passage.
Approved March 3, 1851.
1004
LANDS, STATE-SALE, DISTRIBUTION.
CHAP. 92
Receiver
only to be
elected at
State land-
office at Sa-
vannah.
Duties of
said receiver.
Shall
bond.
give
Laws incon-
sistent with
AN ACT RESPECTING THE STATE LAND-OFFICE AT SAVANNAH.
1. Receiver only to be elected at 2 3. Shall give bond.
State land-office at Savannah.
2. Duties of said receiver.
4. Laws inconsistent with this act
repealed.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.- Hereafter there shall only be elected at the
State land-office, at Savannah, a receiver; and the said re-
ceiver shall be required to do the duties of both register as
well as receiver, and he shall be allowed the same fees for
like services as have been heretofore allowed to registers and
receivers; and said receiver shall be elected in the way the
law now directs: Provided, however, That in case there is no
election of an officer at the State land[-office] at Savannah,
during the present session, then, and in that case, the Go-
vernor is hereby authorized and required to fill such office by
appointment.
SEC, 2.-The receiver of the said Savannah State land-
office, under this act, shall not be required to make quarterly
returns from said office; but, instead thereof, the said re-
ceiver shall be compelled and required to make annual returns
from said office. The first annual return, to be made under the
provisions of this act, shall be made on or before the first day
of January, one thousand eight hundred and fifty-four, and
an annual return shall be made on the first day of January
every year thereafter.
SEC. 3. The receiver of the land-office at Savannah,
[appointed] under the provisions of this act, shall, before en-
tering on the duties of his office, give bond, as the law now
directs, in the sum of five thousand dollars, instead of the
amount now required by law.
SEC. 4. All laws inconsistent with this act are hereby
this act re- repealed.
pealed.
This act to be in force from its approval.
Approved February 24, 1853.
LANDS-SWAMP AND OVERFLOWED.
1005
CHAP. 93.
CHAPTER XCIII.
LANDS-SWAMP AND OVERFLOWED.
AN ACT DONATING CERTAIN SWAMP AND OVERFLOWED LANDS TO THE
COUNTIES IN WHICH THEY LIE.
? 1. Swamp lands given to the coun- | 10. Person maliciously injuring
2. To
ties.
be reclaimed; commis-
sioners appointed.
3. May be sold with or without
reclamation, as the court may
order.
4. Patent to issue to purchaser;
how executed, and where re-
corded.
5. Courts may borrow money and
issue bonds, for what pur-
pose.
6. Net proceeds of sales of lands
to become a part of common
school fund of the county.
7. Lists and plats to be furnished
to county courts, when and
by whom.
8. Compensation of persons se-
lecting lands, when and how
paid.
9. Persons owning land through
which a levee is to be made,
or ditch cut, may claim da-
mages; proceedings to inquire
of the damages; how paid.
any levee or ditch, deemed
guilty of misdemeanor.
11. Fines, how applied.
12. Preemptions allowed
allowed to be
made by certain settlers.
Purchase-money to be paid,
when and how.
13.
14. Applications for preemptions
to be made, to whom; county
court to determine all ques-
tions arising under this act.
15. County courts to adopt rules
in relation to the rights of
preëmptors.
16. No free negro allowed to pre-
ëmpt land.
17.
Money arising from sales of
lands to be loaned, how.
18. Annual interest to be appor-
tioned and distributed.
19. Money loaned to be collected,
how.
20. What counties excepted from
the operation of this act.
21. Certain sections of this act not
applicable to lands sold.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
Swamp
lands given to
Acts 1851,
SECTION 1.-In order to provide for the reclamation of
all overflowed and swamp lands which were granted to the the counties.
State of Missouri, for that purpose, by an act of Congress,
[entitled,] “An act to enable the State of Arkansas and other
States to reclaim the swamp lands within their limits," ap- p. 239.
proved September twenty-eighth, one thousand eight hundred
and fifty, all of said lands in this State are hereby donated
to the counties in which they respectively may be situated,
for the purpose hereinafter designated.
claimed; com-
SEC. 2. So soon as the several county courts shall be To be re-
furnished with the proper description of the lands, contem-missioners
plated in the first section of this act, they are hereby au- appointed.
thorized to have said overflowed and swamp lands drained Ibid.
and reclaimed, so as to render them tillable, or otherwise

1006
LANDS-SWAMP AND OVERFLOWED.
May be sold
with or with-
out reclama-
tion, as the
court may
order.
p. 160.
CHAP. 93.
subservient to the purposes of this act; and for that purpose.
may appoint one or more commissioners, who shall, under the
direction of said court, superintend the draining, reclaiming
and surveying of said lands.
SEC. 3. Whenever, in the judgment of said county
courts, it shall be the interest of said counties so to do,
they shall order the sheriff to sell the same, in such quan-
tities, at such times and places, and on such terms, as they
may think proper, with or without draining and reclaiming
Acts 1855, the same, as, in their discretion, they may think most con-
ducive to the interests of their respective counties; and all
sales, made under the provisions of this act, shall conform to
the subdivisions prescribed by the laws of the United States.
SEC. 4.-Whenever full payment shall be made for any
chaser; how of said land by the purchaser thereof, the county court shall
cause the same to be certified to the Governor, who shall
thereupon grant to the purchaser, his heirs or assigns, a
patent for the same, which patent shall be signed by the
Governor, countersigned by the Secretary of State, and be
recorded in the office of the Secretary of State.
Patents to
issue to pur-
executed and
where re-
corded.
Acts 1851,
p. 239.
Courts may
borrow money
SEC. 5. To enable the county courts to carry the provi-
and issue sions of this act into effect, they shall have power to borrow
money, and to issue the bonds of the county therefor.
bonds, when.
Net proceeds
of sales of
lands to be-
come a part of
Common
school fund of
the county.
plats to be fur-
nished
SEC. 6. The net proceeds of the sales of all such lands,
after defraying the expenses of draining, reclaiming, sur-
veying and selling the same, as herein provided, shall be paid
into the county treasury, and become a part of the common
school fund of the county.
Lists and SEC. 7. Whenever the situation, description and quan-
totity of said lands, is made known to the Governor, as soon as
county courts, he shall receive from the Government of the United States
when and by
whom.
lists and plats of said lands, he shall cause such information,
and copies of such lists and plats, to be furnished to the
county courts, respectively, of the counties in which said lands
severally lie.
Acts 1851,
p. 239.
Compensa- SEC. 8.
sons selecting
lands, when
and how paid.
Whenever the lands contemplated by this act,
tion of per- in any county, shall have been designated and reported by
the person or persons appointed in such county for that pur-
pose, the county court shall audit the account of such person,
and allow such reasonable compensation for such services as
they may deem just, to be paid from the county treasury.
Ibid.

LANDS-SWAMP AND OVERFLOWED.
1007
CHAP. 93.
SEC. 9.If the owner of any lands through which any
ditch or levee is proposed to be made or cut, by virtue of any
of the provisions of this act, shall notify the commissioners
that he objects to the making such levee, or cutting such
ditch, such commissioners shall apply to some justice of the
peace of the county in which such land may be situated, for
a summons for a jury to inquire into the damages such owner
may sustain by the making of such levee, or the cutting of
such ditch, or both; and it shall be the duty of such justice
of the peace to issue a summons, under his hand, to the
sheriff or any constable in said county, commanding him to
summon a jury of eighteen good and lawful men, to meet at
a time and place upon such land, to be specified in the sum-
mons. At the time and place thus specified, such commission-
ers and the owner of such land shall proceed to select a jury
of twelve persons out of the number thus summoned, and
the justice shall administer an oath to them, to faithfully and
impartially inquire into the amount of damages the owner of
such land will sustain, by reason of the making of such levee
or ditch; and the jury shall render their verdict in writing,
and shall specify therein the amount of damages they assess.
The selection of such jury, and the trial in such case, shall be
conducted in the same manner that other civil cases are tried
and conducted in justices' courts; and the justice shall make
an entry on his docket of the verdict of the jury, and the
other proceedings in such case. A transcript of such pro-
ceedings shall be filed with the county court; and if the court
shall be of opinion that it is best to pay such damages, the
county court of the county in which such suit has been con-
ducted shall draw a warrant on the county treasury, in favor
of the party entitled thereto, for the amount of damages as-
sessed as aforesaid, and, also, a warrant in favor of the offi-
cers, for the fees to which they may be entitled in any such
case; which amount shall be paid out of any money, not other-
wise appropriated, in the treasury, arising from sale of land
by virtue of this act, and shall be paid by the treasurer to
the parties entitled to the same, from whom he shall take, and
file in his office, a receipt for such payment; and when such
damages are paid, or tendered and refused, such ditch or levee
may be made, and the owner of such land shall be forever
barred from maintaining any action for the making such levee,
H-2 VOL. II.
2
Any person
owning land
through which
a levee is to
be made, or
ditch cut, may
claim dama-
ges; proceed-
ings to inquire
of the dama-
ges; how paid.
Acts 1853,
p. 107.
1008
LANDS-SWAMP AND OVERFLOWED.
1
Any person
CHAP. 93.
or the cutting such ditch; and if such money is tendered,
and the parties entitled thereto shall refuse to accept the
same, such money shall remain in the hands of the county
treasurer, subject to the order of the parties thereto entitled:
Provided, however, That should such jury fail or refuse to
find any damages, such complainant should pay all cash
[costs] necessarily incurred in the proceeding.
SEC. 10. If any person shall willfully and maliciously
maliciously injure
injuring any
injure or destroy any levee or ditch, made by virtue of this
levee or ditch, act, such person shall be guilty of a misdemeanor, and shall
deemed guilty be punished by fine, not exceeding one thousand dollars, or
by imprisonment in the county jail, not exceeding six months,
or by both such fine and imprisonment.
of misdemean-
or.
Acts 1853,
p. 108.
Fines, how
applied.
Ibid.
Preëmptions
allowed to be
tain settlers.
SEC. 11. All fines collected by the provisions of this
act shall be paid into the county treasury, and shall be ap-
plied in the same manner as the money arising from the sale
of land by virtue of this law.
SEC. 12. — That any person who was, on the first day of
made by cer- January, one thousand eight hundred and fifty-five, an actual
settler upon any of the lands in this act described, shall have
the right of pre-emption to any quantity of said land, includ-
ing his or her improvements, not exceeding eighty acres, to be
taken by legal subdivisions.
Purchase mo-
when and
SEC. 13. Any such pre-emptor shall have the right to pay
ney to be paid, for such land, in two equal annual installments, under such
rules and regulations as may be prescribed by the county
court of the proper county.
how.
for
Applications
preëmp-
tions to be
made to clerk,
&c.
County court
to adopt rules
in relation to
preëmptors.
No free ne-
gro allowed to
preempt land.
Money aris-
ing from sales
of lands to be
loaned, how.
SEC. 14. Applications for pre-emptions shall be made to
the clerk of the county court of the proper county; and all
questions arising under the provisions of this act shall be de-
termined by the county court of the proper county.
SEC. 15. The several county courts shall adopt such
rules, in relation to pre-emption rights under this act, as shall,
in their judgment, protect the rights of claimants.
SEC. 16.- No free negro or mulatto shall be entitled to a
pre-emption, under or by virtue of the provisions of this act.
SEC. 17.- Money arising from the sale of land under
this act shall constitute a permanent fund, and shall be
loaned out by the respective county courts, in the same man-
and upon the same terms, that the township school funds
are now required, by law, to be loaned out.
ner,
LANDLORDS AND TENANTS.
1009
CHAP. 94.
SEC. 18. The accruing interest upon the loan aforesaid
shall be apportioned and distributed at the same time, and in
the same manner, as other county school moneys are required,
by law, to be apportioned and distributed.
SEC. 19. — The existing laws for the collection of the prin-
cipal and interest of township school bonds shall be, and are
hereby, made applicable to all loans made under this act.
SEC. 20.—This act shall not extend to, or be in force in,
the counties of Wayne, Butler, Stoddard, Dunklin, Pemiscot,
New Madrid, Mississippi, Scott, Cape Girardeau and Ripley.
SEC. 21. — The twelfth, thirteenth, fourteenth and fif-
teenth sections of this act, shall not apply to any county in
which the swamp lands have been sold, or in any manner
affect any sale heretofore made by any county in this State.
Approved December 13, 1855.
Annual inte-
rest to be ap-
portioned and
distributed.
ed, to be col-
Moneys loan-
lected, how.
What coun-
ties excepted
from the ope-
ration of this
act.
Certain sec-
tions of this
act not appli-
cable to lands
sold.
CHAPTER XCIV.
LANDLORDS AND TENANTS.
AN ACT CONCERNING LANDLORDS AND TENANTS. (a)
1. Executor or administrator of 3
tenant for life may recover
rents.
8.
9.
2. Remedy, &c., for rents, depend-
ent upon life of another.
3. Freehold estate in rents, in right
of the wife, may be recovered
after her death, as though she
were living.
4. Remedy for rents in arrear,
upon lease for life.
5. Remedy of executor or admi-
nistrator, the same as the
person deceased, for rents due
at the time of his death.
6. Tenant in possession served
with summons in ejectment,
to give notice to landlord, &c.;
penalty for failure.
7. Tenant giving notice of inten-
tion to quit, and failing to do
so, liable for double rent.
Double rent in such case, how
and when to be recovered.
Tenants, or persons holding un-
der them, after the termina-
tion of their term, and after
demand and notice given, lia-
ble for double rent.
10. No tenant can assign his inte-
rest without consent of his
landlord.
11. If any tenant violate preceding
section, landlord may, after
notice, enter and take pos-
session.
12. Either party may terminate
tenancy, how.
13.
Certain tenancies may be termi-
nated, how and by whom.
14. Notice not necessary, when.
15. Attornment of a tenant to a
stranger void, except in cer-
tain cases.
(a) Sections ten to fourteen, twenty-six to thirty, and forty-two to fifty-one, each inclusive,
were taken from the Kentucky Code of one thousand eight hundred and fifty-two.

1010
LANDLORDS AND TENANTS.
X
Executor or
administrator
CHAP. 94.
16. Landlord may recover in an 35. Upon return of summons exe-
action for use and occupa-
tion, when.
17. If a parol demise, &c., appear
on the trial of such action, to
be evidence of the amount of
damages to be recovered.
18. Landlord has a lien upon the
crop grown, &c., upon the
premises, for the rents; lien to
continue for eight months.
19. Ejectment may be brought if
half-year's rent be in arrear,
and landlord have a right to
reënter.
20. Summons in such action, how
it may be served.
21. Service of the summons shall
stand instead of a demand for
the rent, and of a reëntry
on the premises.
22. Recovery of the demised pre-
mises and costs, when.
23. If, before judgment in such ac-
tion, the rent and all costs be
tendered, &c., further pro-
ceedings to cease.
24. Lessee barred from relief, when;
landlord shall hold premises
discharged of lease, when.
25. Provision and reservation in fa-
vor of mortgagees of lease in
such cases.
26. In what cases, before whom and
how, an attachment for rent
may be obtained.
27. Proceedings shall be the same
as in ordinary attachment
suits.
28. Who may recover rent, as pro-
vided in two preceding sec-
tions.
29. Alienee or assignee may reco-
ver rent.
30. Rent may be recovered, of
whom and how.
31. What property is exempt from
rent.
32. If rent be not paid as agreed,
landlord may recover posses-
sion, how.
33. Procedure to recover posses-
sion; statement shall contain,
what; summons shall issue.
34. Summons to be executed, when.
cuted, the justice shall ren-
der judgment and issue exe-
cution, commanding consta-
ble to put landlord in posses-
sion; duty of constable under
writ.
36. In what case, process shall not
issue, till expiration of lease,
37. Demand of rent shall be deem-
ed good, when.
38. Persons purchasing lease lands,
shall, on default of payment
of rent, have right to reco-
ver possession, how.
39. Demand of rent to be made by
the purchaser, how.
40. His complaint to set forth, what;
what proof must be made at
the trial.
41. Appeals allowed; defendant
to give bond. Condition of
bond shall be to stay waste.
42. Tenant for life or years, com-
mitting waste, shall lose the
thing wasted and pay treble
damages.
43. Who shall maintain the action,
and what each shall recover.
44. An heir may maintain an ac-
tion for waste, done in the
time of his ancestor.
45. Tenants committing waste while
in possession, shall be liable
for damages.
46. Tenants in common, joint-te-
nants and parceners, commit-
ting waste, shall be liable to
their co-tenants for damages.
47. Guardians and curators com-
mitting waste of the estate
of their wards shall be liable
for damages, to whom and
when.
48. What damages shall be reco-
vered for waste.
49. If the waste was wantonly com-
mitted, judgment shall be for
treble damages.
50. Actions for waste to be brought
against the representatives of
the tenant; may be revived
against them, when.
51. A receiver may take possession
of land, when.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1. The executors or administrators of any
of tenant for tenants for life, who shall have demised any lands or tene-
life may re- ments so held, and shall die on or before the day when any
Cover rents.
LANDLORDS AND TENANTS.
1011
CHAP. 94.
rent, on such demise, shall become payable, may recover:
First, If such tenant for life die on the day, the whole rent;
Second, If he die before the day, such proportion of the rent
as shall have accrued before his death.
SEC. 2.—Every person entitled to any rents, dependent
upon the life of any other, may, notwithstanding the death of
such other person, have the same remedy, by action, for the
recovery of all arrears of such rents as are due and unpaid,
at the death of such other person, as he might have had if
such other person was in full life.
Remedy by
action, &c., for
rents depend-
ent upon the
life of another
Freehold es-
tate in rents,
SEC. 3.-Every person having, in right of his wife, any
freehold estate in any rents, may, if such rent is due and un-in right of the
paid at the time of the wife's death, have the same remedy,
by action, for the recovery of such arrears, as he might have
had if the wife was in full life.
reco-
SEC. 4.— Any person having any rent due upon any lease
for life may have the same remedy, by action, for the
very thereof, as if such lease were for years.
SEC. 5.—The executors or administrators of any person
to whom any rent shall have been due and unpaid at the time
of the death of such person, may have the same remedy, by
action, against the tenant, his executors or administrators,
for the recovery thereof, that their testator or intestate might
have had. (a)
SEC. 6.—Every tenant on whom a summons in an action
to recover the tenements held by him shall be served, shall
forthwith give notice thereof to the person, or the agent of
the person, of whom such tenant holds, under the penalty of
forfeiting to such person the value of three years' rent of the
premises occupied by him.
SEC. 7.- If any tenant shall give notice, in writing, of
his intention to quit the premises held by him, at a time
specified in such notice, and shall not deliver up the possession
thereof at such time, such tenant, his executors or adminis-
trators, shall from thenceforward pay to the landlord, his
heirs or assigns, double the rent reserved during all the time
such tenant shall so continue in possession.
(a) When an administrator leases the property of an intestate, it is not
necessary, in an action for rent, to show that the property was leased by
leave of the county court. Rector v. Ranken, 1 Mo. Rep., 263.
wife, may be
ter her death,
recovered af-
&c.
Remedy for
rent in arrears
upon lease for
life.
Remedy of
executor or
administra-
tor, &c.
Tenant in
possession
served with
summons in
ejectment, to
give notice to
landlord, &c.
Tenant giv-
ing notice of
intention to
quit, and fail-
liable for dou-
ing to do so,
ble rent.
1012
LANDLORDS AND TENANTS.
Such rent
how and when
recovered.
Tenants,
&c., after ter-
mination of
and after de-
mand and no-
CHAP. 94.
SEC. 8.- Such double rent shall be recovered in the same
manner, at the same time, that the single rent is recoverable.
SEC. 9.—If any tenant for life or years, or if any other
person who may have come into the possession of any lands
their term, or tenements under, or by collusion with, such tenant, shall
willfully hold over the same after the termination of such
tice, liable for term, and after demand made, and notice in writing given,
requiring the possession thereof, by the person entitled there-
to, such person so holding over shall pay, to the person so
kept out of possession, double the yearly value of the lands
or tenements so detained, for all the time he shall keep the
person entitled out of possession.
double rent.
No tenant
can assign his
interest with
out consent of
his landlord
SEC. 10.-No tenant for a term not exceeding two
years, or at will, or by sufferance, shall assign or transfer his
term or interest, or any part thereof, to another, without the
written assent of the landlord, or person holding under him.
SEC. 11. If any tenant shall violate the provisions of
the preceding section, the landlord, or person holding under
tion, landlord him, after giving ten days' notice to quit possession, shall
have a right to reënter the premises and take possession
thereof, or to oust the tenant, sub-tenant or under-tenant, by
the proper procedure.
If any tenant
violate pre-
ceding sec-
may, after no-
tice, enter and
take posses-
sion.
Either party
may terminate
SEC. 12.-Either party may terminate a tenancy from
tenancy, how. year to year, by giving notice, in writing, of his intention to
terminate the same, of not less than three months next before
the end of the year. (a)
Certain te-
nancies may
beterminated,
SEC. 13. — A tenancy at will, or by sufferance, or for less
than one year, may be terminated by the person entitled to
how and by the possession, by giving one month's notice, in writing, to
the person in possession, requiring him to remove. (b)
whom.
Notice not
necessary,
when.
SEC. 14. — No notice to quit shall be necessary from or to
a tenant, whose term is to end at a certain time, or when, by
special agreement, notice is dispensed with.
(a) Vide, Tiernan v. Johnson, 7 Mo. Rep., 43. Removal by a tenant, and
giving the key to the landlord, before the expiration of the term, does not,
by operation of law, amount to a surrender of the term. Prentiss v.
Warne, 10 Mo. Rep., 601. Where the tenancy is thus determined before the
term is ended, the tenant is liable for the rent. Ibid.
(b) A lease made by an agent in his own name is void, and the tenant
entering under such lease, is a tenant at will, and as such entitled to a no-
tice to quit, before an action of ejectment will lie against him. Murray v.
Armstrong, 11 Mo. Rep., 209. Tenancies at will may be created without
writing. Ibid.
A tenancy at will cannot arise without a grant or contract,
denoting permission to occupy. Young v. Ingle, 14 Mo. Rep., 426.
LANDLORDS AND TENANTS.
1013
CHAP. 94.

RENT, MODE AND MANNER OF RECOVERING.
Attornment
to a stranger
SEC. 15.- The attornment of a tenant to a stranger shall
be void, and shall not, in any wise, affect the possession of void, except
his landlord, unless it is made: First, With the consent of in certain
the landlord; or, Second, Pursuant to, or in consequence of,
a judgment at law, or a decree in equity; or, Third, To a
mortgagee, after the mortgage has been forfeited.
SEC. 16. — A landlord may recover a reasonable satisfac-
tion, for the use and occupation of any lands or tenements,
held by any person ander an agreement not made by deed. (a)
SEC. 17.—If a parol demise, or other agreement not by
deed, by which a certain rent is reserved, appear in evidence
on the trial of such action, the plaintiff shall not, on that
account, be debarred from a recovery, but may make use
thereof as evidence of the amount of damages to be
recovered.
upon the
cases.
Landlord
may recover
for use and oc-
cupation,
If a parol
demise, &c.,
appear on the
trial, it shall
amount, &c.
be evidence of
Landlord
has a lien up-
on the crop
SEC. 18.-Every landlord shall have a lien
the crop
grown on the demised premises, in any year, for the rent that
shall accrue for such year, and such lien shall continue for grown, &c.
eight months after such rent shall become due and payable,
and no longer. (b)
(a) O'Fallon v. Boismenu, 3 Mo. Rep., 226. Vide, Stark v. Miller, Ibid,
330; Garvey v. Dobyns, 8 Mo. Rep., 213. In an action for use and occu-
pation, an eviction of part of the premises may be shown in reduction of
the rent; but a mere trespass or illegal ouster does not constitute an evic-
tion. McFadin v. Rippey, 8 Mo. Rep., 738. Vide, Blair & Gantt v. Rankin
11 Mo. Rep., 440; Destrehan v. Scudder, Ibid, 484. Where a party co
into possession under contract for a deed, he is not strictly a tenant, ar
not entitled to notice to quit. He is liable to be turned out as a trespasser
if he fail to comply with his contract, and is responsible in that character
for mesne profits. Glascock v. Robards, 14 Mo. Rep., 350.
A tenant can-
not dispute his landlord's title. Parker v. Raymond, 14 Mo. Rep. 535.
The lessees of a grist and saw-mill and carding-machine are bound to pay
rent, notwithstanding the main posts of the building, supporting all the
machinery, were decayed, in consequence of which the building fell and
destroyed all the machinery. The defects in the post was an infirmity to
which all timbers are subject, and their liability to such a defect was equally
in the knowledge of both parties. Davis v. Smith, 15 Mo. Rep., 467. Vide,
Clemens v. Broomfield, 19 Mo. Rep., 118; Kerr v. Clark, Ibid, 132; Hall v.
Shannon, Ibid, 401; Coffman v. Huck, Ibid, 435. In the absence of any
stipulation in a lease, the lessor is bound to pay taxes on the property, but
not on improvements made by the lessee, which the latter is entitled to re-
move, or be compensated for, at the expiration of the lease.
Leach v.
Goode, 19 Mo. Rep., 501. Vide, McQueen v. Chouteau, 20 Mo. Rep., 222;
McKee v. Brooks, Ibid, 526.
(b) The right of distress for rent does not exist in this State. Crocker
v. Mann, 3 Mo. Rep., 331. The landlord cannot be deprived of his remedy
by a transfer of the possession, or by an abandonment by his tenant and
intrusion of a stranger. Willi v. Peters, 11 Mo. Rep., 395. Vide, Ayres!
1014
LANDLORDS AND TENANTS.
Ejectment
brought,
when.
Summons in
such action,
how served.
Service shall
stand instead
CHAP. 94.

SEC. 19.—Whenever a half-year's rent, or more, is in
arrear from a tenant, the landlord, if he has a subsisting
right, by law, to reënter for the non-payment of such rent,
may bring an action to recover the possession of the demised
premises.
SEC. 20.-If the summons in such action cannot be served
in the ordinary mode provided by law, it may be served by
affixing a copy of the petition and summons on a conspicuous
part of the demised premises, where it may be conveniently
read.
SEC. 21.—The service of the summons in such action shall
of a demand be deemed, and stand instead of, a demand of the rent in
for rent and of arrear, and of a reëntry on the demised premises.
a reëntry.
Judgment
for recovery
SEC. 22.—If, upon the trial of such action, it is proved,
of demised or, upon judgment by default, it appear to the court, by
premises and affidavit, that the plaintiff had a right to commence such ac-
tion according to the provisions of this act, he shall have
rent, when.
v. Draper, 11 Mo. Rep., 548. If a lessor, by his wrongful act, defeat the
enjoyment of the property by the lessees, the latter may abandon the pos-
session of the premises, and exonerate himself from liability to pay rent.
Jackson v. Eddy, 12 Mo. Rep., 209. Personal property which is necessarily
connected with the freehold by a tenant, for the purpose of carrying on the
trade or business for which it has been demised to him, does not thereby
"attach" to the reality, but remains the chattel of the out-going tenant,
and may be removed by him at the termination of his lease. Finney v.
Watkins, 13 Mo. Rep., 291. When a person rents a tenement for one year,
and after its expiration, remains in possession, the presumption is, that he
has rented it for another year, and not that he is a trespasser. Stoops v.
Devlin, 16 Mo. Rep., 162. In such a case a tenant holding under him will
be permitted to dispute his title. Ibid. It is no defence to an action
ent under an express covenant, that a rise in the river rendered a part
of the leasehold premises untenantable. An offset for damages sustained
by such a rise is properly stricken out. Niedelet v. Wales, 16 Mo. Rep.,
214. The assignee of a lease, by way of a mortgage, is not liable to the
lessor for rent, unless he enters into possession. McKee v. Angelrodt, 16
Mo. Rep., 283. A person who receives an absolute assignment of a lease
is liable for rent, whether he enters into possession or not.
Smith v.
Brinker, 17 Mo. Rep., 148. A fee-farm rent will be upheld in this State.
Alexander v. Warrance, Ibid, 228. A landlord is not bound to repair, un-
less he covenant so to do in his lease; nor is he liable to his tenant
for damages caused by a nuisance on the leasehold premises, unless upon
some contract, or unless the nuisance arise from some act with which he is
connected. Vai v. Weld, Ibid, 232. Vide, Morse v. Maddox, 17 Mo. Rep.,
569. The lien can only be enforced by process of law. Knox v. Hunt, 18
Mo. Rep., 243. If the property remain in specie in the hands of an as-
signee, the landlord may, during the continuance of the lien, seize it under
process, or might, if it was consumed, hold the assignee accountable for its
value, if the assignment was voluntary, or taken with a knowledge of the
existence of the lien. The crop, during the continuance of the lien, would
not be subject to the process of the law at the suit of any other creditor,
without payment of the rent, as the lien of the landlord would protect it
from sale. Ibid. Vide, Walker v. Mauro, 18 Mo. Rep., 564.
LANDLORDS AND TENANTS.
1015
СНАР. 94.
judgment to recover the possession of the demised premises
and costs.
Effect of
tender of rent
and costs be-
fore judg-
ment.
Lessee, &c.,
barred from
SEC. 23. If the defendant, before judgment is given in
such action, either tender to the landlord, or bring into the
court where the suit is pending, all the rent then in arrear,
and all costs, all further proceedings in the action shall cease.
SEC. 24. — After execution upon such judgment is exe-
cuted, the lessee and his assignees, and all other persons relief, when.
deriving title under the lease from such lessee, shall be barred
from all relief, (except for error in the record or proceed-
ings,) and the landlord shall from thenceforth hold the de-
mised premises discharged from the lease.
SEC. 25.—A mortgagee of such lease, not in possession
of such demised premises, who, within three months after
execution of any judgment is executed, shall pay all rent in
arrear, and all costs, and the charges incurred by the land-
lord, and shall perform all the agreements which ought to be
performed by the first lessee, and shall not be affected by the
recovery of the possession of the demised premises.
pre-
SEC. 26. — When any person who shall be liable to pay
rent, (whether the same be due or not, and whether the same
be payable in money or other thing, if the rent be due within
one year thereafter,) intends to remove, or is removing, or has,
within thirty days, removed his property from the leased
mises, the person to whom the rent is owing may, before a
justice of the peace, or the clerk of a court of record having
jurisdiction of actions by attachment in ordinary cases, of the
county in which the premises lie, make affidavit of one or
more of the facts aforesaid, and that he believes, unless an
attachment be issued, he will lose his rent; whereupon such
officer shall issue an attachment for the rent, against the per-
sonal property of the person liable for the same.
But no
such attachment shall issue, until the plaintiff has filed with
the officer the instrument of writing, statement or petition,
upon which he sues, in the manner provided by law in actions
by attachment, and given bond in double the amount sued for,
with good security to the defendant, to indemnify the defend-
ant, if it appear that the attachment has been wrongfully ob-
tained. (a)
(a) Where goods are illegally taken, under a warrant for rent, and money
I VOL. II.
Provision
and reserva-
tion in favor
of mortgagees
of lease in
such cases.
In what
cases, before
whom, and
how, an at-
rent may be
tachment for
obtained.
1016
LANDLORDS AND TENANTS.
Proceedings
shall be the
same as in or-
CHAP. 94.
SEC. 27. Proceedings on all attachments issued under
this act shall be the same as provided, by law, in case of suits
dinary attach- by attachment.
ment suits.
Who may
recover rent,
as provided in
two preceding
sections.
Alienee or
assignee may
recover rent.
Rent may be
recovered, of
whom, and
how.
What pro-
perty exempt
from rent.
If rent be
SEC. 28. He to whom rent is due, whether he has the
reversion or not, or his personal representatives, or his as-
signee, may recover such rent as provided in the two preced-
ing sections, whatever be the estate of the person owing it,
or though his estate or interest in the land be ended.
SEC. 29.-If the owner or holder alien or assign his es-
tate or term, or the rent thereafter to fall due thereon, his
alienee or assignee may recover such rent.
SEC. 30.- Rent may be recovered from the lessee or per-
son owing it, or his assignee or under-tenant, or the repre-
sentative of either, by the same remedies given in the pre-
ceding sections; but no assignee or under-tenant shall be
liable for rent which became due before his interest began.
SEC. 31.- Property exempt from execution shall be, also,
exempt from attachment for rent, except the crop grown on
the demised premises on which the rent claimed is due.
SEC. 32.- In all cases in which lands or tenements are,
not paid as or shall be, rented or leased, and default shall be made in the
agreed, land-
lord may re-payment of the rents, at the time or times agreed upon by
cover posses- the parties, it shall be lawful for the landlord to dispossess
sion, how.
Procedure to
recover
session; state-
contain, what;
summons
issue.
to
the tenant and all sub-tenants, and recover possession of
the premises rented or leased, in the manner hereinafter pro-
vided.
SEC. 33. — Whenever any rent has become due and pay-
posable, and payment has been demanded by the landlord, or his
ment shall agent, from the lessee, or person occupying the premises, and
payment thereof has not been made, the landlord, or his
agent, may file a statement, verified by affidavit, with any
justice of the peace in the township in which the property is
situated, (or, if the same shall be in the city of St. Louis, then
with any justice of the peace in the ward in which the pro-
perty is situated,) setting forth the terms upon which the pro-
perty was rented, and the amount of rent actually due to
such landlord; that the same has been demanded from the
tenant, lessce, or person occupying the premises; and that
is paid to have them restored, an action will lie to recover back the money.
Quinnett v. Washington, 10 Mo. Rep., 53.
LANDLORDS AND TENANTS.
1017
CHAP. 94.
payment has not been made, and particularly describing the
property rented or leased; and thereupon such justice shall
issue a summons, directed to such tenant or lessee, and to all
persons occupying the property, by name, requiring them to
appear before him, upon a day to be therein named, and
show cause why possession of the property should not be re-
stored to the plaintiff.
Summons to
be executed,
SEC. 34. Such summons shall be executed at least five
days before the return day thereof, either: First, By read- when and how
ing the summons to the defendant; or, Second, By deliver-
ing him a copy of the summons; or, Third, By leaving such
copy at his usual place of abode, with some white member of
his family above the age of fifteen years.
SEC. 35.-Upon the return of the summons executed,
the justice shall proceed to hear the cause; and if it shall
appear that the rent which is due has been demanded of the
tenant, lessee, or persons occupying the property, and that
payment has not been made, and if the payment of such
rent, with all costs, shall not be tendered before the justice on
the hearing of said cause, the justice shall render judgment
that the landlord recover the possession of the premises so
rented or leased, and all costs, and shall issue an execution
upon such judgment, commanding the constable to put the
landlord into immediate possession of the property leased or
rented, and to make the costs of the goods and chattels of
the defendant; upon which execution, the constable shall de-
liver possession of the premises to the landlord within five
days from the time of receiving the said execution, and he
shall proceed, upon the said execution, to collect the costs
and return the writ, as in [case of] other executions issued
by a justice of the peace.
Upon return
of summons
executed, the
justice shall
render judg-
ment, and is-
sue execution,
commanding
constable
put landlord
to
in possession;
duty of con-
stable under
writ.
process shall
SEC. 36.When the property is held by a written lease, In what case
containing a clause declaring the lease forfeited for the non-not issue till
payment of rent, for a specified time, no process shall issue expiration of
against the lessee or other person occupying the premises,
until after the expiration of said term. (a)
lease.
Demand of
rent shall be
deemed good,
SEC. 37.-Any demand of rent by a landlord, or his
agent, shall be deemed good within the meaning of the
thirty-third section of this act, when made at any time after when.
(a) Vide, Illingworth & Clark, v. Miltenberger, 11 Mo. Rep., 80.
1018
LANDLORDS AND TENANTS.
Persons
purchasing
leased lands,
shall, on de-
fault of pay-
ment of rent,
СНАР. 94.
the said rent becomes due according to the time of the agree-
ment, whether by written lease or otherwise.
SEC. 38.- Any person purchasing lands or tenements,
occupied by any tenant or lessee, or sub-lessee, at the time
of such purchase, who shall at any time thereafter fail to pay
rent to such purchaser, upon such failure the person pur
chasing such property shall have the right to commence
session, how. proceedings before a justice of the peace, to recover posses-
sion of such premises, as above provided.
have right to
recover pos-
Acts, 1849,
p. 65.
Demand of
rent to be
how.
SEC. 39. — Before such proceedings are commenced, the
made by the plaintiff, or his agent, shall make a demand of rent, as pro-
purchaser, vided; and, at the time of making the demand, shall exhibit
to the tenant, or person in possession of the premises, the
deed under which he claims title, and if, then, payment is re-
fused, the owner may commence his action as aforesaid.
Ibid.
His com-
plaint to set
forth, what;
what proof
must be made
at the trial.
Ibid.
Appeals al-
lowed; de-
SEC. 40.—It shall be sufficient for such person to file his
complaint, verified by affidavit, stating by whom the premises
were leased, and the terms of such lease or renting, and how
he claims title to the same; and, upon the trial of the cause,
if the plaintiff show that the party in possession, or those
under whom they claim, rented or leased, from a party claim-
ing title to the premises by deed, and that the plaintiff has
acquired the title of the original lessor, by a deed or deeds,
regularly acknowledged, he shall be entitled to recover
possession.
SEC. 41. — Appeals shall be allowed from judgment of
fendant to justices of the peace, in all cases prosecuted under this act,
give bond.
in the manner provided, by law, for appeals in other civil
cases; but no appeal shall be allowed the defendant, unless
Acts, 1847, he give bond with security, sufficient to secure the payment
of all damages, costs and rent then due, and to accrue, and
with condition to stay waste.
p. 90.
Penalty on
tenants for
waste.
sue.
Who may
WASTE, DAMAGES AND RIGHTS OF REMAINDERMEN.
SEC. 42.—If any tenant for life or years shall commit
waste during his estate or term, of anything belonging to the
tenement so held, without special license in writing so to do,
he shall be subject to a civil action for such waste, and shall
lose the thing wasted, and pay treble the amount at which
the waste shall be assessed.
SEC. 43.-The action may be maintained by one who has
LANDLORDS AND TENANTS.
1019
CHAP. 94.
the remainder or reversion in fee simple, after an intervening
estate for life or years, and, also, by one who has a remain-
der or reversion for life or years only; and each of them
shall recover such damages as it shall appear that he has
suffered by the waste complained of.
Heirs may
sue for waste
SEC. 44. An heir may bring and maintain an action for
waste done in the time of his ancestor, as well as in his own done, when.
time.
SEC. 45. — If a tenant of land commit any waste thereon,
after he has aliened it, while he remains in possession, he
shall be liable to the party injured, for damages.
Tenants lia-
ble for dama-
ges, when.
Tenants lia-
ble to co-te-
SEC. 46. If a tenant in common, joint-tenant or parce-
ner, commit waste, he shall be liable to his co-tenants, nants for da-
jointly or severally, for damages.
mages.
Guardians,
&c., liable for
whom, and
when.
SEC. 47.-If a guardian or curator commit waste of the
estate of his ward, he shall be liable to the ward for damages, damages, to
at the expiration of his guardianship or curatorship.
SEC. 48.- Any person who is entitled to such civil
action, shall recover such damages as it shall appear that mages reco-
he has suffered by the waste complained of.
What da-
vered for
waste.
If waste was
wantonly com-
SEC. 49. —If, in any action for waste, the jury find that
the waste was wantonly committed, judgment shall be entered mitted, dama-
for three times the amount of the damages assessed.
SEC. 50.—An action for waste may be brought against
the representatives of a tenant, or, if instituted in the life-
time of the tenant, it may be revived against his representa-
tives after his death.
SEC. 51. If the tenant in possession of any land shall,
pending a suit to recover or charge said land, commit any
waste thereon, the court in which the suit may be pending
may order a receiver to take possession of the land.
Approved November 29, 1855.
ges shall be
treble.
Actions for
waste brought
against the re-
presentatives
of tenant, &c.,
when.
A receiver
may take pos-
session of
land, when.
1020
LAWS.
CHAP. 95.
CHAPTER XCV.
LAWS.
AN ACT CONCERNING LAWS.
ARTICLE I. OF COMMON LAW AND BRITISH STATUTES.
II.. OF THE AUTHENTICATION OF STATUTES
66
APPROVAL OF THE GOVERNOR.
WITHOUT THE
III.-OF THE TAKING EFFECT AND REPEALING OF LAWS.
IV. OF THE DUTY OF THE SECRETARY OF STATE RELATIVE TO
ENROLLED BILLS.
Common law
of England,
acts of Parlia-
ment, in force.
ARTICLE I.
OF COMMON LAW AND BRITISH STATUTES.
1. Common law of England, and 2. Punishment by the common law
all general statutes and acts of
Parliament prior to the 4th
year of James I., in force.
limited; British statutes for
punishment of crimes, &c.,
not in force.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.-The common law of England, and all
and certain statutes and acts of Parliament made prior to the fourth
year of the reign of James the First, and which are of a
general nature, not local to that kingdom, which common
law and statutes are not repugnant to, or inconsistent with,
the Constitution of the United States, the Constitution of
this State, or the statute laws in force for the time being,
shall be the rule of action and decision in this State, any
law, custom or usage, to the contrary notwithstanding. (a)
Punishment
SEC. 2.-Punishment, by virtue of the common law, shall
by common
law limited; in nowise be other than [by] fine and imprisonment, and
by British sta- such fine shall not exceed one hundred dollars, and the term
tutes, &c., not
in force. of such imprisonment shall not exceed two months; nor shall
any of the British statutes for the punishment of crimes.
and misdemeanors be in force in this State.
(a) By the act of January 19th, 1816, the Spanish law was abolished,
and the English common law adopted. Picotte, v. Cooley, 10 Mo. Rep.,
312; Landes v. Perkins, 12 Mo. Rep., 238; Youse v. Norcums, Ibid, 549.
Spanish law of community did not prevail in this State after the taking
effect of the territorial act of July 4, 1807. Riddick v. Walsh, 15 Mo.
Rep., 519.
LAWS.
1021
CHAP. 95.
ARTICLE II.
OF
THE AUTHENTICATION OF STATUTES WITHOUT THE AP-
PROVAL OF THE GOVERNOR.
2 1. Statutes, how authenticated, if | 2. Bills not returned by Governor,
how authenticated.
the Governor disapprove. |
Statutes,
how authenti-
Governor dis-
approve.
SECTION 1.—When a bill that has passed both houses of
the General Assembly shall be returned by the Governor, cated, if the
without his signature, and with objections thereto, and, upon
a reconsideration, shall pass both houses by the constitutional
majority, it shall be authenticated as having become a law,
by a certificate endorsed thereon, or attached thereto, in the
following form: "This bill having been returned by the
Governor, with his objections thereto, and, after reconsidera-
tion, having passed both houses by the constitutional ma-
jority, it has become a law, this day of;" which,
being signed by the President of the Senate and Speaker of
the House of Representatives, shall be deemed a sufficient
authentication thereof, and the bill shall again be presented.
to the Governor, to be by him deposited with the laws, in the
office of the Secretary of State.
Bills not rc-
turned by Go-
SEC. 2. Every bill which has passed both houses of the
General Assembly, and shall not be returned by the Go-vernor, how
vernor within ten days, having thereby become a law, shall be authenticated
authenticated by the Governor causing the fact to be certified
thereon, by the Secretary of State, in the following form:
"This bill having remained with the Governor ten days,
(Sundays excepted,) and the General Assembly being in
session, it has become a law, this
day of
J B, Secretary of State."
ARTICLE III.
OF THE TAKING EFFECT AND REPEALING OF LAWS.
8 1. Law repealing a former law, | 2. Laws hereafter passed to take
being itself repealed, not to
revive former law, &c.
effect ninety days after pas-
sage, &c.
SECTION 1.-When a law, repealing a former law, clause or
provision, shall be itself repealed, it shall not be construed to
revive such former law, clause or provision, unless it be other-
wise expressly provided; nor shall any law, repealing any
Law repeal-
ing former law
being itself re-
pealed, not to
revive former
law, &c.
1022
LAWS-REVISED STATUTES.
Laws here-
after passed,
CHAP. 96.
former law, clause or provision, be construed to abate, annul,
or in any wise affect, any proceedings had or commenced
under, or by virtue of, the law so repealed, but the same shall
be as effectual, and be proceeded on to final judgment and
termination, as if the repealing law had not passed, unless
it be otherwise expressly provided.
SEC. 2. All acts of the General Assembly hereafter
to take effect, passed, shall take effect at the end of ninety days after the
passage thereof, unless a different time is therein appointed.
when.
After the
lawsare print-
ed, the Secre-
to have the
ARTICLE IV.
OF THE DUTY OF THE SECRETARY OF STATE RELATIVE TO
ENROLLED BILLS.
1. After the laws are printed, the Secretary of State to have the enrolled
bills bound and indexed.
SECTION 1. As soon as practicable after the laws passed,
at any session of the General Assembly, shall be printed and
tary of State delivered, the Secretary of State shall cause the original
rolls to be bound in a strong and substantial manner, and
properly labeled, and shall make therein a written index,
referring to each act, and shall preserve the volumes thus
bound, safely in his office.
enrolled bills
bound and in-
dexed.
Approved November 23, 1855.
CHAPTER XCVI.
LAWS-REVISED STATUTES-CONSTRUCTION.
AN ACT CONCERNING THE REVISED STATUTES.
21. Twelve thousand copies to be ? 6. Commissioner appointed to su-
published and distributed.
2. What acts the Revised Statutes
shall contain.
3. What acts shall not be pub-
lished in Revised Statutes.
4. Constitutions of United States,
and of the State of Missouri,
&c., to be published with Re-
vised Statutes.
5. Declaration of Independence,
&c., shall be published in the
Appendix with the Revised
Statutes.
perintend the publication of
the Revised Statutes; his du-
ties, &c.
7. Vacancy in office of Commis-
sioner, how filled.
8. The terms "heretofore" and
"hereafter," how construed.
9. When the plural number is
used, to include the singular
also.
10. Construction of words import-
ing the singular number, or
the masculine gender.
LAWS REVISED STATUTES.
1023
CHAP. 96.
? 11. In what cases the rules in two 17. Offence committed before, but
preceding sections shall apply.
12. Construction of repugnant pro-
visions contained in Revised
Statutes.
13. Acts, local, private, &c., not re-
pealed, to continue in force,
or expire by their own pro-
visions.
14. Repeal of statutory provisions,
not to affect any act done, or
right accrued, &c., but such
act, right, &c., shall be valid
and effectual, &c.
15. Offence committed, and fine,
&c., incurred, shall not be af-
fected by repeal, &c.
16. Actions, plea, prosecutions, &c.,
pending at the time of re-
peal, &c., proceedings, how
conducted.
conviction after, taking effect
of criminal code, what sen-
tence shall be pronounced.
18. All acts of a general nature to
take effect from the first day
of May, 1856.
19. All public acts, not revised, are
continued in force.
21.
20. Former acts in force, &c., re-
pealed by the revised acts of
the present session.
Nine thousand copies of the
school law to be published.
Rules construing certain words
and phrases.
22.
23. Acts specially applicable to St.
Louis county, not repealed,
unless by some act, &c.
24. This act in force from its pas-
sage, &c.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
Twelve thou-
SECTION 1.-There shall be published and distributed, an
edition of twelve thousand copies of the Revised Statutes of sand copies to
this State.
SEC. 2.-The Revised Statutes shall contain all acts of a
public, general and permanent nature, passed during the
present session of the General Assembly, (except as hereinaf-
ter excepted,) and such as were before passed, and are con-
tinued in force by their own provisions.
SEC. 3. The acts passed during the present session,
which are continued in force, and not to be published in the
Revised Statutes, are as follows: All acts of incorporation;
all acts for the appropriation of money; all memorials and
joint resolutions; all special acts, organizing new counties,
establishing or changing county lines, establishing or remov-
ing seats of justice; all special acts providing for laying out
State roads; all other acts of a private, local or temporary
nature.
be published
and distri-
buted.
What acts
the Revised
contain.
Statutes shall
What acts
shall not be
published in
the Revised
Statutes.
Constitutions
of the United
States, Mis-
souri, &c., to
be published
with Revised
SEC. 4. The Constitutions of the United States, and of
this State, and the amendments thereto, the act of Congress,
approved March sixth, eighteen hundred and twenty, au-
thorizing the people of Missouri Territory to form a State
government, and the ordinance of the convention of the peo- Statutes.
ple of Missouri, by their representatives, of the nineteenth
of July, eighteen hundred and twenty, declaring the assent
of the people of Missouri to the conditions and provisions of
I 2-VOL. II.
-
1024
LAWS REVISED STATUTES.
CHAP. 96.
the above recited act of Congress, shall be prefixed to, and
be published with, the Revised Statutes.
Declaration
SEC. 5.-The Forms adopted at the present session of the
of Indepen-
dence, &c., General Assembly, the Declaration of Independence, Wash-
shall be pub-
lished in the ington's Farewell Address, the Laws of Congress in relation
Appendix to the naturalization of aliens, fugitives from justice, and
fugitives from labor, shall be printed in the Appendix, and
published with the Revised Statutes.
with Revised
Statutes.
Commission-
er appointed
tion of the Re-
SEC. 6.The Commissioner appointed to superintend and
to superintend direct the publication of the Revised Statutes shall arrange
the publica- the order of publication, prepare the notes and index, ex-
vised Sta-amine and correct the proof-sheets; and the expenses attend-
ing the same shall be audited by the Auditor, and paid out
of the contingent fund of the General Assembly.
tutes; his du-
ties, &c.
Vacancy in
office of Com-
missioner,
how filled.
The terms
"heretofore "
ter,"
strued.
SEC. 7.-If any vacancy occur in the office of Commis-
sioner of [for] printing the Revised Statutes, the Governor
shall appoint some other suitable person to discharge the du-
ties required by this act.
SEC. 8. Whenever the term "heretofore" occurs in any
and "hereaf- statute, it shall be construed to mean any time previous to
"how con- the day when such statute shall take effect; and whenever
the term "hereafter" occurs, it shall be construed to mean
the time after the statute containing such term shall take
effect.
When the
plural number
is used, to in-
clude the sin-
gular, also.
Construction
of words im-
SEC. 9.-Whenever, in any statute, words importing the
plural number are used in describing or referring to any
matter, parties or persons, any single matter, party or per-
son, shall be deemed to be included, although distributive
words may not be used.
SEC. 10. When any subject matter, party or person, is
porting the described or referred to, by words importing the singular
singular num- number, or the masculine gender, several matters and per-
masculine sons, and females as well as males, and bodies corporate as
gender.
well as individuals, shall be deemed to be included.
ber, or the
In what
cases the rules
in two pre-
SEC. 11. The rules prescribed in the last two sections
shall apply in all cases, unless it be otherwise specially pro-
ceding sec- vided, or unless there be something in the subject or context
tions shall ap-
repugnant to such construction.
ply.
Construction SEC. 12. For the purpose of construction, the Revised
of repugnant
provisions. Statutes, passed at the present session of the General As-
sembly, shall be deemed to have been passed on the same
LAWS REVISED STATUTES.
1025
CHAP. 96.
day, notwithstanding they may have been passed or [may
have] taken effect at different times; but if any provisions of
different statutes are repugnant to each other, that which
shall have been last passed shall prevail, and so much of any
prior provisions as is inconsistent with such last provision
shall be deemed repealed thereby. (a)
SEC. 13. — All acts, or parts of acts, of a private, local or
temporary nature, in force at the commencement of the
present session of the General Assembly, not repealed by, or
repugnant to, some act of the present session, shall continue
in force, or expire, according to their respective provisions
and limitations.
SEC. 14.—The repeal of any statutory provision by this
act shall not affect any act done, or right accrued or esta-
blished, in any proceedings, suit or prosecution, had or com-
menced in any civil case previous to the time when such re-
peal shall take effect; but every such act, right and proceed-
ing, shall remain as valid and effectual as if the provisions so
repealed had remained in force.
Acts, local.
private, &c.,
not repealed,
to continue in
force, or ex-
pire by their
sions.
own provi-
Repeal, &c..
by this act, not
to affect any
act done, or
right accrued.
&c., but such
act, right, &c.,
shall be valid
and effectual.
Offence com-
mitted, fine.
&c., incurred,
shall not be af-
peal, &c.
fected by re-
SEC. 15.- No offence committed, and no fine, penalty or
forfeiture incurred, previous to the time when any statutory
provision shall be repealed, shall be affected by such repeal;
but the trial and punishment of all such offences, and the re-
covery of such fines, penalties and forfeitures, shall be had,
in all respects, as if the provision had remained in force.
SEC. 16. No action, plea, prosecution, civil or criminal,
pending at the time any statutory provision shall be repealed,
shall be affected by such repeal; but the same shall proceed,
in all respects, as if such statutory provisions had not been re-ings, how con-
pealed, except that all such proceedings had after the time
of taking effect of the Revised Statutes, shall be conducted
according to the provisions of such statute, and shall be, in
(a) What is clearly implied by a statute, is as much a part of the statute
as if expressed in words. Coonce v. Munday, 3 Mo. Rep., 264. Statutes
must be understood and interpreted with reference to their context and sub-
ject matter. Ruggles v. Washington County, Ibid, 348. Where the intent
of the law-maker is plain, cotemporaneous construction is entitled to little
or no weight in settling the law. Wear & Hickman v Bryant, 5 Mo. Rep.,
147. No statute shall be construed in such a manner as to be inconvenient,
or against reason. Fanny v. State, 6 Mo. Rep., 122. A thing which is in
the intention of the makers of the statute, is as much within the statute as if
it were within the letter. Riddick v. Walsh, 15 Mo. Rep., 519. In con-
struing a statute, if possible, effect must be given to all its provisions. Ibid.
Actions, pro-
secutions, &c.,
pending at the
time of repeal,
&c., proceed-
ducted.
1026
LAWS REVISED STATUTES.
Offence com-
mitted before,
but conviction
after, taking
effect of cri-
minal code,
what sentence
shall be pro-
nounced.
All acts of a
generalnature
to take effect,
when.
All public
acts not revis-
ed are con-
tinued in
force.
Former acts
in force, &c.,
repealed by
the revised
acts of the
present ses-
sion.
Nine thou-
sand copies of
school law to
be printed,
how and by
whom.
Rules con-
struing cer-
tain
words
and phrases.
CHAP. 96.
all respects, subject to the provisions thereof, so far as they
are applicable.
SEC. 17. — If any person, after the taking effect of the act
concerning crimes and their punishments, passed at the
present session, be convicted of any offence committed before
that time, he may openly pray the court before which the
conviction is had, that sentence be pronounced agreeably to
the provisions of said act for the like offence, in which case
the court shall pronounce such sentence, as would have been
pronounced if the offence had been committed after the tak-
ing effect of the act before mentioned.
SEC. 18.- All acts of a public, permanent and general
nature, passed by the present General Assembly, and ap-
proved by the Governor, shall take effect and be in force from
and after the first day of May, eighteen hundred and fifty-
six, unless it be otherwise provided in such act.
SEC. 19.-All acts, or parts of acts, of a public, permanent
and general nature, not revised at the present session, and in
force at the commencement of the present session of the
General Assembly, shall be, and the same are hereby, con-
tinued in full force and effect.
SEC. 20. All acts of a public, general and permanent
nature, revised at the present session of the General Assem-
bly, so soon as such acts shall take effect, shall be taken and
construed as repealing the acts in force at the commencement
of the present session of the General Assembly, so revised.
SEC. 21.-There shall be printed and published, nine
thousand copies of the revised act of the present session, en-
titled "An act to provide for the organization, support and
government of common schools," with a complete index and
forms thereto, in the same manner as the private acts of the
General Assembly are required to be printed; and said
pamphlet shall be distributed by the Secretary of State,
among the several counties, in proportion to their free white
population, as near as may be.
SEC. 22.— The construction of all statutes of this State
shall be by the following additional rules, unless such con-
struction be plainly repugnant to the intent of the Legisla-
ture, or of the context of the same statute: First, Words
and phrases shall be taken in their plain, or ordinary and usual,
sense; but technical words and phrases, having a peculiar and
LAWS-REVISED STATUTES.
1027
CHAP. 96.
appropriate meaning in law, shall be understood according to
their technical import; Second, Words importing joint autho-
rity to three or more persons, shall be construed as authority
to a majority of such persons, unless otherwise declared in
the law giving such authority; Third, The word "month,"
shall mean a calendar month, and the word "year," shall
mean a calendar year, unless otherwise expressed, and the
word "year," be equivalent to the words, "year of our Lord;"
Fourth, The time within which an act is to be done shall be
computed by excluding the first day and including the last — if
the last day be Sunday, it shall be excluded; Fifth, The
word "State," applied to any of the United States, shall in-
clude the District of Columbia; and the words "United
States" shall include the said District and the several Terri-
tories; Sixth, The word "will," shall include the words "tes-
tament" and "codicil;" Seventh, The words "written" and
“in writing” shall include printing, lithographing, or other
mode of representing words and letters; but, in all cases
where the written signature of any person is required, the
proper handwriting of such person, or his mark, shall be in-
tended; Eighth, When a statute requires an act to be done,
which, by law, an agent or deputy as well may do as the prin-
cipal, such requisition shall be satisfied by the performance.
of such act by an authorized agent or deputy; Ninth, The
terms "real property," or "premises," or "real estate,” shall
be deemed to be co-extensive with lands, tenements and
hereditaments; Tenth, The words "personal property" shall
include money, goods, chattels, things in action and evidences
of debt; Eleventh, The word "property" shall include real
and personal property.
New section.
to St. Louis
SEC. 23. — All acts, and parts of acts, specially applicable Acts special-
to the city or county of St. Louis, and in force at the com-ly applicable
mencement of the present session of the General Assembly, county, not re-
and not repealed or modified by some act of the present ses-pealed, unless
by some act
sion, specially applicable to said county or city, shall be, and applicable to
the same are hereby, continued in force.
said county.
In force
SEC. 24. This act shall take effect from its passage, and
shall be published with, and as a part of, the Revised Statutes. from passage,
&c.
Approved December 6, 1855.
1028
LAWS AND JOURNALS.
CHAP. 97.
Original rolls
shall be depo-
CHAPTER XCVII.
LAWS AND JOURNALS-PUBLICATION.
AN ACT TO PROVIDE FOR THE PUBLICATION AND DISTRIBUTION OF THE
LAWS AND JOURNALS.
31. Original rolls to be deposited | 3 10. Clerks to distribute the laws in
with Secretary of State.
2. Such rolls shall be well-bound
and indexed.
3. Secretary shall copy such rolls,
and deliver same to the printer
or superintendent, &c.
4. Secretary to affix marginal
notes, &c., and make index,
&c.
5. Secretary's duty relating to su-
perintending the printing of
the laws and correction of
proof-sheets.
6. Number of copies of laws to be
printed; manner of executing
the work.
7. Copies of laws to be distributed
immediately to certain offi-
cers.
8. What number Secretary to re-
tain for use of Legislature.
9. Duty of the Secretary in rela-
tion to distributing and sell-
ing the laws.
their counties; who shall be
entitled to them.
11. Clerk to take receipts for each
copy delivered; only one copy
to each person.
12. When an office becomes vacant,
the officer shall deliver his
copy to clerk.
13. Senate and House to cause their
journals to be copied for the
press without delay.
14. A certain number of copies of
journals to be printed and
bound.
15. Such copies to be deposited
with clerk of circuit courts,
&c.; who entitled to same.
16. Additional persons entitled to
copies.
17. Compensation for copying laws
and journals.
18.
All copies of laws and journals
of other States to be kept by
Secretary of State.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.-The original rolls of all laws and concur-
sited with Se- rent resolutions, passed by the General Assembly of this
cretary of State, shall, immediately after the passage thereof, be depo-
sited in the office of Secretary of State.
State.
Such rolls
shall be well-
SEC. 2.—The Secretary shall cause the said original rolls
bound and in- to be bound in a strong and substantial manner,
and properly
dexed.
Secretary, as
cable, to copy
labeled, and shall insert therein a written index, referring to
each particular act, and shall preserve the volumes thus bound
safely in his office.
SEC. 3.-As soon after the passage of any law or joint
soon as practi-resolution as is practicable, the Secretary of State shall cause
such rolls, and the same to be copied, together with such notes and references
to the printer as may appear on the original rolls in his office, and prepare
or superin- for the press, and deliver the same to such person or persons
deliver same
tendent. as may be, by law, appointed to superintend the printing the
LAWS AND JOURNALS.
1029
CHAP. 97.
laws; and if no such person shall be selected, as aforesaid, then
the Secretary of State shall superintend the printing the
laws, as is herein provided.
Secretary
shall affix
SEC. 4.—The said Secretary shall affix proper marginal
notes to each paragraph or section, stating briefly the purport marginal
thereof, each act or joint resolution making one chapter, num-
bered in alphabetical order, and he shall make out an index
to the acts and resolutions alphabetically arranged.
SEC. 5. The said Secretary shall deliver the copies of the
laws and resolutions, and index, so prepared, to the printer
appointed to print the same; he shall direct and superintend
the printing thereof, collate with, and correct by, the original
rolls, the proof-sheets of the printed copies; and when the
whole are printed, he shall note all errors which have been
committed, and cause a memorandum thereof to be annexed,
together with an attestation, under his hand, that he has col-
lated the laws and resolutions therein contained, with the
original rolls in his office, and corrected the same thereby.
SEC. 6.-There shall be printed, by the printer appointed.
for that purpose, as many copies of the laws and resolutions
passed at each session as the General Assembly shall, by
concurrent resolution, require, and the said laws and resolu-
tions shall be neatly printed, on good paper, in book-form, of
a royal-octavo size, with the marginal notes and index pre-
pared by the Secretary of State; and the acts and resolu-
tions of each session, unless otherwise directed by the Gene-
ral Assembly, shall be stitched together in one pamphlet with
a strong paper cover, after the manner in which the acts of
Congress are usually covered, and delivered to the Secretary
of State.
SEC. 7. The Secretary of State shall cause the printed
copies of the laws and resolutions, passed at each session, to
be distributed immediately after receiving the same, in the
manner following, namely: To the Governor, Lieutenant-Go-
vernor, Secretary of State, Auditor of Public Accounts, At-
torney-General, State Treasurer, Register of Lands, Deaf
and Dumb Asylum, and State Lunatic Asylum, each one
copy; to the Secretary of the Department of State of the
United States, and to the Executive of each State and Ter-
ritory within the United States, each three copies; to the
University of the State of Missouri, and the Law Library
notes, &c., and
make index,
&c.
Secretary's
duty in rela-
intending the
printing of the
rection of
proof-sheets.
tion to super-
laws and cor-
Number of
copies of laws
to be printed;
manner of ex-
ecuting work.
Copies of
laws to be im-
tributed to
mediately dis-
certain offi-
cers.
1030
LAWS AND JOURNALS.
What num-
ber Secretary
shall retain for
use of the Le-
gislature.
CHAP. 97.
Association of St. Louis, each two copies; and to the clerk
of the District, and of the Circuit, Court of the United States
for the district of Missouri, for the use of such court, each
two copies; and to the New York Law Institute, two copies.
SEC. 8. He shall retain in his office thirty-three copies.
for the use of the Senate, and one hundred and fifty copies
for the use of the House of Representatives of this State, (and
shall deliver the same to the chief clerks of the respective
houses, during each session of the General Assembly,) and five
hundred copies subject to the disposition of the General
Assembly.
Duty of the
SEC. 9.-He shall apportion to each county as many
Secretary in
relation to dis- copies as may be necessary to supply all persons entitled
tributing and to a copy under this act, and shall cause the same to be
selling laws.
deposited in the office of the clerk of the circuit court of
each county, for which the said clerks shall give their re-
ceipts respectively; and he shall cause the balance to be ap-
portioned to the several counties according to population, as
near as practicable, and shall cause the same to be deposited.
with the several clerks as aforesaid, and said clerk shall re-
ceipt for the same, and shall be authorized to sell, at cost
and carriage, all such copies as may be left, after supplying
all who, by this act, are entitled to a copy; and said clerks.
shall certify to the Auditor, in November in each year, the
number of copies sold, and the number on hand not disposed
of, and shall account for all moneys by them received on that
account, in like manner as other revenue which may come to
their hands.
Clerks to
distribute the
counties.
SEC. 10.-The clerks of the circuit courts, in their re-
laws in their spective counties, immediately after the receipt of the laws
respective for distribution, shall distribute the said copies, by delivering
one to each of the following officers, who shall reside in the
county, to wit: Each member of the General Assembly, judge
and clerk of any court of record, each circuit attorney, each
justice of the county court, each justice of the peace, sheriff
and coroner; and the remainder, if any, shall be retained to
supply such deficiency as may occur, or to be distributed to
other officers, as aforesaid, who may thereafter be appointed.
SEC. 11. The clerk shall take a receipt for each copy so
receipt for delivered, to be entered in a book to be kept for that pur-
each copy de-
livered.
pose, and no more than one copy shall be delivered to any
Clerk to take
LAWS AND JOURNALS.
1031
CHAP. 97.
one person, although such person may hold two or more
offices.
SEC. 12.-If any of the officers aforesaid, to whom copies
of the laws and resolutions are directed to be delivered, (mem-
bers of the General Assembly excepted,) shall resign, be re-
moved from office, or his office be in any manner vacated, it
shall be his duty to deliver the copies of all laws by him re-
ceived, to the clerk of the circuit court of the county in which
he received the same, to be deposited in his office for the use
of his successor; and in case of the death of any of the said
officers, (members of the General Assembly excepted,) the said
copies shall be delivered by their representatives; and for
the failure of any such officers, or their representatives, to re-
turn such copies for the space of three months, they shall
forfeit the sum of five dollars, to be recovered by civil action,
to the use of the county, before any justice of the peace.
When an of-
vacant, the of
ficer shall de-
fice becomes
liver his copy
to clerk.
Senate and
House to
journals to be
copied for the
cause their
press.
number of co-
printed and
SEC. 13. It shall be the duty of the Senate and House
of Representatives to cause the journals of their respective
houses to be copied and prepared for the press, without delay,
and at the close of each session to deliver the same to the
Secretary of State.
SEC. 14.—There shall be printed, under the superin- A certain
tendence of the Secretary of State, by the printer appointed pies of jour-
for that purpose, as many copies of the journals of the pro-nals to be
ceedings of each house of the General Assembly, at each bound.
session, as they shall, by concurrent resolution, require; and
the said journals shall be printed in book form, of a royal
octavo size, on small pica type. The Secretary of State
shall examine and correct the proof-sheets of the journals,
and prepare a table of errata, if any errors have been made;
and the journals, when completed, shall be stitched together
in separate pamphlets, with a strong paper cover, and de-
livered to the Secretary of State.
SEC. 15.-It shall be the duty of the said Secretary, so
soon after he shall have received the journals as practicable,
to cause to be deposited in the offices of the clerks of the
circuit courts of the respective counties in this State, a suffi-
cient number of the copies of the journals of each house,
allowing one to each of the following officers, to wit: Secretary
of the Senate, clerk of the House of Representatives, judge
of any court of record, justice of the county court, member
K VOL. II.
Such copies
with clerks of
to be deposited
circuit courts,
entitled to
&c., who are
same.
1032
LEAD FURNACES.
Additional
persons enti-
CHAP. 98.
of either house of the General Assembly; and the said
clerks of the circuit courts shall deliver the same accordingly.
SEC. 16. The said Secretary of State shall, also, [cause]
tled to copies. to be delivered one copy of the journals of each [house] to
the Governor, Attorney-General, Auditor, Treasurer and
Register, retaining one copy for himself; and he shall trans-
mit two copies of each to the Secretary of the Department
of State of the United States, and two copies to the Uni-
versity of this State, and to the Law Library Association of
St. Louis: the remaining copies shall be preserved, subject
to the order of the General Assembly.
Compensa-
tion for copy-
ing laws and
journals.
All copies
of laws and
journals of
SEC. 17. There shall be allowed to the person copying
the laws or journals for the press, the sum of ten cents for
every hundred words, and for making and preparing an index
to the laws, the sum of forty cents for every hundred words;
and the Auditor of Public Accounts shall audit and adjust any
account presented to him, for services as aforesaid, and draw
on the State [treasury] for the amount found to be due, to
be paid out of moneys appropriated for that purpose.
SEC. 18. — It shall be the duty of the Secretary of State
to keep safely in his office, subject to the order of the Gen-
other States, eral Assembly, all copies of laws, journals and public docu-
Secretary of ments, transmitted to the Executive of this State by the
Executive of the United States, or any State or Territory.
to be kept by
State.
Approved December 12, 1855.
Furnaces
to be enclos-
ed, in what
manner.
CHAPTER XCVIII.
LEAD FURNACES.
AN ACT DIRECTING THE FENCING AND ENCLOSING OF FURNACES FOR THE
SMELTING OF LEAD.
21. Furnaces to be enclosed, how. | 3. Where occupier leaves the
2. Penalty for neglect; liability
to party injured: how and
before whom damages re-
covered.
furnace enclosed, if pulled
down by another person, he
shall not be liable to the pe-
nalties, &c.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.—The owners or occupiers of every furnace,
LEGISLATURE-MEETING.
1033
CHAP. 99.
or other works used for the smelting of lead, are required
to keep the same enclosed with a good and lawful fence, for
the distance of at least ten yards from any part of said
furnace or works, and in such manner as to prevent horses,
cattle and other stock, from having access within the said
enclosure; and to keep and maintain the said fences and en-
closures in good order and repair, for and during the term
of six months after such furnace or works have been last
made use of for the smelting of lead.
SEC. 2.-If any such owner or occupier of any furnace,
or other works for the smelting of lead, shall fail or neglect to
make such enclosure, or to keep the same in repair for the
term of six months after the said furnace or works have been
last used, as aforesaid, the person so offending shall forfeit
and pay the sum of one dollar for each day the said furnace
or works shall remain without such enclosure, or such en-
closure shall be out of repair, to be recovered, with costs,
before any justice of the peace, by any person who will sue
for the same, and shall, also, be liable to the party injured.
SEC. 3. Where the owner or occupier of a furnace or
works ceases to occupy the same, and leaves the premises en-
closed according to the provisions of this act, he shall not be
liable to the penalties prescribed by the preceding section, if,
before the expiration of the six months, the enclosure is
pulled down or removed by another person, without the di-
rection or consent of said owner or occupier.
Approved November 19, 1855.
Penalty for
neglect; lia-
bility to party
injured; bow,
and before
whom, dama-
ges to be re-
covered.
Where oo-
cupier leaves
the furnace
enclosed, if
pulled down
by another
person, not
liable.
CHAPTER XCIX.
LEGISLATURE-MEETING-VACANCIES-PETITIONS.
AN ACT FIXING THE TIME OF MEETING OF THE GENERAL ASSEMBLY, AND
FOR FILLING VACANCIES, AND PROVIDING FOR NOTICE OF PETITIONS.
2
1. Legislature shall meet, when. 6. District or county altered or
2. Resignation of members, how
made; vacancies to be certi-
fied to the Governor.
3. Governor to issue writs of elec-
tion in all cases of vacancy.
4 Writs of election, how directed.
5. Election to supply vacancies,
how held; duty of sheriff.
divided, and new district
entitled to elect a member,
in such case election to fill
vacancy, where to be held.
7. Petitioners to change county
lines, &c., to give notice,
when and how.
8. Notice to be renewed, when.
1034
LEGISLATURE-MEETING.
General As-
sembly shall
meet, when.
Resignation
of members,
how made; va-
cancy to be
certified to the
Governor.
Duty of Go-
vernor in case
of vacancy.
Writs of
election, how
directed in
certain cases.
Election to
cies, how
held; duty of
CHAP. 99.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.-The General Assembly of this State shall
meet on the last Monday of December, in the year one
thousand eight hundred and fifty-six, and on the last Monday
of December, every second year thereafter.
SEC. 2.-If any member elected to either house of the
General Assembly shall resign in the recess thereof, he shall
address and transmit his resignation, in writing, to the Go-
vernor; and when any such member shall resign during any
session, he shall address his resignation, in writing, to the
presiding officer of the house of which he is a member, which
shall be entered on the journals; in which case, and [in] all
cases of vacancies happening, or being declared, during any
session of the General Assembly, by death, expulsion or other-
wise, the presiding officer of the house in which such vacancy
shall happen shall immediately notify the Governor thereof.
SEC. 3.— Whenever the Governor shall receive any re-
signation or notice of vacancy, or when he shall be satisfied
of the death of any member of either house, during the re-
cess, he shall, without delay, issue a writ of election to sup-
ply such vacancy.
SEC. 4. When any vacancy shall happen in the Senate,
for a district composed of more than one county, the writ of
election shall be directed to the sheriff of the county first named
in the law establishing the district; and when such vacancy
shall happen in a Senatorial district, which shall have been
divided or altered after the general election next preceding
the occurrence of such vacancy, the writ of election shall be
directed to the sheriff of the county first named in such old
district; and when any vacancy shall happen in either house,
for any county which shall have been divided after the gen-
eral election next preceding the occurrence of such vacancy,
the writ of election shall be directed to the sheriff of the
old county.
SEC. 5.—The sheriff to whom any writ of election shall
supply vacan- be delivered, shall cause the election to supply such vacancy
to be held within the limits composing the county or district
at the time of the next preceding general election, and shall
issue his proclamation, or notice, for holding the election
accordingly, and transmit a copy thereof, together with a
sheriff.
LEGISLATURE-MEETING.
1035
CHAP. 99.
copy of the writ, to the sheriff of each of the counties
within which any part of such old county or district may lie,
who shall cause copies of such notice to be put up, and the
election to be held accordingly, in such parts of their re-
spective counties as composed a part of the old county or
district, for which the election is to be held, at the last pre-
ceding general election; and the returns shall be made, and
the certificate of election granted, in all things as if no
division had taken place.
SEC. 6. When any district or county shall be so altered
or divided during the term for which a member shall be
elected, and the new district or county shall be authorized to
elect their members before the expiration of the term of the
former member, in that case the election to fill the vacancy
shall be held for the district or county as it shall remain after
such alteration or division, and not as it was at the last pre-
ceding general election.
SEC. 7.-No petition or petitions shall be finally acted
upon, by any General Assembly, which prays for the change
of any county lines, the erection of new counties, or the re-
moval of the seat of justice in any county, or which may
affect the rights and interests of any person or persons un-
less such petitioner or petitioners shall give three weeks' no-
tice in some newspaper printed in each of the counties in-
terested, or in such newspaper as may be nearest thereto,
setting forth clearly in such notice the substance of such
petition or petitions, at least two months before such person
or persons shall present their petition or petitions, to the
General Assembly, and within four months next preceding the
meeting of such General Assembly.
SEC. 8. When such petition or petitions shall not be
finally acted upon by the General Assembly, holden next
after the publication of such notice, no succeeding General
Assembly shall act favorably to such petition or petitions, un-
less the same notice, as. provided in the last preceding section,
shall have been given before the meeting of such succeeding
General Assembly.
Approved November 17, 1855.
District or
county divid-
ed, new dis-
trict entitled
member, &c.
to elect a
Petitioners to
change coun-
ty lines, erect
new counties,
or remove
seats of jus-
tice, to give
notice, when
and how.
Notice to be
when.
renewed,
1036
LEGISLATURE-PROCEEDINGS.
CHAP. 100.
Joint meet-
CHAPTER C.
LEGISLATURE - PROCEEDINGS.
AN ACT TO REGULATE PROCEEDINGS OF THE GENERAL ASSEMBLY IN CER-
TAIN CASES.
1. Joint meeting of both houses | 8. Power of each house, or both
of General Assembly, how or-
ganized.
2. President of the Senate to pre-
side; by what rules governed;
power to punish for disorder-
ly behavior.
3. Any member guilty of disor-
derly behavior, how punished.
4. When, and in what cases, per-
sons guilty of disorderly be-
havior may be ordered into
custody.
5. Disturbing committee of either
house, or joint committee,
punishable by the house.
6. Depositions may be taken and
read before either house, &c.,
when.
7. Commissions,
how and by
whom issued, and depositions
taken and returned.
houses, to issue writs and
process, &c.
9. Subpoenas to be issued, &c.;
process, by whom issued, by
whom attested, how and by
whom executed.
10. Compensation of witnesses.
11. Costs and expenses to be paid
out of the contingent fund,
or by the party charged, if
convicted.
12. Each house to control its own
contingent expenses; how ad-
justed and certified.
13. Joint expenses, how adjusted
and certified; warrant to be
drawn by the Auditor, &c.
14. Majority of all present neces-
sary to determine elections;
certificate, &c, to be granted.
15. Power to administer oaths.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.- When, by the laws or Constitution of this
ing of both State, a joint meeting of the Senate and House of Repre-
houses, how sentatives is required, they shall assemble, with their clerks,
on the day and at the hour previously agreed on for that pur-
pose, in the hall of the House of Representatives.
organized.
President of
preside; by
SEC. 2.When assembled, the President of the Senate
the Senate to shall preside, and such meeting shall be governed by such.
what rules go- standing rules as shall have been adopted for that purpose by
verned; pow- the concurrence of both houses; they shall have power to
er to punish.
punish any person other than a member for disorderly or
contemptuous behavior in their presence, by fine and impri-
sonment, in the same manner, and to the same extent, as
either house may do for the like conduct before them, by the
Constitution of this State.
Any mem-
ber guilty of
SEC. 3.- Any member of either house who shall be guilty
disorderly be- of disorderly behavior in the presence of such meeting, may
punished. be punished by the house of which he is a member, in the
havior, how
LEGISLATURE-PROCEEDINGS.
1037
CHAP. 100.
same manner as if the offence were committed in the presence
of such house.
SEC. 4.—If any person, whether a member or not, shall
be guilty of any disorder in the presence of either house, or
a committee of the whole, or in joint meeting of both houses,
while in session, the presiding officer of such house or joint
meeting, or chairman of the committee of the whole, may
order such person into immediate custody; and the sergeant-
at-arms, or the door-keeper, shall immediately take such
person into custody, and detain him until the further order of
the house, joint meeting, or committee of the whole, before
which the offence was committed.
Persons
guilty of dis-
orderly beha-
or may be
custody.
ordered into
Disturbing
committee of
either house,
house.
SEC. 5.-If any person, whether a member or not, shall
disturb the proceedings of any committee of either house, or
be guilty of disorder in their presence, the house appointing &c., punish-
such committee may punish such person as if the like offence able by the
were committed in the presence of such house; and if such
disorder or offence be committed before a joint committee of
both houses, the President of the Senate shall issue process,
and both houses in joint meeting proceed thereon.
SEC. 6. In cases not otherwise provided for by law, de-
positions may be taken and read in either house, or before a
committee thereof, or before both houses in joint meeting,
in all cases where the taking and reading [of] depositions
would be allowed in any case pending before any court of law.
Depositions
read before
either house,
&c., when.
Of commis-
sions and de-
SEC. 7.- When necessary, the presiding officer of the
house in which they are required, or of a joint meeting, may positions.
issue commissions to take such depositions as a court of law;
and the proceedings, in taking and returning depositions, shall
be the same as may be prescribed, by law, for taking deposi-
tions to be read in any court of law.
Power of
each house, or
both houses,
&c.
SEC. 8. Each house, or both houses in joint meeting,
may cause to be issued necessary writs and process to sum-
mon and compel any person charged with any offence, where- to issue writs,
of they have jurisdiction, to appear before them, or any com-
mittee thereof, and carry into execution their orders and
sentences, and to summon and compel the attendance of wit-
nesses, in as full a manner as any court of law, and with like
effect.
SEC. 9.- Subpoenas for witnesses shall be issued at the
request of any member of either house, or the party accused,
Subpoenas
to be issued,
when.
1038
LEGISLATURE-PROCEEDINGS.
whom issued,
whom exe-
cuted.
СНАР. 190.
Process, by or any member of any committee; and all process awarded
how and by by the House of Representatives, and subpoenas and other
process for witnesses whose attendance is required therein,
or before any committee thereof, shall be under the hand of
the Speaker, and attested by the chief clerk, and shall be
executed by the sergeant-at-arms, or a special messenger;
and all such process awarded by the Senate, or in a joint
meeting of both houses, shall be under the hand of the Presi-
dent, and attested by the secretary or chief clerk, and exe-
cuted by their sergeant-at-arms, or a special messenger.
Compensa-
tion of wit-
nesses.
Costs and
expenses to be
paid, how.
Each house
to control its
ses; how ad-
justed and cer-
tified.
SEC. 10.-Every witness attending either house, or a com-
mittee thereof, or a joint meeting of both houses, being sum-
moned, shall have the same fees and traveling allowance as
for the time being shall be allowed, by law, to witnesses for
their attendance, to.be paid as other costs.
SEC. 11. The fees of all officers and witnesses before
either house, or a joint meeting, and all other costs and ex-
penses arising therein, shall be paid out of the contingent
fund of the house in which the proceedings are had, or if had
in joint meeting of both houses, then out of the contingent
fund of the General Assembly, unless the party charged be
adjudged to pay the costs and expenses, in which case he
shall pay them, and payment thereof may be enforced by
execution.
SEC. 12. Each house shall control its own contingent
own contin- expenses; and when any account, properly chargeable to the
gent expen- House of Representatives, shall be adjusted and allowed ac-
cording to the rules of that house, a certificate thereof shall
be granted, signed by the Speaker and attested by the chief
clerk; and when any account or demand for contingent ex-
penses of the Senate shall be allowed according to the rules
of that house, a certificate thereof shall be granted, signed
by the President and attested by the secretary.
Joint expen-
ses, how ad-
rant to be
SEC. 13. — All joint expenses shall be controlled by their
justed and cer- concurrent vote, and shall be ascertained and adjusted ac-
tified; war- cording to their joint rules; a certificate thereof shall be
drawn, &c. issued, signed by the President and countersigned by the
secretary of the Senate, and every such certificate shall
specify the amount due, on what account, and the fund out
of which it is to be paid; and the Auditor of Public Ac-
counts, on the delivery of such certificate to him, shall draw
LEGISLATURE-COMPENSATION.
1039
CHAP. 101.
his warrant therefor accordingly, as in case of other demands
against the State.
Majority of
all present ne-
termine elec-
tions; certifi-
SEC. 14. In all elections made by either house, or by
joint vote of both houses, the votes of a majority of the mem-cessary to de-
bers present shall be necessary to a choice. When such elec-
tion shall be by joint vote, the President of the Senate shall
grant the person elected a certificate, which, in all cases where
a commission is required, shall be sufficient to authorize the
granting such commission.
cate, &c., to
be granted.
minister oaths
SEC. 15.-The President of the Senate and Speaker of Power to ad-
the House of Representatives may administer all oaths and
affirmations to the officers of their respective houses; and the
President of the Senate, Speaker of the House of Repre-
sentatives, a chairman of the committee of the whole, or
a chairman of any standing or select committee of either
house, may administer oaths and affirmations to witnesses in
any case under their examination.
Approved November 20, 1855.
CHAPTER CI.
LEGISLATURE COMPENSATION.
—
AN ACT TO FIX THE PAY OF THE GENERAL ASSEMBLY AND THEIR OFFICERS.
? 1. Compensation of the members, | 4. In cases of sickness, after ar-
the I resident of the Senate
and Speaker of the House.
2. Compensation of committees
appointed to examine the
Bank.
3. Compensation of committees
appointed to examine the of-
fices of Auditor, &c.
rival at the place of meeting,
compensation to continue.
5. Compensation of secretary of
the Senate, chief clerk, &c.,
other clerks, door-keeper and
sergeant-at-aims.
6. Certificate for compensation,
how granted and issued.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.—Members of the General Assembly shall re-
ceive as compensation for their services, the sum of three dol-
lars per day for the first sixty days, and after that time, the
sum of one dollar per day for the remainder of the session,
except at a revising session, they shall receive as compensa-
K 2— VOL. II.
Compensa-
tion of the
President of
members, the
the Senate
and Speaker
of the House.
1010
LEGISLATURE-COMPENSATION.
Compensa-
tion of com-
mittees ap-
amine Bank.
CHAP. 101.
tion, the sum of three dollars per day for the first one hun-
dred days, and one dollar per day for the remainder of the
session, and [each member] shall receive three dollars for
every twenty-five miles which he must travel in going from
his residence to the place of meeting, and returning thence,
estimating the distance by the most usual route. The Presi-
dent of the Senate and Speaker of the House of Representa-
tives shall each be entitled to receive four dollars and fifty
cents for each day he shall attend, and the same allowance
for traveling as members.
SEC. 2. The committees hereafter appointed by the Go-
vernor to examine the Bank of the State of Missouri, and
pointed to ex- its branches, shall receive for their services the same per
diem allowance, and the same mileage, as are allowed to
members of the General Assembly; and their accounts shall
be made out and paid in the same manner as those of the
members of the General Assembly.
Acts 1847,
p. 93.
Compensa-
tion of com-
mittees ap-
pointed to ex-
amine the of-
fices of Audit-
or, &c.
In cases of
sickness, af-
SEC. 3.— The committees hereafter appointed to examine
into the condition of the offices of the Auditor, Treasurer and
Register of Lands, shall receive the same pay and mileage
as are allowed in the preceding section to committees ap-
pointed to examine the Bank and its branches.
SEC. 4. If the President of the Senate, Speaker of the
ter arrival at House of Representatives, or any member, after his arrival
at the place of meeting, be unable to attend by reason of
sickness, he shall be entitled to his daily allowance in the
same manner as when in attendance.
the place of
meeting, com
pensation to
continue.
Compensa- SEC. 5. The secretary of the Senate and the chief clerk
tion of secre- of the House of Representatives shall each receive five dol-
tary of Se
nate, chief lars per day, including two days after the adjournment of
clerk, &c.
the General Assembly; and every other clerk employed by
either house shall receive three dollars per day, and the
door-keeper of each house, three dollars per day; and the ser-
geant-at-arms of each house shall receive three dollars per
day, while employed by the house, and such fees as shall be
allowed for the services of process by the house by which he
is appointed.
Certificate
SEC. 6. When any member or officer of either house
for compensa- shall present his account for his compensation, and the same
tion, how
granted and shall have been allowed according to the rules of the house.
to which he belongs, a certificate thereof shall be granted,
Issued.
LETTERS OF ATTORNEY.
1041
CHAP. 102.
specifying the amount and on what account, and directing
that the same be paid out of the appropriations made for the
pay of the General Assembly; which certificate, in the case
of a member or officer of the Senate, shall be signed by the
President, and attested by the secretary, and in case of a
member or officer of the House of Representatives, it shall
be signed by the Speaker and attested by the chief clerk;
and, upon the presentation of such certificate to the Auditor
of Public Accounts, he shall draw his warrant on the Trea-
surer for the amount.
Approved December 1, 1855.
CHAPTER CII.
LETTERS OF ATTORNEY.
AN ACT REGULATING THE ACKNOWLEDGMENT AND PROOF OF LETTERS OF
ATTORNEY.
1. Letters of attorney may be ac- 3
knowledged or proved, and
certified, how.
2. By whom proof or acknow-
ledgment may be taken.
3. Certificate of proof, &c., to be
endorsed thereon. Certifi-
cate, how made.
4. Acknowledgment not to be
taken, unless maker be per-
sonally known or identified.
5. What facts certificate of ac-
knowledgment or proof shail
state.
6. What proof shall be required
of the execution.
7.
When proof by subscribing wit-
ness shall be taken.
8.
What facts subscribing witness
shall prove before certificate
shall be granted.
9. What facts the certificate shall
set forth.
10. Proof of hand-writing of maker
and witness to be taken,
when.
11. When certificate of such proof
shall be granted.
12. What facts the certificate shall
set forth.
13. Letters of attorney may be
read in evidence, when.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.-Every letter of attorney, or other instrument
of writing, containing a power to do any act or business
whatsoever, other than the conveyance of real estate, as agent
or attorney for another, may be acknowledged or proved, and
certified in the manner as hereinafter prescribed. (a)
(a) This act is new with this Revision. Vide, Paul v. Edwards, 1 Mo.
Rep., 24; White v. Bennett, Ibid, 71. An act done by an agent is void, un-
Letters of
attorney may
be acknow-
ledged or
proved, and
certified, how.
1042
LETTERS OF ATTORNEY.
By whom
proof or ac-
knowledg-
taken.
CHAP. 102.
SEC. 2.—The proof or acknowledgment of every such
instrument of writing shall be taken by some one of the fol-
ment may be lowing courts or officers: First, If acknowledged or proved
within this State, by some court having a seal, or some judge,
justice or clerk thereof, or some justice of the peace, notary
public, mayor or other chief officer of any city or incorpo-
rated town, having an official seal; Second, If acknowledged
or proved without this State, by any court of the United
States, or any State or Territory thereof, having a seal, or
the judge, justice or clerk thereof, or by any court of any
other state, kingdom or empire, having a seal, or the judge,
justice or clerk thereof, or by any notary public, commis-
sioner of deeds appointed in virtue of the laws of this State,
or minister or commercial agent of the United States in any
foreign country, having a seal, or by any mayor or chief
less the terms of the agency have been pursued. Wahrendorf v. Whitaker,
Ibid, 146. Vide, Devers v. Becknell, Ibid, 237; Sumners v. Tice, Ibid,
248; Bell v. Glover, Ibid, 408. Public agents may bind themselves, if they
use fit and apt words for that purpose; and if they transcend their author-
ity, they become personally bound; the rule being that they are personally
liable, if the government be not liable. McClenticks v. Bryan, 1 Mo. Rep.,
427. Vide, Bank of Missouri v. Scott, Ibid, 533; Butler v. Johuson, 2 Mo.
Rep., 8.
Where an attorney does what he has authority to do, and more,
his act is good to the extent of his authority; and where he stops short of
his authority, if the object of the power be accomplished, his act is also
good. Bank of Missouri v. McKnight, 2 Mo. Rep., 37. Vide, Ashley v.
Bird, Ibid, 87; Benton v. Craig, Ibid, 160; Chouteau v. Paul, 3 Mo. Rep.,
186; Burton v. Collin, Ibid, 315. A man may make his wife his agent.
Singleton v. Mann, Ibid, 326. Whatever the agent says or does in relation
to the act by him to be performed, is a part of the res gesta, if done or said
while the transaction is passing. Ibid. Where an agent does an act for
the use of his principal, and the principal enjoys the benefits and fruits of
the act, he shall not afterwards be allowed to say that the act was illegal.
Ruggles v. Washington County, 3 Mo. Rep., 348. When a principal refers
any act to the judgment or discretion of his agent, and the agent acts erro-
neously, the principal is nevertheless bound. Ibid. A principal may re-
cognize an authority ex post facto, and make the act his own. Ibid. Vide,
St. Louis County v. Cleland, 4 Mo. Rep., 84; Stothard v. Aull, 7 Mo.
Rep., 318; Tate v. Evans, Ibid, 419; Lawless v. Guelbreth, 8 Mo. Rep.,
139, Overton v. Stevens, Ibid, 622; Switzer v. Connett, 11 Mo. Rep., 88;
Thompson v. Chouteau, 12 Mo. Rep, 488; Horey v. Pitcher, 13 Mo. Rep.,
191; Smyth v. Spalding, Ibid, 529; Little v. Stettheimer, Ibid, 572; Siger-
son v. Pomeroy, Ibid, 620; Well & Hepp v. Browning & Bushnell, 14 Mo.
Rep., 354.
An agent must keep within the scope of his authority. Hall
v. Hopkins, 14 Mo. Rep., 450; Taylor v. Labeaume, Ibid, 572; Kanada v.
North, Ibid, 615; Lewin v. Dille, 17 Mo. Rep., 4. The acts of an agent
within the scope of his usual employment are binding on his principal, as
to third persons, until they have notice of a revocation of the agent's au-
thority. Lamothe v. Dock Company, Ibid, 204; Dick v. Page & Bacon,
Ibid, 234; Taylor v. Labeaume, Ibid, 338. A public officer is not person-
ally liable on contracts made by him in his official capacity. Tutt v. Hobbs,
17 Mo. Rep., 486. Vide, St. John v. McConnell, 19 Mo. Rep., 38; Byars
v Doores, 20 Mo. Rep., 284; Wheeler v. Barrett, Ibid, 573; Page & Bacon
v. Lathrop, Ibid, 589.
LETTERS OF ATTORNEY.
1043
CHAP. 102.
officer of any city or incorporated town, having an official
seal.
Certificate
of proof, &c.,
to be endorsed
thereon.
Certificate,
SEC. 3.—Every court or officer that shall take the proof
or acknowledgment of any such instrument of writing, shall
grant a certificate thereof, and cause such certificate to be
endorsed on the same; and such certificate shall be: First,
When granted by a court, under the seal of the court; how made.
Second, When granted by the clerk of the court, under the
hand of the clerk and seal of the court of which he is clerk;
Third, When granted by an officer who has a seal of office,
under the hand and official seal of such officer; Fourth,
When granted by an officer who has no seal of office, under
the hand of such officer.
SEC. 4.-No acknowledgment of any such instrument
shall be taken, unless the person offering to make such ac-
knowledgment shall be personally known to at least one judge
of the court, or to the officer taking the same, to be the person
whose name is subscribed to such instrument as the maker
thereof, or shall be proved to be such by one witness.
Acknow-
ledgment not
unless maker
known or
be personally
identified.
to be taken,
What facts
certificate of
acknowledg-
shall state.
SEC. 5.The certificate of acknowledgment shall state
the fact of acknowledgment, and that the person making the
same was personally known to at least one judge of the court, ment or proof.
or to the officer granting the certificate, to be the person
whose name is subscribed to the instrument as the maker
thereof, or was proved to be such by one witness, whose name
shall be inserted in the certificate.
SEC. 6. The proof of the execution of any such instru-
ment shall be: First, By the testimony of a subscribing wit-
ness; or, Second, When the subscribing witness is dead, or
cannot be had, by evidence of the hand-writing of the maker,
and of the subscribing witness, given by one credible wit-
ness to each signature.
SEC. 7.-No proof by a subscribing witness shall be taken
unless such witness shall be personally known to at least one
judge of the court, or to the officer taking the proof, to be the
person whose name is subscribed to the instrument as a witness.
thereto, or shall be proved to be such by one credible witness.
SEC. 8.-No certificate of such proof shall be granted,
unless such subscribing witness shall prove that the person
whose name is subscribed thereto as the maker is the person
who executed the same, that such person executed the instru-
What proof
shall be re-
quired of the
execution.
When proof
by subscrib-
ing witness
shall be taken.
What facts
he shall prove
before certifi-
cate granted.
1044
LETTERS OF ATTORNEY.
What facts
the certificate
CHAP. 102.
ment, and that such witness subscribed his name thereto as a
witness thereof.
SEC. 9. The certificate of such proof shall set forth the
shall set forth. following matters: First, The fact that such subscribing wit-
ness was personally known to at least one judge of the court,
or to the officer granting the certificate, to be the person
whose name is subscribed to such instrument, as a witness
thereto, or was proved to be such by one witness, whose name
shall be inserted in the certificate; Second, The proof given
by such witness of the execution of such instrument, and of
the facts that the person whose name is subscribed to such
instrument as the maker thereof, is the person who executed
the same, and that such witness subscribed his name to such
instrument as a witness thereof.
Proof of
of maker
SEC. 10.- No proof by evidence of the hand-writing of
hand-writing the party, and of a subscribing witness, shall be taken, unless
witness to be the court or officer taking the same shall be satisfied that
taken, when.
the subscribing witness to such instrument is dead, or cannot
be had to prove the execution thereof.
When certi-
acate of such
SEC. 11.- No certificate of any such proof shall be
proof shall be granted, unless one credible witness shall state, on oath or
granted.
affirmation, that he personally knew the person whose name
is subscribed thereto as the maker, well knew his signature,
(stating his means of knowledge,) and believes the name of the
person subscribed thereto as the maker was subscribed by
such person; nor unless one credible witness shall, in like
manner, state that he personally knew the person whose name
is subscribed to such instrument as a witness, well knew his
signature, (stating his means of knowledge,) and believes the
name subscribed thereto as a witness was thereto subscribed
by such person.
What facts
the certificate
shall set forth.
Letters of
attorney may
SEC. 12. The certificate of such proof shall set forth
the name of the witness examined, the fact that such witness
was sworn, and the proof required by the last preceding sec-
tion to be by him given.
SEC. 13.- Every such instrument in writing which shall
be read in evi- be acknowledged or proved, and certified as herein before pre-
dence, when. scribed, may, together with the certificates of acknowledg-
ment or proof, be read in evidence without further proof.
Approved November 19, 1855.
LIMITATIONS.
1045
CHAP. 103.
CHAPTER CIII.
LIMITATIONS.
AN ACT PRESCRIBING THE TIMES OF COMMENCING ACTIONS. (a)
ARTICLE I.OF THE TIME OF COMMENCING ACTIONS RELATING TO REAL
II.
III.
PROPERTY.
OF THE TIME OF COMMENCING PERSONAL ACTIONS.
GENERAL PROVISIONS CONCERNING THE COMMENCEMENT OF
SUITS, AND THE PERSONS AND CASES EXEMPTED FROM
THE OPERATION OF THIS ACT, AND THE PRESUMPTION OF
PAYMENT ARISING FROM THE LAPSE OF TIME.
ARTICLE I.
OF THE TIME OF COMMENCING ACTIONS RELATING TO REAL
PROPERTY.
1. Actions for land, &c., not to | 4. When actions may be com-
be commenced, unless, &c.
2. No entry deemed valid as a
claim, unless, &c.
3. In what case rights of persons
to possession shall not be af-
fected.
menced by persons laboring
under certain disabilities.
5. What shall be considered pos-
session of a whole tract.
6. Proceedings when persons la-
boring under disabilities die.
Actions for
land, &c., not
to be com-
menced, un-
less, &c.
SECTION 1. No action for the recovery of any lands,
tenements or hereditaments, or for the recovery of the pos-
session thereof, shall be commenced, had, or maintained by
any person, whether citizen, denizen, alien, resident, or non-
resident of this State, unless it appear that the plaintiff, his
ancestor, predecessor, grantor, or other person under whom p. 94.
he claims, was seized or possessed of the premises in ques-
tion, within ten years before the commencement of such ac-
tion. (b)
SEC. 2. No entry upon any lands, tenements or heredita-
ments, shall be deemed sufficient or valid as a claim, unless
an action be commenced thereon within one year after the
making of such entry, and within ten years from the time
when the right to make such entry descended or accrued.
(a) This act has no enacting clause. As it has, in other respects, passed
through all the forms of law, the Commissioner has not felt it to be his duty
to pass upon its validity by refusing its publication.
(b) 12 Mo Rep., 184. The limitation act of 1847 operates prospectively
only. 14 Mo. Rep., 517. Adverse possession for twenty years confers upon
the possessor an absolute title against all persons not excepted by the sta-
tute. 13 Mo. Rep., 335; 16 Mo. Rep., 278; 19 Mo. Rep., 660; 20 Mo.
Rep., 186. Vide, 18 Mo. Rep., 220; 19 Mo. Rep., 65.
Acts 1847,
No entry
deemed valid,
when.
Acts 1847,
P. 91.
1016
LIMITATIONS.
persons to
CHAP. 103.
Rights of SEC. 3.-The right of any person to the possession of any
possession not lands, tenements or hereditaments, shall not be impaired or
to be affected. affected by descent cast in consequence of the death of any
person in possession of any such estate.
boring under
bilities.
When ac-
tions may be
SEC. 4.-If any person entitled to commence any action
commenced in this article specified, or to make any entry, be, at the time
by persons la-
such right or title shall first descend or accrue, either within
certain disa the age of twenty-one years, or insane, or imprisoned on any
criminal charge, or in execution upon some conviction of a
criminal offence for any time less than life, or a married wo-
man, the time during which such disablity shall continue
shall not be deemed any portion of the time in this article
limited for the commencement of such action, or the making
such entry, but such person may bring such action, or make
such entry, after the time so limited, and within three years
after such disability is removed: Provided, however, That no
such action shall be commenced, had, or maintained, or entry
made, by any person laboring under the disabilities specified
in this section, after twenty-four years after the cause of
such action or right of entry shall have accrued.
Acts 1847,
P. 94.
What shall
be considered
a whole tract.
SEC. 5.-The possession of a part of a tract or lot of
possession of land, in the name of the whole tract claimed, and exercising,
during the time of such possession, the usual acts of owner-
Acts 1817, ship over the whole tract so claimed, shall be deemed a pos-
session of the whole of such tract. (a)
p. 95.
when persons
Proceedings SEC. 6.-If any person entitled to commence such ac-
laboring un- tion, or to make such entry, die during the continuance of
der disabili- any disability specified in the preceding section, and no de-
ties die.
termination or judgment be had of the title, right or action,
to him accrued, his heirs, or any person claiming from, by or
under him, may commence such action, or make such entry,
after the time in this article limited for that purpose, and
within three years after his death, but not after that period.
ARTICLE II.
OF THE TIME OF COMMENCING PERSONAL ACTIONS.
3 1. Periods of limitation pre- 3. What within five years.
scribed.
2. What actions shall be com-
menced within ten years.
4. What within three years.
5. What within two years.
6. What in one year.
(a) Robert v. Walsh, 19 Mo. Rep., 452; Bollinger v. Chouteau, 20 Mo. Rep., 89.
LIMITATIONS.
1047
CHAP. 103.
27. In account current, when cause 11. On death of persons under dis-
of action accrued.
8. Actions for penalties to be
commenced, when.
9. Actions by the State subject to
limitations.
10. Saving to persons under disa-
bilities, the right to bring
actions, when.
abilities, if cause of action
survive, executors or admi-
nistrators to sue, when.
12. If defendant be out of this
State before, or depart after,
cause of action commences,
when the action may be com-
menced.
SECTION 1.- Civil actions can only be commenced within
Periods of
the periods prescribed in the sections which follow, after the limitation
causes of action shall have accrued. (a)
SEC. 2.- Within ten years: First, An action upon any
writing, whether sealed or unsealed, for the payment of money
or property; Second, Actions brought on any covenant of
warranty contained in any deed of conveyance of land, shall
be brought within ten years next after there shall have been
a final decision against the title of the covenanter in such
deed; and actions on any covenant of seizin, contained in
any such deed, shall be brought within ten years after the
cause of action shall accrue; Third, Actions for relief, not
herein otherwise provided for. (b)
(a) The first nine sections of this article were taken from acts 1849, p.
74-5. Perry v. Craig, 3 Mo. Rep., 360. It is a general and well settled
principle of law, that, in contracts, the time of limitation depends on the
law of the country in which the action is brought, and not on the law of
the country in which the contract is made. For although contracts are to
be construed according to the laws of the country in which they are made,
or according to the laws of that country in reference to which they are
made, yet, the remedy on them must be conformable to the laws of that
country in which the remedy is sought. King v. Lane, 7 Mo. Rep., 241.
The statute may be pleaded to a debt contracted in a fiduciary capacity.
Benton v. Lindell, 10 Mo. Rep., 557. It may be set up by a garnishee as a
defence. Ibid. To constitute a bar, the statute must be plead. Tramell
v. Adam, 2 Mo. Rep., 126; Benoist v. Darby, 12 Mo. Rep., 196. The sta-
tute runs against executors and administrators. (McNair v. Dodge, 7 Mo.
Rep., 404;) Milan v. Pemberton, 12 Mo. Rep., 598. When the statute be-
gins to run, no subsequent disability will stop it; (Landes v. Perkins, 12
Mo. Rep., 238;) absence from, or non-residence of a plaintiff in, this
State, does not. Smith v. Newby, 13 Mo. Rep., 159. The term "beyond
sea," in the statute of 1835, means "without the United States." (7 Mo.
Rep, 473; 8 Mo. Rep., 233, overruled.) Marvin v. Bates, 13 Mo. Rep.,
217; Taylor v. Blair, 14 Mo. Rep., 437; Fackler v. Fackler, 14 Mo. Rep.,
431; Keeton v. Keeton, 20 Mo. Rep., 530. The statute cannot be taken
advantage of by demurrer. 19 Mo. Rep., 63. Vide, 20 Mo. Rep., 89; 20
Mo. Rep., 155.
(b) Where a note is made payable "on demand," the statute of limita-
tions begins to run from the date of the note. Easton v. Long, 1 Mo. Rep.,
472. At the time the note was made, the limitation was five years; at the
time it became due, it was ten years. Held, The limitation of the latter
statute governed the action. Davis v. Hascall, 4 Mo. Rep., 58. Vide,
Johnson v. Buckner, 4 Mo. Rep., 624; Pennington v. Castleman, 6 Mo. Rep.,
257. A mortgage may be enforced so long as it is available, although the
debt secured by it is barred by the statute. 20 Mo. Rep., 482.
L VOL. II.
prescribed.
What actions
shall be com-
menced with-
in ten years.
1048
LIMITATIONS.
What within
five years.
What within
three years.
What within
two years.
What in one
year.
In account
CHAP. 103.
SEC. 3. Within five years: First, An action upon a con-
tract, obligation or liability, express or implied, except those
mentioned in the last section, and except upon judgments or
decrees of a court of record, and except where a different -
time is limited in this act; Second, An action upon a liability
created by a statute, other than a penalty or forfeiture;
Third, An action for trespass on real estate; Fourth, An
action for taking, detaining or injuring, any goods or chattels,
including actions for the recovery of specific personal pro-
perty, or for any other injury to the person or rights of
another, not arising on contract, and not herein otherwise.
enumerated; Fifth, An action for relief on the ground of
fraud, the cause of action in such case to be deemed not to
have accrued, until the discovery by the aggrieved party of
the facts constituting the fraud. (a)
SEC. 4. Within three years: First, An action against a
sheriff, coroner or other officer, upon a liability incurred by
the doing of an act in his official capacity, and in virtue of
his office, or by the omission of an official duty, including the
non-payment of money collected upon an execution, or other-
wise; but this section shall not apply to an action for an
escape; Second, An action upon a statute for a penalty or
forfeiture, where the action is given to the party aggrieved, or
to such party and the State. (b)
SEC. 5. Within two years: First, An action for libel,
slander, assault, battery, false imprisonment or criminal con-
versation; Second, An action upon a statute for a penalty
or forfeiture to the State. (c)
SEC. 6. Within one year: An action against a sheriff,
or other officer, for the escape of a prisoner, arrested or im-
prisoned on civil process.
SEC. 7.—In an action brought to recover a balance due
cause of action on a mutual, open and current account, where there have
current, when
accrued.
) Possession of personal property must be adverse, to be protected by
the statute. Smoot v. Wathen, 8 Mo. Rep., 522; McClain v. Winchester,
17 Mo. Rep., 49; Carter v. Feland, Ibid, 383. Vide, Wright v. Pratt, 17
Mo. Rep., 43; Davis v. Evans, 18 Mo. Rep., 249; Finney v. Brant, 19 Mo.
Rep., 42; Keeton v. Keeton, 20 Ibid, 530.
(b) The limitation to actions upon a constable's bond does not begin to
run until the expiration of his term of office, and is not affected by his re-
signation. State, to use of Crawl v. Ferguson, 9 Mo. Rep., 285.
(c) In an action for slander, the cause of action accrues from the time
the slanderous words are spoken, and not from the time they came to the
knowledge of the plaintiff. Barnard v. Boulware, 5 Mo. Rep., 454.
LIMITATIONS.
1049
CHAP. 103.
been reciprocal demands between the parties, the cause of
action shall be deemed to have accrued from the time of the
last item in the account on the adverse side. (a)
SEC. 8.-An action upon a statute for a penalty or for-
feiture given, in whole or in part, to any person who will
prosecute for the same, must be commenced within one year
after the commission of the offence; and if the action be not
commenced within the year, by a private party, it may be
commenced within two years thereafter, in behalf of the
State, by the Attorney-General, or the circuit attorney of
the proper circuit.
SEC. 9. The limitations prescribed in this act shall
apply to actions brought in the name of this State, or for
its benefit, in the same manner as to actions by private
parties. (b)
Actions for
penalties to be
commenced,
when.
Actions by
the State sub-
ject to limi-
tations.
Saving to
persons under
the right to
bring actions
after disabili-
SEC. 10.—If any person entitled to bring an action in
this article specified, at the time the cause of action accrued, disabilities,
be either within the age of twenty-one years, or insane, or
imprisoned on a criminal charge, or in execution under a sen-
tence of a criminal court, for a less term than for his natural
life, or a married woman, such persons shall be at liberty to
bring such actions within the respective times, in this article
limited, after such disability is removed. (c)
SEC. 11.-If any person entitled to bring any action in
this article specified, die before the expiration of the time
herein limited for the commencement of such suit, if such
cause of action shall survive to his representatives, his exe-
cutor or administrator may, after the expiration of such time,
and within one year after such death, commence such action,
but not after that period. (d)
SEC. 12.- If at any time when any cause of action spe-
cified in this article accrues against any person who is a resi-
(a) Penn v. Watson, 20 Mo. Rep., 13.
(b) Parks v. State, 7 Mo. Rep., 194; State, to use, &c., v. Pratte & St.
Genome, 8 Mo. Rep., 286; State v. Fleming, 19 Mo. Rep., 607.
(c) Cumulative disabilities are not allowed. Williams v. Dongan, 20 Mo.
Rep., 186; Keeton v. Keeton, Ibid, 530. So, where a cause of action ac-
crues in favor of an infant female, the statute begins to run from the time
she becomes of age, although she previously marries. But where two dis-
abilities exist when the cause of action accrues, the statute does not begin
to run until they are both removed. If a party rely upon a disability as
exempting him from the operation of the statute, he should plead it. Ïbid.
(d) The statute runs against executors and administrators. (McNair v.
Dodge, 7 Mo. Rep., 404.) Milan v. Pemberton, 12 Mo. Rep., 598. Vide,
Smith v. Newby, 13 Mo. Rep., 159.
ties removed.
On death of
persons under
disabilities,
cause of ac-
tion
vive.
to sur-
If defend-
ant be out of
this State be-
fore, or depart
after, cause of
action
com-
mences, when
the action
may be com-
menced.
1050
LIMITATIONS.
Time not to
CHAP. 103.
dent of this State, he is out of this State, such action may be
commenced within the times herein respectively limited, after
the return of such person into the State; and if, after such
cause of action shall have accrued, such person depart from
and reside out of this State, the time of his absence shall not
be deemed or taken as any part of the time limited for the
commencement of such action. (a)
GENERAL PROVISIONS
ARTICLE III.
CONCERNING THE COMMENCEMENT OF
SUITS, AND THE PERSONS AND CASES EXEMPTED FROM
THE OPERATION OF THIS ACT, AND THE PRESUMPTION
OF PAYMENT ARISING FROM THE LAPSE OF TIME.
the defendant, limitation shall
not extend.
9. Two or more disabilities, all
must be removed before limit-
ation shall attach.
1. Alien subject or citizen of a 8. Cases in which, by the act of
country at war with the Uni-
ted States, time not to be
computed during such war.
2. Preceding section not to apply
to actions for penalties or
forfeitures given by law.
3. Further saving in cases of non-
suit, judgment arrested or
reversed; actions in such
cases may survive, against
whom.
4. If defendant die after suit com-
menced, and before judgment,
if action survive, when and
against whom new suit may
be brought.
5. Suit abated by death of plain-
tiff, in what cases, within
what time, and by whom new
suit may be brought.
6. Suit stayed by injunction, time
during which it is in force not
to be computed.
7. Disability under this act not
to avail, unless it existed at
the time the right accrued.
10. This act shall not extend to ac-
tions limited by other sta-
tutes.
11. This act not to apply to de-
mands against corporations.
12. Actions barred by this act shall
require a written promise to
revive them.
13. One joint debtor, or co-executor
or co-administrator, cannot
revive a demand barred,
against the other debtor.
14. Nothing in the two preceding
sections to lessen the effect of
payment of principal, &c.
15. This act not to apply to actions
commenced, nor to right of
action accrued.
16. Judgments presumed to be paid,
when; such presumption re-
pelled, how.
SECTION 1.—Whenever any person shall be disabled to
be computed prosecute in the courts of this State, by reason of his being
an alien subject or citizen of any country at war with the
under this act
during a war.
(a) Where the plaintiff and defendant were non-residents of this State,
at the time of contracting a debt, and the defendant afterwards removes to
this State, the statute does not begin to run in his favor until he comes into
this State. King v. Lane, 7 Mo. Rep., 241; Tagart v. State of Indiana, 15
Mo. Rep., 209. The operation of the last clause of this section is not sus-
pended during the absence of a person who goes to California with the
intention of returning, leaving his family and property in Missouri, al-
though he may remain there engaged in business for several months.
Garth v. Robards, 20 Mo. Rep., 523.
LIMITATIONS.
1051
CHAP. 103.
United States, the time of the continuance of such war shall
not be deemed any part of the respective periods limited in
the preceding articles of this act for the making of an entry,
or the commencement of any action.
SEC. 2.—The preceding section shall not apply to actions
for any penalty or forfeiture given by any statute of this
State.
SEC. 3.-If any action shall have been commenced within
the times respectively prescribed in the preceding articles,
and the plaintiff therein suffer a nonsuit, or, after a verdict
for him, the judgment be arrested, or, after a judgment for
him, the same be reversed on appeal or error, such plaintiff
may commence a new action from time to time, within one
year after such nonsuit suffered, or such judgment arrested
or reversed; and if the cause of action survive or descend to
his heirs, or survive to his executors or administrators, they
may, in like manner, commence a new action within the time
herein allowed to such plaintiff; or if no executor or admi-
nistrator be qualified, then within one year after letters tes-
tamentary or of administration shall have been granted to
him.
SEC. 4.--If any action shall have been commenced within
the time prescribed in the preceding articles of this act, and
the defendant in such suit die before judgment, and if the
right of action be such as survives against the representatives
of the defendant, the plaintiff may commence a new action
against the heirs, devisecs, assigns, executors or administra-
tors of such defendant, as the case may require, within one
year
after such death; or if no executors or administrators
be appointed within that time, then within one year after
letters testamentary or of administration shall have been
granted to them.
SEC. 5. When an action, commenced within the time.
prescribed by law, shall abate by reason of the death of the
plaintiff, if the right of action survive to his representatives,
his executor or administrator may, within one year after such
death, commence a new action, if the cause of such action
would otherwise survive; and if any action so commenced by
an executor or administrator abate by the death of the plain-
tiff, a new action may be commenced by the administrator of
the same estate, at any time within one year after such abate-
}
Not to apply
to actions for
penalties or
forfeitures.
Further sav-
ing in cases of
nonsuit, &c.:
actions in such
cases may sur-
whom.
vive, against
If defendant
die, when and
against whom
new suit may
be brought.
Suit abated
by death of
plaintiff, in
what cases,
when and by
suit may be
brought.
whom, new
1052
LIMITATIONS.
time not to be
CHAP. 103.
ment; or if no executor or administrator be appointed within
that time, then within one year, after letters testamentary or
of administration shall have been granted to him.
Suit stayed
SEC. 6.-Whenever the commencement of any suit shall
by injunction, be stayed by an injunction of any court or officers authorized
to grant the same, the time during which such injunction
shall be in force shall not be deemed any portion of the time.
in this act limited for the commencement of such suit.
computed.
Disability
not to avail,
unless it ex-
isted, when.
Cases in
which, by the
act of the de-
SEC. 7.-No person shall avail himself of any disability
enumerated in this act, unless such disability existed at the
time his right of action or of entry accrued.
SEC. 8.-If any person, by absconding or concealing
himself, or by any other improper act of his own, prevent the
fendant, limit- commencement of any action in this act specified, such action
may be commenced within the time herein limited, after the
commencement of such action shall have ceased to be so
prevented. (a)
ation shall
not extend.
Two or more
disabilities,
SEC. 9.When there are two or more disabilities existing
all must be re- at the time the right of action or entry accrued, the limit-
moved before ation herein prescribed shall not attach until all such disabili-
ties be removed.
limitation
shall attach.
This act
shall not ex-
SEC. 10. The provisions of this act shall not extend to
tend to actions any action which is, or shall be, otherwise limited by any
limited by statute; but such action shall be brought within the time
limited by such statute.
other statutes.
This act not
SEC. 11. None of the provisions of this act shall apply
to apply to de- to suits brought to enforce payment of bills, notes, or other
mands against
corporations. evidences of debt, issued by moneyed corporations.
Actions
require a writ-
ten promise to
SEC. 12. In actions founded on any contract, no acknow-
barred shall ledgment or promise hereafter made shall be evidence of a
new or continuing contract, whereby to take any case out of
the operation of the provisions of this act, or deprive any
party of the benefit thereof, unless such acknowledgment or
revive them.
(a) The proviso of the Statute does not operate unless there was such a
removal or obstruction as did, in fact, defeat the party. Bobb v. Shipley, 1
Mo. Rep., 164. Vide, Hancock v. Heugh, Ibid, 484. If an individual
secretly takes the money of another, and converts it to his own use, the
statute does not commence running until the owner obtains knowledge of
the taking and conversion. Arnold v. Scott, 2 Mo. Rep., 14. A simple re-
moval from a State where a contract was made, to another State, will not
of itself prevent the running of the statute; (Cartmill v. Hopkins, 2 Mo.
Rep., 179;) any. concealment which prevents the plaintiff from bringing his
suit is sufficient; it need not be with a fraudulent intent. Harper v Pope,
9 Mo. Rep., 398.
LIMITATIONS.
1053
CHAP. 103.
promise be made and [or] contained by, or in some, writing,
subscribed by the party chargeable thereby.
SEC. 13.- If there be two or more joint contractors, or
joint executors or administrators of any contractor, no such
joint contractor, executor or administrator, shall lose the
benefit of the provisions of this act, so as to be chargeable
by reason only of any acknowledgment or promise, made or
subscribed by any other or others of them. (a).
One joint
debtor cannot
mand against
debtor.
revive a de-
the other
The effect of
payment of
SEC. 14. Nothing contained in the two preceding sec-
tions shall alter, take away or lessen, the effect of a payment principal, &c.,
of any principal or interest made by any person. (b),
SEC. 15. The provisions of this act shall not apply to
any actions commenced, nor to any cases where the right of
action or of entry shall have accrued before the time when
this act takes effect, but the same shall remain subject to the
laws then in force.
SEC. 16.-Every judgment, order and decree of any
court of record of the United States, or of this or any
other State or Territory, shall be presumed to be paid and
satisfied after the expiration of twenty years from the day of
the rendition of such judgment, or order, or decree; but in any
suit in which the party against whom such judgment, order
or decree, was rendered, or his heirs or personal representa-
tives, shall be a party, such presumption may be repelled by
proof of payment, or of written acknowledgment of indebt-
edness, made within twenty years, of some part of the
amount recovered by such judgment, order or decree: in all
other cases it shall be conclusive.
Approved November 23, 1855.
J
(a) McLean v. Thorp, 3 Mo. Rep., 155. To take a case out of the
statute, an express acknowledgment of the debt, as a debt due at that time,
or an express promise to pay it, must be proven to have been made (in
writing, under the present law,) within the time prescribed by the statute.
Buckner v. Johnson, 4 Mo. Rep., 100; Elliott v. Leake, 5 Mo. Rep., 208;
Davis v. Herring, 6 Mo. Rep., 21.
(b) Payments of interest by one of several joint obligors in a bond, be-
fore the statute attaches, takes it out of the statute as to the others.
Craig v. Callaway County Court, 12 Mo. Rep., 94.
not to lessen,
&c.
This act not
to apply to ac-
menced,
to right of ac-
tions com-
nor
tion accrued.
Judgments
presumed to
be paid, when;
such presump-
tion repelled,
how.
1054
LOST MONEY AND GOODS.
CHAP. 104.
Duty of
persons find-
ing lost mo-
ney, goods,
&c.
Justice to
CHAPTER CIV.
LOST MONEY AND GOODS.
AN ACT RESPECTING LOST MONEY AND GOODS.
3 1. Duty of persons finding lost 2
money, goods, &c.
2. Justice to appoint appraisers.
3. Duty of appraisers.
4. Justice to file list made by ap-
praisers.
5. Finder to advertise, how and
when.
6. Proceedings, if no owner ap-
pear within forty days.
7.
If owner appear within a year,
finder to restore property.
8. Owner may recover by action,
when.
9. Finder failing to make dis-
covery, penalty.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.—If any person find any money, goods, right
in action, or other personal property, or valuable thing what-
ever, of the value of ten dollars or more, the owner of which
is unknown, he shall, within ten days, make an affidavit be-
fore some justice of the county, stating when and where he
found the same, that the owner is unknown to him, and
that he has not secreted, withheld or disposed of, any part of
the same.
SEC. 2.-Such justice shall then, if necessary, summon
appoint ap- three disinterested householders to appraise the same.
praisers.
Duty of ap-
praisers.
Justice to
file list of ap-
praisers.
Finder to
advertise, how
and when.
if no owner
SEC. 3. Such appraisers, or two of them, shall make
two lists of the valuation and description of such property,
money, or other valuable thing, and sign and make oath to
the same, and shall deliver one of the lists to the finder, and
the other to the justice of the peace.
SEC. 4. The justice shall file such list, and the finder
shall transmit a copy of the same to the clerk of the county
court within fifteen days.
SEC. 5. The finder shall set up at the court-house door,
and four other public places in the township or city, a
copy of such valuation within ten days.
Proceedings SEC. 6. If no owner appear and prove the money or
appear within property within forty days, and the value exceed twenty
dollars, the finder shall, within thirty days thereafter, cause a
copy of the description to be inserted in some newspaper in
this State, for three weeks; and if no owner prove the pro-
forty days.
MANDAMUS.
1055
CHAP. 105.
perty within one year after such publication, the same shall
vest in the finder.
Sec. 7. — If within one year any owner appear and prove
Finder to
restore pro-
SEC.
the property, and pay all reasonable charges, the finder shall perty, when.
restore the same to him.
Owner may
recover by ao-
SEC. 8.-If the finder fail to restore such money or
property, or the appraised value thereof, the owner may tion, when.
recover the same, by action, in any court having jurisdiction.
Finder fail-
SEC. 9.-If any person find any money, property or
ing to make
other valuable thing, and fail to make discovery of the same discovery,
as required by this act, he shall forfeit to the owner double penalty.
the value thereof.
Approved November 17, 1855.
CHAPTER CV.
MANDAMUS.
AN ACT TO REGULATE PROCEEDINGS UPON WRITS OF MANDAMUS.
1. Return to be made to first, 2
writ.
2. Person suing or prosecuting
the writ may plead to or
traverse the return.
3. Person making return may re-
ply, take issue or demur.
4. Proceedings shall be had there-
on, as in an action on the
case for false return.
5.
Issue to be tried in the court
that issued the writ.
6.
Damages may be recovered, in
what manner.
7. Peremptory writ to issue.
8. Costs, how adjudged.
9. Recovery, a bar to further suit
for making return.
10. Time allowed for making re-
turn and pleadings.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.- Where any writ of mandamus shall be
issued out of any court in this State, directed and delivered
to any person who, by law, is required to make return of
such writ, such person shall make his return to the first writ
of mandamus. (a)
(a) See section three, article five, of the Constitution of the State.
Vernon v. Boggs, 1 Mo. Rep., 116; Astor v. Chambers, 1 Mo. Rep., 191;
Byrne v. Harbison, 1 Mo. Rep., 225; County of Boone v. Todd, 3 Mo. Rep.,
140; Dixon v. Judge of the Second Judicial Circuit, 4 Mo. Rep., 286; Dun-
can v. Travis, 4 Mo. Rep., 369; St. Louis County Court v. Kuland, 5 Mo.
Rep., 268; Mullanphy v. St. Louis County Court, 6 Mo. Rep., 563; Harper
v. Baker, 9 Mo. Rep., 115; St. Louis County Court v. Sparks, 10 Mo. Rep.,
117; Callaway County Court v Inhabitants of Round Prairie Township, 10
L 2-VOL. II.
Return to
be made to
first writ.
1056
MANDAMUS.
Person su-
ing the writ
may plead to
or traverse the
return.
Person mak-
ing return
may reply,
take issue or
demur.
Proceedings
shall be had
thereon, as in
an action on
the case for
false return.
Issue to be
tried in the
CHAP. 105.
SEC. 2. When any writ of mandamus shall be issued,
and return shall be made thereto, the person suing or prose-
cuting such writ shall plead to or traverse all or any of the
material facts contained in such return.
SEC. 3. The person making such return shall reply, take
issue or demur, to the pleading of the party suing or prose-
cuting such writ.
SEC. 4. Such further proceedings shall be had therein
for the determination thereof, and in such manner as might
have been had if the person suing such writ had brought his
civil action for false return.
SEC. 5.-If any issue shall be joined upon such proceed-
court that is-ings, the person suing such writ shall try the same in the
sued the writ. court from which such writ of mandamus issued.
Damages
may be recov-
ered,
Peremptory
writ to issue.
Costs, how
adjudged.
Recovery, a
suit for mak-
SEC. 6. In case a verdict shall be found for the person
suing such writ, or judgment given for him on demurrer, or by
nil dicit, or for want of a replication or other pleading, he
shall recover his damages and costs in such manner as he
might have done in a civil action for a false return, and the
same may be levied by execution as in other cases.
SEC. 7.-A peremptory writ of mandamus shall be
granted without delay for him for whom judgment shall be
given, as might have been if such return had been adjudged
insufficient.
SEC. 8.—In case judgment shall be given for the person
making the return to the writ, he shall recover his costs of
suit, to be levied by execution as in other cases.
SEC. 9. If any damages shall be recovered, by virtue of
bar to further this act, against any person making return to such writ, he
shall not be liable to be sued in any other action or suit for
making such return.
ing return.
Time allow-
SEC. 10. The court issuing any writ of mandamus may
ed for making allow to the person to whom such writ shall be directed, or
other person who shall sue or prosecute the same, such con-
return and
pleadings.
Mo. Rep., 679; Platte County Court v. McFarland, 12 Mo. Rep., 166;
Boyce v. Smith, 16 Mo. Rep., 317; Barada v. Carondelet, Ibid, 323. A
mandamus is served by delivering the writ to the person to whom it is di-
rected; and he makes his return to it. Ladue v. Spalding, 17 Mo. Rep.,
159. Vide, Garnett v. Stacy, Ibid., 601; ex parte Skaggs, 19 Mo. Rep.,
339; Smith v. St. François County Court, Ibid, 433.
MARKS AND BRANDS.
1057
CHAP. 106.
venient time, respectively, to make return, plead, answer,
reply or demur, as to the court shall seem just and reasonable.
Approved November 20, 1855.
CHAPTER CVI.
MARKS AND RRANDS.
AN ACT TO REGULATE MARKS AND BRANDS.
8 1. Owners of stock to have a mark 2 8. Penalty for mismarking or
or brand.
2. Description to be delivered to
clerk, and by him recorded.
3. At what age to brand or mark.
4. Disputes concerning marks or
brands, how decided.
5. But one mark or brand to be
used in the same family.
6. Penalty for using mark or
brand not recorded.
7. Penalty for altering or defacing
mark or brand.
9.
misbranding.
Duty of persons killing hogs
or cattle running at large.
10. Penalty for concealing of-
fences in the two preceding
sections, &c. This section,
how construed.
11. Minors may have marks and
brands in certain cases.
12. Penalties, how recovered and
appropriated.
13. What not a lawful mark.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.-Every person who hath cattle, hogs or sheep,
Owners of
shall have a mark or brand different from the mark and stock to have
brand of his neighbor.
SEC. 2.-Every person shall deliver to the clerk of the
county court a description of his mark or brand, who shall
record the same in a book to be kept for that purpose.
SEC. 3.-Every person shall mark all his hogs and sheep
over six months old, and mark or brand his cattle over twelve
months old.
a mark
brand.
or
Description
to be deliver-
ed to clerk,
and by him
recorded.
At what age
to brand or
mark.
Disputes
SEC. 4.If any dispute shall arise about the question of
whose any particular mark or brand may be, it shall be concerning
decided by the record of the clerk.
SEC. 5.-No person shall use more than one mark or
brand for his stock; and no minor, living with his parent or
guardian, shall use any mark or brand other than that of his
parent or guardian, nor shall any apprentice or servant use
any mark or brand other than that of his master.
marks or
brands, how
decided.
No more
than one mark
or brand to be
used in the
same family.
1058
MARKS AND BRANDS.
Penalty for
using mark or
brand not re-
corded.
Penalty for
facing mark
or brand.
CHAP. 106.
SEC. 6.--If any person use any mark or brand other than
the one recorded, or use more than one mark or brand, or
suffer his child, ward, apprentice or servant, to use a separate
mark or brand, for any stock, he shall forfeit the stock so
branded or marked and the value thereof.
SEC. 7. If any person alter or deface the mark or
altering or de- brand of any other person, for every head of stock whose
mark or brand he shall alter or deface, he shall forfeit not
exceeding one hundred dollars: such prosecutions shall be
instituted within six months after the discovery of the
offence, by the owner of the stock whose mark or brand
shall be altered or defaced.
Penalty for
or misbrand-
SEC. 8.If any person willfully, and with intent to de-
mismarking fraud, mismark or misbrand any stock not his own, he shall
forfeit five dollars over and above the value thereof, to be
recovered as directed in the last preceding section.
ing.
Duty of per-
sons killing
hogs or cattle
running at
large.
Penalty for
fences in the
SEC. 9.-If any person kill any hog or sheep, or any
head of neat cattle, running at large, he shall, within three
days, show the head and ears of such hog, and the hide with
the ears of such sheep or cattle, to some justice of the peace,
or two respectable householders of the township, under the
penalty of ten dollars.
SEC. 10. If any person see another in the commission.
concealing of of any of the offences mentioned in the two preceding sec-
two preceding tions, and shall not give information thereof within ten days
sections, &c.
thereafter to some justice of the peace, he shall forfeit ten
dollars; but this section shall not be so construed as to sub-
ject the person giving information thereof to any costs, in the
event of the acquittal or discharge of the person charged, if
the court or justice shall be of opinion that there was proba-
ble cause for giving such information.
Minors may
have marks
and brands in
SEC. 11. Nothing in the fifth or sixth sections of this
act shall extend to any stock which shall descend to any
certain cases. minor, servant or apprentice, by the gift or devise of any
person other than his guardian or master, but the brands and
marks of such minor, apprentice or servant, shall be recorded
as other marks and brands.
Penalties,
how recover-
SEC. 12.- All penalties imposed by this act may be re-
ed and appro- covered, for the use of the county in which the offence is
priated. committed, by indictment, or by civil action, in any court
having jurisdiction.
MARRIAGE CONTRACTS.
1059
CHAP. 107.
SEC. 13. — That it shall not be lawful for any person to
have or adopt as a mark of cattle, hogs or sheep, any mark
by which the ear or ears is entirely taken off, or so mutilated
as to destroy the same or any mark thereon.
Approved November 20, 1855.
What not a
lawful mark.
CHAPTER
CVII.
MARRIAGE CONTRACTS.
AN ACT CONCERNING MARRIAGE CONTRACTS.
? 1. Females over eighteen and un- 5. When deposited for record, shall
der twenty-one years of age,
may make marriage contracts
with consent of the father.
2. Contracts to be in writing,
sealed and acknowledged, or
proven.
3. How acknowledged or proved,
and certified.
4. To be recorded, where.
impart notice to all persons,
of the contents thereof.
6. No marriage contract shall be
valid, or affect third persons,
until delivered for record.
7. If duly authenticated, shall be
received in evidence.
8. If lost, a certified copy shall
be evidence.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1. Any female over the age of eighteen years,
and under the age of twenty-one years, shall have full power
to make any marriage contract concerning any real or per-
sonal property, or any other matter, with the consent of her
father, if living; but if dead, then with the consent of her
mother, if living; but if dead, then with the consent of her
guardian; and such marriage contract, so made, shall be as
valid and as binding on such female and her heirs, and on all
persons claiming under her, as if she had been over the age
of twenty-one years at the time of executing the same. (a)
(a) Green v. Spencer, 3 Mo. Rep., 225. On the death of the wife, the
legal estate continues in the trustee, for the use of the personal representa-
tives of the wife, who are to be determined by the statute of descents.
Pratt v. Wright, 5 Mo. Rep., 192. Vide, McNair v. Dodge, 7 Mo. Rep.,
404; Childress & Mullanphy v. Cutter, 16 Mo. Rep., 24. By the marriage
contract, the slaves were conveyed to a trustee for the sole use of the wife,
with power to dispose of the same, by will, at her decease. Held, This is a
conveyance of an absolute estate to the wife's trustee, and not merely an
estate during her life. At her death, the slaves do not go to her husband,
but to her next of kin, under the statute of descents. 17 Mo. Rep., 43;
Females over
eighteen, and
under twenty-
one, years of
age, may make
marriage con-
tracts with
father.
consent of the
Acts 1849,
p. 67.
1060
MARRIAGE CONTRACTS.
CHAP. 107.
To be in writ-
ing, sealed and
SEC. 2. — All marriage contracts whereby any estate, real
acknowledg- or personal, in this State, is intended to be secured or con-
ed, or proved. veyed to any person or persons, or whereby such estate may
be affected in law or equity, shall be in writing, sealed and
acknowledged by each of the contracting parties, or proved
by one or more subscribing witnesses.
How acknow-
ledged or
proved, and
certified.
To be re-
corded, where.
When depo-
sited for re-
SEC. 3. Such marriage contracts shall be acknowledged
or proved before a court of record, or some judge, justice or
clerk of a court of record, of the State in which the contract
is executed; which acknowledgment or proof shall be taken
and certified in the same manner as deeds of conveyance for
land are or shall be required, by law, to be acknowledged or
proved and certified.
SEC. 4. When any such marriage contract shall be ac-
knowledged or proved, it shall be recorded, with the certifi-
cate of proof or acknowledgment, in the office of the recorder
of every county in which any estate in the county thereby
intended to be conveyed or affected shall be situated, or may
be found.
SEC. 5.— When any such marriage contract is deposited
cord, shall im- in the recorder's office for record, it shall, as to all property
affected thereby, in the county where the same is deposited,
impart full notice to all persons of the contents thereof.
part notice.
Shall not af-
fect third per-
son until de-
livered for re-
cord.
If duly au-
SEC. 6. No such marriage contract shall be valid, or
affect any property, except between the parties thereto, and
such as have actual notice thereof, until it shall be deposited
for record with the recorder of the county wherein such pro-
perty is situated or may be found. (a)
SEC. 7.-Such marriage contracts, duly proved or acknow-
thenticated, to ledged, certified and recorded, shall be received in evidence
in any court of this State, without further proof of their
execution.
be received in
evidence.
If lost, a cer-
SEC. 8. When it shall appear to the court that such mar-
shall be evi- riage contract, duly acknowledged or proved, and recorded,
tified copy
dence.
Logan v. Logan. 19 Mo. Rep., 465. A liberal construction will be indulged
in support of ante-nuptial settlements made as a substitute for dower. Lo-
gan v. Phillips, 18 Mo. Rep., 22. Vide, Wilkinson v. The American Iron
Mountain Company, 20 Mo. Rep., 122.
(a) A marriage contract is binding between the parties thereto, although
not acknowledged or proved, or recorded. Logan v. Phillips, 18 Mo. Rep.,
22; Wilkinson v. Rozier, 19 Mo. Rep., 443.
MARRIAGES.
1061
CHAP. 108.
is lost, or is not in the power of the party wishing to use it,
a copy thereof, duly certified under the hand and seal of the
recorder, may be received in evidence.
Approved November 17, 1855.
CHAPTER CVIII.
MARRIAGES.
AN ACT REGULATING MARRIAGES.
1. Marriage, a civil contract.
2. Marriages declared to be inces-
tuous and void, when.
3. Marriage of white person with
negro or mulatto, void.
4. Penalty on persons contracting
marriage contrary to preced-
ing section.
5. Marriage without the State, if
valid when contracted, shall
be valid in the State, when;
proviso.
3 8. Certificate of consent to be
registered and filed in re-
corder's office, &c.
9. Records of marriages to be kept,
and certificates filed; penalty
for neglect.
10. Recorder to register certificates;
his fees; penalty for neglect.
Religious societies may solem-
nize marriages, how.
11.
12.
Record of marriage and certified
copies, evidence.
6. Who may perform the ceremony
of marriage.
13.
7. Minors not to be married with-
14.
out consent of parent or
guardian.
Penalty for making false return
or false entry of marriage, &c.
Additional penalty imposed for
violation of the seventh sec-
tion.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.-Marriage is considered in law as a civil con-
tract, to which the consent of the parties capable in law of
contracting is essential. (a)
SEC. 2. All marriages between parents and children, in-
cluding grand-parents and grand-children of every degree,
between brothers and sisters of the half, as well as of the
whole blood, and between uncles and nieces, aunts and
nephews, are declared to be incestuous and absolutely void.
This section shall extend to illegitimate as well as legitimate
children and relations. (b)
(a) Marriage cannot be dissolved by the Legislature. Bryson v. Camp-
bell, 12 Mo. Rep., 498; Bryson v. Bryson, 17 Mo. Rep., 590.
(6) In line one of this section, the word "parties" occurs in the rolls
for "parents." Corrected by original bill.
Marriage, a
civil contract.
Marriages
declared to be
incestuous
and void, when
1062
MARRIAGES.
CHAP. 108.
Marriage of
white person
with negro or
mulatto, void.
Penalty on
SEC. 3.- All marriages of white persons with negroes or
mulattoes are declared to be illegal and void.
SEC. 4.-Whoever shall contract marriage in fact, con-
persons con- trary to the prohibitions in the section next preceding, shall
be deemed guilty of a misdemeanor.
tracting such
marriage.
Marriage
without the
State, if valid
when con-
tracted, shall
be valid in the
State, when;
proviso.
Who may
perform the
SEC. 5. All marriages contracted without this State,
which would be valid by the laws of the country in which the
same were contracted, shall be valid in all courts and places
within this State; but no marriage between any white per-
son and a negro or mulatto, or when any man and woman
had, at the time of contracting such marriage, another wife
or husband living, shall be deemed valid in this State.
SEC. 6.- Every judge, justice of a county court and jus-
ceremony of tice of the peace, and every licensed or ordained preacher of
the Gospel, may perform the ceremony of marriage in this
State.
marriage.
Minors not
to be married
without con-
sent of parent
or guardian.
Certificate of
consent to be
registered and
filed in record-
SEC. 7. No judge, justice, justice of the peace, preacher
of the Gospel, or other person, shall join in marriage any
male under the age of twenty-one years, or female under the
age of eighteen years, unless the parent or guardian, or other
person under whose care or government such minor may be,
shall be present and give consent thereto; or unless the minor
applying shall produce a certificate in writing, under the
hand of the parent or parents, or guardian, or if such minor
has no parent or guardian, then under the hand of the per-
son under whose care and government he or she may be;
which certificate shall be proved to be genuine by the oath or
affirmation of a person of full age and discretion, who was
present at the signing of the same, and affixed his or her
name thereto. (a)
SEC. 8. Any person who shall marry any minor, by vir-
tue of a certificate, proved as above, shall register the same
in a book to be by him kept for that purpose, and, within
ur's office, &c. three months, shall transmit the certificate to the recorder of
the county in which the marriage was solemnized, to be filed
and recorded in his office; and if any such person shall join
(a) This section limits the power to consent to one person, and does not
give the power to cach of the persons mentioned, but only to the one who
has, at the time, the care or government of the minor. Vaughn v. McQueen,
9 Mo. Rep., 327. Where there is a guardian of the person of the minor,
the parent cannot consent, so as to justify the person joining the minor in
marriage. Ibid.
MARRIAGES.
1063
•
СНАР. 108.
in marriage any minor, without first having such certificate,
or the presence and consent of the parent or guardian, or
other person having the care and government of such minor,
such person shall forfeit three hundred dollars, to be reco-
vered, with costs of suit, by civil action, in any court having
cognizance thereof, by the parent, guardian, or person having
charge of such minor; the one-half of the said forfeiture to
the use of the county, and the other half to the use of the
person who shall prosecute for the same.
SEC. 9. Every person having authority to join others in
marriage shall keep a record of all marriages solemnized be-
fore him, and, within three months, transmit a certificate of
every marriage (containing both christian names and sur-
names,) to the recorder of the county in which the marriage
took place; and if any person shall neglect or refuse to
make return of all the marriages solemnized before him,
within the time above required, he shall for every offence
forfeit the sum of fifty dollars, to be recovered, with costs,
by the recorder, or any person who will prosecute for the
same, by civil action, in any court having cognizance thereof.
SEC. 10. The recorder of each county in this State shall
record all such returns of marriages, in a book to be kept for
that purpose, within one month after receiving the same, for
which he shall be allowed, for every entry, fifty cents, to be
paid by the person married to the person who shall perform
the ceremony, and by him transmitted to the recorder; and
if such recorder shall refuse or neglect to record, within the
said time, any such return to him made, he shall forfeit one
hundred dollars, to be recovered, with costs, by any person
who will prosecute for the same, by civil action, in any court
having cognizance thereof.
Records of
marriages to
be kept, and
certificates
filed; penalty
for neglect.
Recorder to
register certi-
ficates; his
fees; penalty
for neglect.
Religious
societies may
solemnize
how.
SEC. 11.-It shall be lawful for every religious society to
join together in marriage such persons as are of the said so-
ciety, according to the rites and customs of the society to marriages,
which they belong. The clerk or keeper of the minutes, pro-
ceedings, or other book of the religious society wherein such
marriages shall be had, or if there be no such clerk or keeper
of the minutes, then the moderator or person presiding in
such society, shall make out and transmit to the recorder of
the county a certificate of the marriage, and the same shall
M VOL. II.
1064
MECHANICS' LIENS.
CHAP. 109.
making false
be recorded in like manner as is provided in the ninth and
tenth sections of this law.
Record of
SEC. 12. — The books of marriages to be kept by the re-
marriage, and
certified co-spective recorders, and copies thereof, certified by the re-
pies, evidence. corder under his official seal, shall be evidence in all courts.
Penalty for SEC. 13.-If any person authorized to solemnize any
return or false marriage shall willfully make a false return of any marriage,
entry of mar- or pretended marriage, to the recorder, or if the recorder
shall willfully make a false record of any return of a mar-
riage to him made, such person so offending shall be deemed
guilty of a misdemeanor.
riage, &c.
Additional
penalty im-
posed for vio-
lation of the
seventh sec-
tion.
SEC. 14.-Every person who shall solemnize any mar-
riage, contrary to the provisions of the seventh section of
this act, shall, in addition to the penalties imposed by this
act for a violation thereof, be subject to indictment in the
proper county, and, on conviction, shall be imprisoned in the
county jail, not exceeding six months, nor less than one
month.
Approved November 23, 1855.
CHAPTER CIX.
MECHANICS' LIENS.
AN ACT SECURING LIENS TO MECHANICS AND OTHERS.
31. Lien of artisans, builders, me- |
chanics, &c., for materials
and labor.
2. Proceedings of sub-contractor
to procure a lien.
3. What proceedings shall be had
if contractor fail or refuse
to make settlement with sub-
contractor.
4. Effect of certificate of settle-
ment, and liability to sub-
contractor.
5. Notices served, how.
6. Within ninety days after con-
tract completed, an account,
verified by affidavit, shall be
filed with the clerk of circuit
court.
7.
Duty of clerk relative to liens
filed in his office.
8.
Mechanics' liens to have pri-
ority in the order in which
they are filed, and to have
preference over all other
liens, when and upon what.
9. What amount of property and
estate shall be subject to
these liens.
10. Liens of mechanics shall at-
tach to certain improvements,
to the exclusion of prior in-
cumbrances upon the lands,
&c.
11. Liens for any amount may be
enforced in the circuit court.
12. How liens shall be enforced.
MECHANICS' LIENS.
1065
CHAP. 109.
13. Who shall, and who may, be 8 21. What persons are embraced
parties; those not parties,
not bound by proceedings.
14. If a party die, who shall be
substituted; power of courts
to appoint guardians ad litem;
effect of a judgment against
minors.
15. Judgment shall be rendered,
when and for what.
16. Judgments by default may be
rendered, when.
17. If defendant be not personally
served with process, or has
hot appeared to the action,
judgments shall be rendered
against the property covered
by the lien.
18. If personally served, or ap-
pear to the action, judgment
shall be rendered, how.
19. The execution shall be a special
fieri facias; returnable, how.
20. Suits to be commenced in
ninety days from the time of
filing account, &c.
within the term "owner or
proprietor."
22. Satisfaction of lien to be ac-
knowledged, when, by whom,
and before what officer.
23. Satisfaction to be entered,
when and how; clerk's fee.
24. Liability of creditor failing to
enter satisfaction within ten
days after request.
25. Certain acts repealed.
26. Sub-contractors failing to give
notice to the owner or pro-
prietor, but furnish him with
an account, shall have the
benefit of this act, to what
extent.
27. All persons furnishing mate-
rials, or doing work, are sub-
contractors, except such as
make contracts directly with
the owner or proprietor.
28. St. Louis Land Court to have
jurisdiction of cases in St.
Louis county, except, &c.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.—Every mechanic, builder, artisan, workman,
laborer or other person, who shall do or perform any work or
labor upon, or furnish any materials, machinery or fixtures
for, any building, erection, or other improvement upon land,
or for repairing the same, under or by virtue of any contract
with the owner or proprietor thereof, or his agent, trustee,
contractor or sub-contractor, upon complying with the provi-
sions of this act, shall have for his work or labor done, or
materials, machinery or fixtures furnished, a lien upon such
building, erection or other improvement, and upon the land
belonging to such owner or proprietor on which the same is
situated, to the extent of one acre, to secure the payment of
such work or labor done, or materials, machinery or fixtures,
furnished. (a)
(a) Most of the provisions of this act are new. See act of 1845. Me-
chanics are not exempted by this act from the operation of the established
rules of law in relation to contracts. A plea of coverture at the time the
contract was made, is good. Sibley v. Casey & Biddle, 6 Mo. Rep., 164.
Vide, Cornelius v. Grant & Abbott, 8 Mo. Rep., 59. The taking of a note
by the mechanic for the amount of the lien, payable within the duration of
the lien, will not extinguish it. Steamboat Charlotte v. Hammond, 9 Mo.
Rep., 58.
Vide, Stine v. Austin, 9 Mo. Rep., 554. An agent employed to
disburse money and pay off hands in the building of a house, has no lien
for his services. Edgar v. Salisbury, 17 Mo. Rep., 271.
Lien of ar-
tisans, build-
ers, mecha-
nics, &c., for
materials and
labor.
1066
MECHANICS' LIENS.
Proceedings
of sub-con-
tractor to
pro-
cure a lien,
What pro-
ceedings shall
be had if con-
tractor fail
or refuse to
ment with
the sub-con-
tractor.
CHAP. 109.
SEC. 2.-Every sub-contractor, wishing to avail himself
of the benefits of this act, shall give notice to the owner or
proprietor, or his agent or trustee, before or at the time he
furnishes any of the things aforesaid, or performs any of the
labor, of his intention to furnish or perform the same, and
the probable value thereof; and if, afterwards, the things are
furnished, or labor done, the sub-contractor shall settle with
the contractor therefor, and having made the settlement in
writing, the same, signed by the contractor and certified by
him to be just, shall be presented to the owner or proprietor,
or his agent or trustee, and left with him; and within thirty
days from the time the things shall have been furnished, or
the labor performed, the sub-contractor shall file with the
clerk of the circuit court of the county in which the building,
erection or other improvement, is situated, a copy of the set-
tlement between him and the contractor, which shall be a
lien on the building, erection or other improvement, for
which the things were furnished, or on which the labor was
performed, and shall at the time file a correct description of
the property to be charged with the lien, the correctness of
all which shall be verified by affidavit. (a)
SEC. 3.. In case the contractor shall, for any reason, fail
or refuse to make and sign such settlement, in writing, with
the sub-contractor, when the same is demanded, then the
make settle- sub-contractor shall make a just and true statement of work
and labor done, or things furnished by him, giving all credits,
which he shall present to the owner or proprietor, or his
agent or trustee; and shall, also, within said thirty days, file
a copy of the same, verified by affidavit, with the clerk of
the circuit court of the county in which the building, erec-
tion or other improvement, is situate, together with a correct
description of the property to be charged with the lien.
Effect of
certificate of
to sub-con-
SEC. 4. The certificate of settlement made as aforesaid,
settlement, or statement of the sub-contractor, shall be a justification to
and liability the employer in withholding from the contractor the amount
appearing thereby to be due to the sub-contractor, until he is
satisfied that the same has been paid; and the employer shall
become the surety of the contractor to the sub-contractor for
tractor.
(a) Cornelius v. Grant & Abbott, 8 Mo. Rep., 59; Urin & Shook v.
Waugh, 11 Mo. Rep., 412.
MECHANICS' LIENS.
1067
CHAP. 109.
the amount due for such work and labor, or things, not, how-
ever, exceeding the value thereof, as notified under section
second.
Notices
SEC. 5.-The notices mentioned in the preceding sections
may be served by the sheriff, or any constable of the county served, how.
in which such building, erection or other improvement, is
situated, and the return thereon of such sheriff or constable
[shall] be received in evidence without further proof.
SEC. 6. It shall be the duty of every person, except as
has been provided for sub-contractors, who wishes to avail
himself of the benefits of this act, to file with the clerk of
the circuit court of the county in which the building, erec-
tion or other improvement, to be charged with the lien is
situated, and within ninety days after all the things afore-
said shall have been furnished, or the work or labor done or
performed, a just and true account of the demand due or
owing to him, after allowing all credits, and containing a
correct description of the property to be charged with said
lien, and verified by affidavit. (a)
414
Within nine-
ty days after
contract com-
pleted, an ac-
count, verified
by affidavit,
shall be filed
with the clerk
of the circuit
court.
relative to
liens filed in
SEC. 7.—It shall be the duty of the clerk of the circuit Duty of clerk
court to endorse upon every account the date of its filing,
and make an abstract thereof in a book, by him to be kept his office.
for that purpose and properly indexed, containing the date
of its filing, the name of the person laying or imposing the
lien, the amount of said lien, the name of the person against
whose property the lien is filed, and a description of the pro-
perty to be charged with the same; for all of which he shall
receive the sum of one dollar from the person laying or im-
posing the lien, which shall be taxed and collected as other
costs in case there be suit thereon. (b)
SEC. 8. The liens for work or labor done, or things fur-
nished, as specified in this act, shall have priority in the or-
(a) The account, when filed according to law, is evidence of notice of the
existence of the lien. Cornelius v. Grant & Abbott, 8 Mo. Rep., 59.
Vide, Schulenburg v. Gibson, 15 Mo. Rep., 281. Where charges for services
for which the party might have a lien are combined with other charges for
which no lien is given, and the whole summed up in one item, so that it is
impossible to ascertain from the account filed how much of the gross charge
is a lien, the party will lose the whole benefit of the act. Edgar v. Salis-
bury, 17 Mo. Rep., 271.
(b) The omission of the clerk to make the abstract does not affect the
lien. Cornelius v. Grant & Abbott, 8 Mo. Rep., 59.
Mechanics'
liens to have
priority in the
order in which
they are filed,
&c.
1068
MECHANICS' LIENS.
What amount
of property
and estate
shall be sub-
ject to lien.
Liens of me-
attach to cer-
ments, to the
CHAP. 109.
der of the filing of the accounts thereof, as aforesaid, and
shall be preferred to all other liens and incumbrances which
may be attached to or upon such building, erection or other
improvement, and to the land on which the same is situated,
to the extent aforesaid, or either of them, made subsequent
to the commencement of said building, erection or other
improvement.
SEC. 9. The entire land, to the extent aforesaid, upon
which any such building, erection or other improvement, is
situated, including as well that part of said land which is not
covered with such building, erection or other improvement, as
that part thereof which is covered with the same, shall be
subject to all liens created by this act, to the extent, and
only to the extent, of all the right, title and interest, owned
therein by the owner or proprietor of such building, erection
or other improvement, for whose immediate use or benefit the
labor was done, or things were furnished; and when the in-
terest owned in said land by such owner or proprietor of such
building, erection or other improvement, is only a leasehold
interest, the forfeiture of such lease for the non-payment of
rent, or for non-compliance with any of the other stipulations
therein, shall not forfeit or impair such liens, so far as con-
cerns the buildings, erections and improvements, thereon put
by such owner or proprietor charged with such lien, but such
building, erection or improvement, may be sold to satisfy
said lien, and be moved within thirty days after the sale
thereof, by the purchaser. (a)
SEC. 10. The lien for the things aforesaid, or work, shall
chanics shall attach to the buildings, erections or improvements, for which
tain improve they were furnished or the work was done, in preference to
exclusion of any prior lien, or incumbrance, or mortgage, upon the land
prior incum- upon which said buildings, erections or improvements, have
brances upon been erected or put; and any person enforcing such lien,
may have such building, erection or improvement, sold under
execution, and the purchaser may remove the same within a
reasonable time thereafter.
the lands, &c.
Liens for
SEC. 11.—Any person having a lien under or by virtue
any amount of this act may bring suit to enforce the same, and to obtain
may be en-
forced in the
circuit court.
(a) Sibley v. Casey & Biddle, 6 Mo. Rep., 164; Milam v. Bruffee, Ibid,
635; Page v. Hill, 11 Mo. Rep., 149.
MECHANICS' LIENS.
1069
CHAP. 109.
the benefits thereof, in the circuit court of the county wherein
the property on which the lien is attached is situated, with-
out regard to its amount. (a)
How liens
forced.
SEC. 12. The pleadings, practice, process and other pro-
ceedings, in the several circuit courts, in cases arising under shall be
this act, shall be the same as in ordinary civil actions and
civil proceedings in said courts, except as herein otherwise
provided. The petition, among other things, shall allege the
facts necessary for securing a lien under this act, and a
description of the property charged therewith.
SEC. 13. In all suits under this act, the parties to the
contract shall, and all other persons interested in the matter
in controversy and in the property charged with the lien
may, be made parties; but such as are not made parties shall
not be bound by any such proceedings. (6)
SEC. 14. — In case of the death of any of the parties
specified in the immediately preceding section, whether be-
fore or after suit brought, the executor or administrator of
such deceased party shall be made plaintiff or defendant, ast
the case may require; and it shall not be necessary to make
the heirs or devisees of such deceased persons parties to such
suit; but if there is no executor or administrator of such de-
ceased party, then his heirs or devisees may be made parties
to such suit; and if any of said heirs or devisees are minors
under the age of twenty-one years, their guardians shall be
made parties with them; but if such minors shall have no
guardians, the court in which the suit is pending shall ap-
point guardians ad litem for them, in the same manner and
under the same rules and regulations as guardians ad litem
are appointed in proceedings for partition of real estate;
and the judgment and proceedings of such court, in any such
suit, shall be as binding on such minors as if they were over
the age of twenty-one years.
SEC. 15.-The court shall ascertain by a fair trial, in the
usual way, the amount of indebtedness for which such lien is
established, and render judgment for the same, and for costs
of suit.
SEC. 16.―Judgment by default shall be rendered against
(a) The plaintiff is entitled to his costs, although the amount recovered
is within the jurisdiction of a justice. Albers v. Eilers, 18 Mo. Rep., 279.
(b) Belcher v. Schaumburg, 18 Mo. Rep., 189.
en-
Who shall,
and who may,
be parties;
those not par-
ties, not bound
by proceed-
ings.
If a party
die, who shall
be substi
-
tuted; ap-
pointment of
guardians ad
item; effect of
a judgment
against mi-
nors.
Judgment
shall be ren-
dered, when
and for what.
Judgments
by default may
be rendered,
when.
1070
MECHANICS' LIENS.
If defendant
be not person-
or has not ap-
CHAP. 109.
every defendant who, after being summoned or notified ac-
cording to law, shall not appear and plead, or answer, within
the time allowed in ordinary civil actions.
SEC. 17. When the debtor has not been served with
ally served summons according to law, and has not appeared, but has
with process, been lawfully notified by publication, the judgment, if for the
plaintiff, shall be that he recover the amount of the indebted-
ness found to be due, and costs of suit, to be levied out of the
rendered property charged with the lien therefor, which said property
against pro- shall be correctly described in said judgment.
peared to the
action, judg-
ment shall be
perty.
If personal-
ment shall be
SEC. 18. When the debtor has been served with sum-
ly served, or
appear to the mons according to law, or appears to the action, the judg-
action, judgment, if for the plaintiff, shall be against such debtor as in
rendered, ordinary cases, with the addition, that if no sufficient pro-
perty of the debtor can be found to satisfy such judgment
and costs of suit, then the residue thereof be levied as pro-
vided in the next preceding section.
how.
Execution
shall be re-
SEC. 19. The execution to be issued shall be a special
turnable, how, fieri facias, and shall be in conformity with the judgment,
of advertise- and such writ shall be returnable as ordinary executions;
ment, sale, &c. and the advertisement, sale and conveyance of real or per-
sonal estate under the same, shall be made as under ordinary
executions.
Suits to be
when.
SEC. 20.- All suits under this act shall be commenced
commenced, within ninety days, in case of sub-contractors, and nine months
in other cases, from the time of filing the account or state-
ment as aforesaid, and not after, and be prosecuted without
unnecessary delay to final judgment. (a)
What per-
sons are en-
SEC. 21.-Every person, including all cestuis que trust,
braced within for whose immediate use, enjoyment or benefit, any building,
the term 'own- erection or improvement, shall be made, shall be included by
the words, "owner or proprietor" thereof, under this act, not
excepting such as may be minors over the age of eighteen
years, or married women.
er or proprie-
tor.'
Satisfaction
oflien to be ac-
knowledged.
SEC. 22.-Whenever any indebtedness, which is a lien
upon any such real estate, erection or building, or other im-
provement, shall be paid and satisfied, it shall be the duty of
the creditor, if required, to go before some officer authorized
(a) Lee & Donohoe v. Chambers, 13 Mo. Rep., 238.
MECHANICS' LIENS.
1071
СНАР. 109.
to take the acknowledgment of conveyances of real estate,
and acknowledge satisfaction of said lien.
S
SEC. 23. Such satisfaction, being acknowledged and cer-
tified, shall be filed with the clerk of the circuit court, who
shall thereupon enter satisfaction of such lien upon the re-
cord or the margin thereof, in the same manner as the satis-
faction of a mortgage is entered; and shall be allowed the
same fee therefor as is allowed for entering the satisfaction
of a mortgage, to be paid by the creditor at the same time
the service is performed.
SEC. 24.-If any creditor fail, refuse or neglect, to ac-
knowledge satisfaction as aforesaid, within ten days' after
payment and request as aforesaid, he shall be liable to any
person injured, to the amount of such injury and for costs of
suit.
To be enter-
ed, when and
how; clerk's
fees.
Liability of
creditor fail-
ing to enter
satisfaction.
Certain acts
SEC. 25.-The following acts are hereby repealed, to
wit: An act entitled, "An act for the better security of Me- repealed.
chanics and others erecting buildings, or furnishing materials
for the same, in the city and county of St. Louis," approved
February twenty-four, one thousand eight hundred and forty-
three, and an act entitled, "An act to extend the benefit of
Mechanics' liens to Buchanan county," approved February
twenty-five, one thousand eight hundred and fifty-one; but
nothing herein shall in any manner impair, injure or pre-
judice, any right, title or interest, of any person or persons,
acquired under both or either of said acts.
SEC. 26. In case any sub-contractor shall not have noti-
fied the owner, proprietor, his agent or trustee, before fur-
nishing the things aforesaid, or doing work, as provided for
in section two, but shall furnish to him the account as pro-
vided for in said section two, or the statement as provided for
in section three, and in all other respects shall comply with
the provisions of this act, he shall have the benefit of this
act, the same as if he had given such notice, to the extent,
and only to the extent, that such owner or proprietor can
safely, with his engagements and liabilities then existing,
withhold any amount by him owing to his contractor, for such
sub-contractor.
Sub-con-
tractors fail-
ing to give no-
tice, &c., shall
fit of this act,
to what ex-
have the bene-
tent.
Who are sub-
SEC. 27.—All persons furnishing things, or doing work,
provided for by this act, shall be considered sub-contractors, contractors.
M 2-VOL. II.
1072
MERCHANTS.
Land Court
to have juris-
diction of
cases arising
under this act
in St. Louis
county, ex-
cept, &c.
СНАР. 110.
except such as have therefor contracts directly with the
owner or proprietor, his agent or trustee.
SEC. 28. The provisions of this act, relative to the du-
ties, powers and jurisdiction, of circuit courts and clerks
thereof, in the matters provided for and arising under this
act, shall, in all cases arising under this act in the county of
St. Louis, be exclusively applicable to the St. Louis Land
Court in the said county, and the clerk thereof, except that
suits for enforcing liens under this act, for amounts less than
two hundred dollars, may be begun and prosecuted in the Law
Commissioner's Court in said county.
Approved December 11, 1855.
CHAPTER CX.
MERCHANTS.
AN ACT TO TAX AND LICENSE MERCHANTS.
21. Who declared to be a merchant. 12. Forfeited upon failure to file
2. Not to deal without a license.
Penalty of not less than fifty,
nor more than five hundred,
dollars.
3. Merchants to pay same tax on
goods as is levied on real
estate.
4. Bond to be executed before li-
cense issued; condition of.
5. Form of bond.
6. Duty of persons licensed to file
a statement of the amount of
goods received for sale, when
and where.
7. Such statement shall be signed,
by whom, and verified before,
what officer; what it shall
contain.
8. Clerk shall issue blank licenses;
form of license.
9. To be delivered and charged to
collector.
10. Certain fees to be collected by
the collector.
11. Boud forfeited, upon failure to
pay revenue; judgment ren-
dered in damages, for what
amount.
statement; judgment to be
rendered, for what amount.
13. Forfeited upon filing a false
statement; judgment to be
rendered, for what amount.
14. Collector to sue on all forfeited
bonds; an attorney's fee to
be taxed, when.
15. Copy of bond to be evidence,
when and of what; it may be
shown, that the statement
does not contain the full value
of the goods.
16. Any person filing a false state-
ment shall forfeit his license,
and be disqualified to receive
thereafter, a license under
any law.
17. Collector to make return to
county court at each term;
particulars of such return.
18. Court to settle with collector,
when and how.
19. Collector failing to return, to
be charged, how much.
20. Clerk to certify to Auditor
amount charged against the
collector.
F
MERCHANTS.
1073
CHAP. 110.
? 21. No person under one license, | 24. Duty of officers and citizens to
to sell in more than one
county, &c., at the same time.
22. Authority to sell liquors li-
mited.
23. Duty of collectors to offer to
furnish licenses, and to re-
port to grand jury all delin-
quents.
give information of the vio-
lations of this act. Warrants
to issue.
25. Proceedings, if the accused be
found guilty.
26. Construction of the term "mer-
chant."
27. Privileges of farmers.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:—
SECTION 1.-Every person, or copartnership of persons,
Who declar-
chant.
who shall deal in the selling of goods, wares and merchan-ed to be a mer-
dize, at any store, stand or place, occupied for that purpose,
is declared to be a merchant. (a)
SEC. 2.-No person, or copartnership of persons, shall
deal as a merchant without a license first obtained, according
to law; and every person so offending shall forfeit to the
State not less than fifty, nor more than five hundred, dol-
lars for every such offence, to be recovered by indictment.
SEC. 3.-Merchants shall pay an ad valorem tax, equal to
that which is levied upon real estate, upon all goods, wares
and merchandize, purchased by them, except such as may be
the growth, produce or manufacture, of this State, and ex-
cept such unmanufactured articles as may be the growth or
produce of other States.
SEC. 4.- Any person, or copartnership of persons, apply-
ing for a license to vend merchandize, shall, before he or
they shall receive such license, execute a bond to the State,
with two or more good and sufficient securities, who shall be
freeholders at the time, conditioned that he or they will, on
or before the first day of November next following, pay to
the collector of the proper county the tax due upon such
license, which bond shall be approved by the collector, and his
approval endorsed thereon.
SEC. 5. Such bond may be in the following form:-
"Know all men by these presents, that we, A B, C D
and E F, freeholders of the county of G, are held and firmly
(a) Tracy & Wahrendorff v. State, 3 Mo. Rep., 3; State v. Hunter, 5
Mo. Rep., 360; State v. Martin, Ibid, 361; State v. Brown, 8 Mo. Kep.,
210. Several persons may be jointly indicted for any offence which may be
committed by several. State v. Gay, 10 Mo. Rep., 440. Vide, Neales v.
State, 10 Mo. Rep., 498; Crow v. State, 14 Mo. Rep., 237; State v. Cooper,
16 Mo. Rep., 551.
Not to deal
without a li-
cense.
Merchants
tax on goods
to pay same
as is levied on
real estate.
Acts 1853,
p. 111.
Bond to be
executed bc-
fore license
issued; condi-
tion of.
Acts 1853,
p.
111.
Form of
bond.
1074
MERCHANTS.
New section.
CHAP. 110.
bound unto the State of Missouri for the payment, on the
first day of November next, to the collector of the county of
G, of all taxes which may then be due from the said A B,
for the twelve months ending on the said first day of No-
vember next, upon his license, as a vendor of goods, wares
and merchandize; and, in default of such payment, to pay
all damages and costs which may be adjudged against them
by law. Given under our hands, this
D. 18-.
day of
A.
A B,
C D,
E F.
Approved this
day of ——, A. D. 18—.
Duty of per-
sons licensed
to file a state-
ment of the
amount
of
goods receiv-
ed for sale,
when and
where.
Acts 1853,
p. 111.
Such state-
ment shall be
signed, by
whom, and ve-
rified, before
what officer;
what it shall
contain:
New section.
Clerk shall
censes; form
of license.
H I, Collector."
SEC. 6. On the first day of November in each year, it
shall be the duty of every person, or copartnership of per-
sons, who shall have obtained a license as herein'before pro-
vided, to file in the office of the clerk of the county court of
the county in which such license may have been granted, a
statement of the amount of all goods, wares and merchan-
dize, (excepting such as may be the growth, produce or manu-
facture, of this State, and excepting such unmanufactured
articles as may be the growth or produce of other States,)
received for sale by him or them within the year then
ending.
SEC. 7. Such statement shall be signed and verified by
the affidavit of such person, or some member of the copart-
ship, or by some credible person for him or the copartnership
of
persons, before some officer authorized by law to adminis-
ter the oath, that such statement contains a just and true
account of the aggregate amount of all the goods, wares and
merchandize, taxable by law, received by him or them for
sale within the twelve months ending the first day of Novem-
ber, A. D. 18—.
SEC. 8.The clerk of the county court of each county
issue blank li- shall issue as many blank licenses for vendors of goods,
wares and merchandize, under the seal of the court, as the
court shall direct, which licenses shall be in the following
form:
"The State of Missouri, to all who shall see these presents,
MERCHANTS.
1075
CHAP. 110.
greeting: Know ye, that A B, having, on the
2
day of
18-, given bond, as required by law of him, as a
dealer in goods, wares and merchandize, for the payment of
all lawful taxes due upon his license; therefore, the said A
B is hereby authorized to vend goods, wares and merchan-
dize, at any one place within said county, for twelve months,
ending the day of next. In testimony whereof,
I, G A P, clerk of the county court of the county of C,
have affixed the seal of said court, this
18—.
day of
GAP, Clerk.
Granted this
day of 18-.
C D, Collector."
SEC. 9.-Such clerk shall deliver to the collector of his
county all licenses so issued, and charge him therewith in a
book to be kept for that purpose.
To be deliv-
ered
and
charged to
collector.
Certain fees
to be col-
SEC. 10.—The collector shall, at the time of delivering
such license, collect the sum of fifty cents, the fee allowed by lected.
this act to the clerk for issuing the same, and twenty-five
cents each for the bond and statement, to be retained by the
collector as his fee for furnishing the same.
SEC. 11. Every person, or copartnership of persons, to
whom a license shall have been granted to vend goods, wares
and merchandize, who has filed a correct statement as re-
quired by the sixth section of this act, and failed to pay the
amount of revenue so owing to the collector of the proper
county, shall be deemed to have forfeited the bond given by
him or them in virtue of this act, and judgment shall be
rendered for the plaintiff in damages for double the amount
of such revenue, and for costs.
and
SEC. 12. Every such person, or copartnership of per-
sons, who shall fail to file such statement, and at the time
and in the manner required, shall be deemed to have forfeited
the bond given by him or them in virtue of this act,
judgment shall be rendered for the plaintiff in damages for
three times the amount of revenue which shall be found to
be due for the year, and for costs.
SEC. 13.-- Every such person, or copartnership of per-
sons, who shall file, or suffer to be filed, a false statement,
shall be deemed to have forfeited the bond given by him or
them in virtue of this act, and judgment shall be rendered
Bond for-
feited upon
failure to pay
revenue;
judgment ren-
dered, in da-
what amount.
mages, for
New section.
Upon failure
to file state-
ment; judg-
ment to be
rendered, for
what amount.
New section.
Upon filing
a false state-
ment; judg-
ment render-
amount.
ed, for what
1076
MERCHANTS.
CHAP. 110.
Collector to
feited bonds;
fees to be
for the plaintiff in damages for four times the amount of
revenue found to be due, and for costs.
SEC. 14. Upon the forfeiture of any bond, as provided,
sue on all for it shall be the duty of the collector of the proper county to
an attorney's institute suit without delay, by some attorney to be selected
taxed, when. by him, upon the bond forfeited, against the principal and
all securities, jointly or severally, as may be deemed ad-
New section. visable; and the court in which the judgment shall be ren-
dered shall, if judgment shall be for the plaintiff, tax as costs
in the case, to be collected and paid as other costs, a reason-
able fee, in favor of the attorney prosecuting the action.
Copy of
bond to be evi-
may be shown
ment does not
SEC. 15.-- In all suits upon such bonds, a certified copy
dence, when, of the statement hereinbefore required to be filed in the
and of what; office of the clerk of the county court, under his seal of
that state- office, shall be evidence of the amount of taxes due from the
contain the person, or copartnership of persons, so filing the same; but
full value of the collector or other person so prosecuting the suit may
the goods.
show, by competent testimony, that such statement does not
contain the full amount of all the goods, wares and merchan-
dize received by him, or them, subject to taxation, within the
year therein stated.
New section.
his license,
Any person SEC. 17.-Any person, or copartnership of persons, who
filing a false
statement shall knowingly file, or suffer to be filed, a false statement of
shall forfeit the aggregate amount of goods, wares and merchandize, re-
and be dis- quired by this act to be filed in the office of the clerk of the
qualified to re-
ceive thereaf-county court, shall, upon conviction, forfeit their license, and
ter a license, shall thereafter be deemed disqualified to receive a license,
under any under any law of the State.
law.
Collector to
make return
to county
court at each
term; parti-
culars of such
return.
Court to set-
SEC. 16.- Each collector, at each regular term of the
county court of his county, shall return on oath: First, All
blank licenses not granted by him; Second, A list of all
licenses granted by him, and not before accounted for, show-
ing the names of the persons to whom granted, the amount
of tax collected on each, and the commencement and termi-
nation of each license so granted by him; Third, Statements
of the bonds taken by him, as required by this act, and the
penalty, date and obligors, in each bond.
SEC. 18. The county court, at each regular term thereof,
tle with col- shall settle and adjust the accounts of the collector for
licenses delivered to him under the provision of this act, giv-
ing him credit for all blank licenses returned, and charging
lector, when
and how.
MERCHANTS.
1077
CHAP. 110.
him for all licenses not returned, according to the statement
required to be filed by the persons having licenses, and the
statement of bonds required to be returned.
SEC. 19.-If the collector shall fail to return a number
Collector
much.
of such statements of the bonds, corresponding in number failing to re-
turn, to be
with the licenses not returned, the court shall, for each license charged, how
not returned above the number of such statements returned,
charge him, in such settlement, a sum of not less than two
hundred dollars, nor more than five hundred dollars.
SEC. 20. The court, on ascertaining the amount received
by the collector for licenses and taxes on or for which he
shall have become chargeable under this law, shall cause their
clerk, at each term, to certify to the Auditor of Public Ac-
counts the amount so charged against the collector of their
county.
SEC. 21. No license granted in virtue of this law shall
authorize any person, or copartnership of persons, to deal in
the selling of goods, wares and merchandize, in any other
county than the one in which the license was granted, nor
at more than at one place in the proper county at the same
time, nor for a longer period than twelve months.
SEC. 22. No such license shall authorize any merchant
to sell vinous, fermented or spirituous, liquors in less quantities
than one gallon, nor in any quantity to be drank at his store,
stand or warehouse, or other place of business; but a dealer
in drugs and medicines may sell such liquors in any quantity
when it is used only for medical purposes.
SEC. 23.It shall be the duty of the several collectors
to call at least as often as once in every three months on all
merchants who are required, by law, to take out a license,
and offer to furnish such as have not a license with a license,
and the said collector shall report to each grand jury of his
county, the names and localities of all persons who refuse to
take out or to renew their license at the proper time, as
required by law.
Clerk to cer-
tify to auditor
amount charg-
ed against the
collector.
Extent of
license.
Authority
limited.
to sell liquors
Duty of col--
lectors to offer
to furnish li-
censes, and to
grand jury all
delinquents.
report to
Duty of offi-
cers and citi-
zens to give
information of
SEC. 24.—When any person shall be found dealing as a
merchant, contrary to the provisions of this act, every sheriff,
collector, assessor, coroner and constable of the proper county,
city or township, shall, and every citizen may, give informa-
tion thereof to some justice of the peace of the county, Warrants
without delay. The justice shall issue his warrant, directed to issue.
this act.
violations of
1078
MILLS AND MILLERS.
Proceedings,
if the accused
be found
guilty.
Construction
of the term
"merchant."
New section.
Farmers to
have certain
der this act.
CHAP. 111.
to the sheriff or any constable of the county, and cause the
offender to be arrested and brought before himself, or some
other justice of the peace of the county.
SEC. 25.—If, upon examination, the justice find the ac-
cused guilty of the offence charged, he shall require him to
enter into recognizance, with sufficient security, for his ap-
pearance at the next term of the court of the county having
criminal jurisdiction, on the first day thereof, to answer any
indictment which may be preferred against him; and in
default of such recognizance, the justice shall commit the
offender to the county jail of the county.
SEC. 26. The term "merchant," as used in this act,
shall be construed to include all merchants, commission mer-
chants, grocers and dealers in drugs and medicines, (except
physicians for medicines used in their practice,) whether trad-
ing as wholesale or retail dealers.
SEC. 27. Any farmer residing in this State who shall
privileges un- grow on his farm any article of produce, and shall ship or
otherwise convey the same to market on his own account, and
shall sell the same, either in whole or in part, for iron, salt,
sugar, coffee, teas, spun cotton, nails or leather, is hereby
authorized and permitted to vend and retail the said articles
at his place of residence, free from taxation or license, in any
quantity he may choose; but this section shall not be so con-
strued as to extend to any merchant.
Acts 1847,
p. 97.
Approved December 11, 1855.
CHAPTER CXI.
MILLS AND MILLERS.
AN ACT CONCERNING MILLS, MILLERS AND THE RATES OF TOLL.
2 1. What are declared public mills. 7. Extent of liability of owner;
2. Water grist-mills declared pub-
lic.
3. To grind for customers four
days in each week.
4. Grain, how to be ground.
5. Rates of toll.
6. When bolting-machine is turn-
ed by hand, duty of owner.
his duty to deliver flour, &c.
8. Cases of loss in which miller is
not responsible.
9. Not liable for bags, barrels,
&c., not branded.
10. Millers to give due attendance
to their customers.
11. To keep sealed measures.
+
MILLS AND MILLERS.
1079
CHAP. 111.
? 12. Penalty for violation of this 14. Converting a public water-mill
act.
13. Proceedings to convert a public
into a private mill.
how given.
Notice,
into a private mill, deemed a
forfeiture of privilege; may
be dealt with as a public nui-
sance.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:—
SECTION 1.— All grist-mills which grind for toll, are
hereby declared public mills.
What are
declared pub-
lic mills.
Water grist-
mills declared
SEC. 2.— All water grist-mills that have heretofore been,
or shall hereafter be, built on any water-course, by authority public.
of any statute, or order of any court, are hereby declared to
be public mills.
SEC. 3. All public mills shall grind for customers at
least four days in each week.
SEC. 4.— All grain brought to a public mill shall be ground
in turn as the same shall be brought, and as well as the nature
and condition of the mill will permit.
SEC. 5.-The owner or occupier of every public mill shall
be entitled to toll all grain ground thereat, according to the
following rates: First, If a water-mill, one-eighth, and if a
steam-mill, one-sixth, and no more; Second, If a horse or ox-
mill, the one-fifth part, when the owner or occupier of such
mill furnishes the team for grinding the same; Third, When
the team shall be furnished by the owner of the grain, and
with the assent of the owner or occupier of such horse or ox-
mill, the toll shall be one-eighth part, and no more.
SEC. 6. — When the bolting-machine of any mill shall be
so constructed as to require to be turned by hand, the owner
or occupier of the mill shall only be bound to permit the
owner of the grain to use the same.
SEC. 7.-The owner or occupier of a public mill shall be
accountable for the safe-keeping of all grain received for the
purpose of being ground, and all sacks, bags, barrels and
casks, in which the same was received, and shall, when called
for, deliver the flour, meal, hominy or malt, made from such
grain, together with such sacks, bags, barrels and casks, to
the owners, or their agents or servants.
To grind for
customers,
&c.
Grain, how
to be ground.
Rates of
toll.
When bolt-
ing-machine is
turned by
hand, duty of
owner.
Extent of
liability of
Owner; his
duty to deli-
ver flour, &c.
Cases of loss
in which mill-
er is not re-
SEC. 8.-The owner or occupier of a public mill shall not
be liable for the loss of any grain, sacks, barrels, bags or
casks, when such loss shall happen: First, Without the fault sponsible.
N VOL. II.
1080
MILLS AND MILLERS.
Not liable
for bags, bar-
rels, &c., not
branded.
Millers to
give due at
tendance to
their custom-
ers.
To keep
sealed mea-
sures.
Penalty for
violation of
this act.
Acts 1851,
p. 246.
Proceedings
to convert a
public into a
private mill.
Converting
a public wa-
ter-mill into a
deemed a for-
CHAP. 111.
or neglect of such owner or occupier; or, Second, By inevi-
table accident.
SEC. 9.-No owner or occupier of a public mill shall be
liable for any sacks, bags, barrels or casks, that are not
branded or marked with the owner's name.
SEC. 10. The owner or occupier of a public mill shall,
when his mill is in repair and fit for business, give due
attendance to his customers, and assist in loading and unload-
ing all grain which may be brought by them for the purpose
of being ground, and the material which shall be made
thereof.
SEC. 11.-There shall always be kept at a public mill, by
the owner or occupier thereof, a half-bushel and a peck
measure, tried and sealed by the clerk of the county court,
and proper toll-dishes for such measures.
SEC. 12.-Any owner, keeper or occupier, of a public mill,
who shall be guilty of a violation of any of the provisions of
this act, shall be deemed guilty of a misdemeanor, and shall,
upon conviction thereof by indictment, be fined not less than
five nor more than fifty dollars.
SEC. 13.-Every owner or occupier of a public mill who
shall desire to convert the same into a private mill, shall give
at least thirty days' notice of such intention, by a written or
printed advertisement, put up, and kept up, in some conspicu-
ous and easily accessible place in such mill.
SEC. 14. Whenever any water-mill, which shall have
been erected pursuant to the provisions of the law concerning
private mill, mills and mill-dams, shall be converted into a private mill, all
feiture of pri- the privileges of such mill conferred by law, or the judgment
vilege; may or decree of any court, shall be thereby forfeited, and the
public same shall be subject to be dealt with as a public nuisance.
be dealt with
as a
nuisance.
Approved November 20, 1855.
MILLS AND MILL-DAMS.
1081
CHAP. 112.
CHAPTER CXII.
MILLS AND MILL-DAMS.
AN ACT CONCERNING MILLS AND MILL-DAMS.
? 1. When proprietor may erect a
dam; how to proceed.
15. Issues to be tried as in civil
cases.
2. Owning land on one side of a
stream, may erect a dam,
when.
16.
Costs, how adjudged.
17.
Court may order new suit.
18.
Court may enter an order of
3. Petition to be filed under first
section.
permission to erect a dam,
when.
4. What the petition shall set
forth.
19.
•
5. Petition to be filed in the case
supposed in the second sec-
tion; what it shall set forth.
6. Where to be filed.
7. Writ of ad quod damnum to be
issued; to whom directed;
command thereof.
8. Duty of sheriff in executing
the writ; subject of inquiry.
9. Further duty in case under
second section.
10. To set apart one acre of land
by metes and bounds.
11. Proprietor to be notified of the
inquest, how.
12. Power of sheriff.
13. Inquest to be in writing,
signed by jury and returned
by sheriff.
14. Proceedings on return of in-
quest.
20.
May include in its order a de-
cree vesting title, when.
Order and decree subject to
conditions.
21. Land decreed for mill privi-
leges shall revert to original
owner, when.
22. Altitude of dam may be in-
creased, how.
23.
24.
Inquest or order not to bar
right of action, except, &c.
Penalty for building or height-
ening dam without lawful
permission.
25. Power of circuit court to pre-
vent the erection of dams in
certain cases.
26. What dams deemed public nui-
sances.
27. Effect of failure to build ac-
cording to law.
28. Privilege to construct a dam
shall cease, when.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.—Any person may erect a dam across any
water-course not being a navigable stream, if such person is
the proprietor of the land through which the water-course
runs at the point where he proposes to erect his dam, by pro-
ceeding as in this law is provided.
When pro-
erect a dam;
prietor may
how to pro-
ceed.
on one side of
a stream, may
SEC. 2.-Any person being the owner, in fee-simple, of Owning land
the land on one side of such water-course, including a part of
the bed of the stream at a point where he proposes to erect a erect a dam,
dam, may, nevertheless, erect such dam by proceeding as in
this law is provided.
when.
Petition to
be filed under
SEC. 3. In the case supposed in the first section, the
person proposing to erect a dam shall file a petition in the first section.
circuit court of the county in which he proposes to erect his
mill, or other machinery, in connection with the dam.
1082
MILLS AND MILL-DAMS.
What the
petition shall
set forth.
Petition to
be filed in the
section; what
it shall set
forth.
CHAP. 112.
SEC. 4.—The petition shall set forth: First, A descrip-
tion of the land and an abstract of his title thereto; Second,
The name of the water-course, and a description of the point.
at which he proposes to erect his dam; Third, The altitude
of the dam which he proposes to erect; and, Fourth, The
kind of mill, or other machinery, which he proposes to con-
nect with the dam.
SEC. 5.—In the case supposed in the second section, the
case supposed person, proposing to erect a dam shall file a petition as in the
in the second third section is provided, and, in addition to the requirements
of the fourth section, shall set forth: First, The name and
place of residence of the owner of the land on the other side
of the water-course whereon he would abut his dam; Second,
On what side of the water-course he proposes to erect his
mill, or other machinery, in connection with the dam; and,
Third, A prayer that the title to one acre of the land on the
opposite side of such water-course, to include the place where
he will abut his dam, may be decreed to him, and that the
same may be set apart by metes and bounds.
Where to be
filed.
Writ of ad
quod damnum
rected; com-
mand thereof.
SEC. 6. Such petition shall be filed in the circuit court
of the county within which the petitioner proposes to erect
such mill or other machinery.
SEC. 7. Upon filing the petition, it shall be the duty of
to be issued; the court to cause a writ of ad quod damnum to be issued
to whom di- under the seal of the court, directed to the sheriff, command-
ing him to summon twelve fit persons of his county to meet
at the place where it is proposed to erect a dam, on a day to
be named in the writ, then and there to inquire, by the said
jury, touching the matters contained in the petition, a copy
of which shall accompany the writ.
Duty of she-
riff in execut-
SEC. 8. The sheriff shall attend the jury on the day and
ing the writ; at the place appointed, and, upon full examination, inquire
subjects of in- by such jury: First, What damage each proprietor will sus-
quiry.
tain by reason of inundation, consequent upon the erection.
of the dam as proposed; Second, Whether the mansion-house
of any such proprietor, or the out-houses, curtilages or
gardens, thereto immediately belonging, or orchard, will be
overflowed thereby; Third, Whether, and to what extent,
ordinary navigation and fish of passage will be obstructed
by such erection, and whether, and by what means, the same
may be prevented or diminished; and, Fourth, Whether the
MILLS AND MILL-DAMS.
1083
CHAP. 112.
health of the neighborhood will be materially annoyed in
consequence of such erection.
Further du-
ty in case un-
SEC. 9.—In the case supposed in the second section, the
sheriff shall further inquire, by the jury, the value of the der second
one acre of land mentioned in the prayer of the petition.
SEC. 10. The sheriff shall, with the assistance of the
jury, set apart one acre of land by metes and bounds.
SEC. 11.-In such case the sheriff shall give the pro-
prietor of the land whereof one acre is prayed for, a reason
able notice of the time and place when and where he will
take the inquest of the jury, if such proprietor be in his
county, and if not, he shall set up such notice at the house
of the tenant of such land, and if there be no actual tenant
thereof, he shall set up such notice at some conspicuous place
on the land.
SEC. 12. — The sheriff shall have power, with the jury, to
go into and act in an adjoining county, when necessary to
the discharge of the duties under this act.
SEC. 13. The inquest of the jury shall be reduced to
writing, signed by each of the jurors and returned by the
sheriff, together with the writ and a statement of the manner
in which he executed it, into the court whence it issued, with-
out delay.
section.
To set apart
one acre of
land.
Proprietor
to be notified
of the inquest,
how.
Power of
sheriff.
Inquest to
be in writing,
signed by jury
and returned
by sheriff.
Proceedings
inquest.
SEC. 14. Upon the return of such inquest and writ, any
person aggrieved by the verdict of the jury may file his ob- on return of
jections to the proceedings under such writ, and to the ver-
dict, and show cause why the proceedings should be quashed
and the verdict set aside.
up
Issues to be
tried as in
SEC. 15.-The court may thereupon direct issues to be
made and tried as in other civil cases, and, if good cause civil cases.
be shown therefor, the court shall quash the proceedings and
set aside the verdict.
Costs, how
SEC. 16. The costs attending the trial of such issues.
shall be adjudged against the unsuccessful party, as in other adjudged.
civil cases.
SEC. 17.-The court, on motion, may order a new writ of
ad quod damnum to issue, for the purpose of having the
damages assessed according to law.
Court may
order
suit.
new
Court may
enter an or-
SEC. 18. — If no objections be filed to the proceedings der of per-
under the writ or to the verdict of the jury, and it shall ap-
pear to the court, upon a view of the inquest, that the when.
to
mission
erect a dam,
1084
MILLS AND MILL-DAMS.
May include
in its order a
decree vesting
title, when.
CHAP. 112.
mansion-house of any proprietor, or the out-houses, curtilages
or gardens, thereto belonging, or orchard, will not be over-
flowed, or the health of the neighborhood will not be ma-
terially annoyed by the stagnation of water consequent upon
the erection of the proposed dam, the court shall then con-
sider whether, all the circumstances weighed, it be reasonable
that the permission to erect such dam as prayed for should
be given, and thereupon enter an order giving permission, or
not, accordingly. (a)
SEC. 19. When the party petitioning shall have prayed
for an acre of land whereon to abut his dam, the court shall
include in its order, granting the permission to erect the dam,
a judgment vesting the title of such acre of land in the party
petitioning, his heirs and assigns forever.
Order and
SEC. 20.-The judgment and order, authorized by the
decree subject
to conditions. two last preceding sections, and the rights and privileges
thereby granted, shall, in all cases, be upon and subject to
the conditions following: First, Such conditions, in reference
to the obstructions to fish of passage and ordinary navigation,
as the court shall think proper to impose; Second, That all
damages and valuations, assessed and made by the jury, shall
be paid; Third, That the dam and mills, or other machinery,
shall be commenced within one year, and finished and ready
for business within three years from the date of the order of
permission; Fourth, That whenever the dam or mill, or other
machinery, shall be destroyed or materially impaired, the
same shall be built or repaired within three years thereafter;
but if the owner of such dam or mill, or other machinery,
shall be an infant, or of unsound mind, femme-covert, or im-
prisoned at the time such dam or mill, or other machinery,
shall be destroyed or materially impaired, then within three
years after such disability is removed.
Land de-
creed for mill
privileges to
revert to ori-
ginal owner,
when.
Altitude of
dam may be
increased,
how.
-
SEC. 21. In case of non-compliance with any of the con-
ditions concerning the building, rebuilding or repairing,
where the land of another shall have been adjudged by the
court for the purpose of an abutment, the same shall revert
to and revest in the original owner, his assigns or legal
representatives.
SEC. 22.-Any owner of any dam and mill, or other ma-
(a) Hook v. Smith, 6 Mo. Rep., 225.
;
1085
MILLS AND MILL-DAMS.
CHAP. 112.
chinery, erected in virtue of this or any previous law, may
increase the altitude of his dam by permission of the court,
under and by the same proceedings, regulations and condi-
tions, hereinbefore provided.
Inquest or
order not to
bar right of
action, ex-
cept, &c.
Penalty for
SEC. 23.-The inquest of the jury, or the order and per-
mission of the court founded thereupon, shall not bar any
prosecution or action which any person would have had in
law, had this law not been made, except for such injuries as
were actually foreseen and estimated by the jury.
SEC. 24. Any person who shall build or heighten anyding for
-
dam, or any other stoppage or obstruction, on or across any heightening
water-course, without first obtaining permission from the court
of the proper county, according to law, and shall thereby
work any injury to any other person, shall forfeit, to the
party injured, double damages for such injury, to be recovered
by civil action.
SEC. 25.—The circuit court of the proper county shall
have power, upon petition, to prevent the erection or raising
of any dam, stoppage or obstruction, across any stream
which shall operate to the nuisance and injury of any mill or
other machinery erected, or of any dam, the erection of which
has been authorized by the order of any competent tribunal,
of a date earlier than that permitting the erection and raising
of such first-mentioned dam, stoppage or obstruction; and
such court may, upon a final hearing of such petition, or-
der and adjudge that such dam, stoppage or obstruction, be
abated by the sheriff of the proper county.
dam without
lawful per-
mission.
Power of
circuit court
to prevent the
erection of
dams in cer-
tain cases.
What dams
deemed pub-
SEC. 26. All dams, stoppages and obstructions, not made
according to law, shall be deemed to be public nuisances, and lie nuisances.
may be dealt with as such. (a)
SEC. 27.-If any person, or his legal representative, to
whom permission to erect a dam, in virtue of this law, shall
have been given, shall fail to build, rebuild or repair, the
same, together with the mill or other machinery connected
therewith, according to the requirements of this law, or the
conditions of the permission, it shall be lawful for any per-
son owning the land on one side of the water-course, at the
point where such dam was erected, or below, to build a dam
and mill, or other machinery, thereon, as if no such permis-
(a) Welton & Edwards v. Martin, 7 Mo. Rep., 307; 17 Maine Rep., 292;
11 Mass. Rep., 364, 462.
Effect of fail-
ure
according to
law.
to build
1086
MORTGAGES.
Privilege to
construct a
dam shall
cease, when.
CHAP. 113.
sion had been given, without incurring any liability on
account of backing the water on such dam.
SEC. 28.—If the improvement of the navigation of any
stream shall be undertaken by the State, or by any county,
or other lawful authority under the State, then the privilege
to keep any dam across such stream, the right to construct
which may be hereafter granted, shall cease, if the same
would prevent or obstruct the making of such improvement,
`and it shall be the duty of the owner or owners of such dam,
either to remove the same, or to make such change in the
same, as will render the navigation safe and convenient, ac-
cording to the plan of such improvement; said change or
alteration in such dam shall be so constructed as to be ap-
proved of by the proper officers or agents who shall have the
superintendence of the improvement of such stream.
Approved November 24, 1855.
}
CHAPTER CXIII.
MORTGAGES.
AN ACT CONCERNING THE FORECLOSURE OF MORTGAGES.
? 1. Petition to foreclose mortgage, |
where to be filed; what it shall
set forth.
2. Deeds of trust in the nature of
mortgages may be foreclosed,
and property sold as in case
of mortgages.
3. Petition, where to be filed.
4. Proceedings in case of the death
of mortgagee, or assignee, or
mortgager.
5. Summons to issue, how; ser-
vice and return.
6. Claimant of interest to be made
a defendant, how.
7. Incumbrancers and persons
having an interest, to be made
parties.
8. Order of publication, when and
how made.
9. Judgment by default to be ren-
dered, when.
10. Mortgager not summoned or
not appearing, what the judg-
ment shall be.
11. If summoned or appearing,
what the judgment shall be.
12. Execution to be a special fieri
facias.
13. When returnable; sales under,
how conducted.
14. Fieri facias, where directed.
15. Title which the purchaser ac-
quires.
16. Where personal representative
has been summoned, or ap-
pears, what judgment shall
be rendered.
17. Mortgages of leasehold estates.
18. Proceedings in suits under this
act.
19. On notice, mortgaged personal
property other than slaves
may be sold without suit,
when. Notice, how and when
given.
20. Mortgages, with powers of sale
in mortgagee, and all sales
made by such mortgagee, to
be valid and binding.
MORTGAGES.
1087
CHAP. 113.
¿ 21. Acknowledgment of satisfac- ? 24. Redemption, by payment to
tion to be entered of record,
or a deed to be delivered.
22. Forfeiture for failure to ac-
knowledge satisfaction, or ex-
ecute a deed of release.
23. Attorney in fact empowered to
execute a deed of release.
Effect of such deed.
officer before sale, certificate
to be given; to be recorded;
effect thereof.
25. In St. Louis county, the St.
Louis Land Court to have ex-
clusive jurisdiction of all pro-
ceedings had in virtue of this
act, &c.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
Petition to
mortgage,
where to be
filed; what it
shall set forth.
SECTION 1.-All mortgagees of real estate or slaves, and
mortgagees of personal estate other than slaves, when the foreclose
debt or damages secured amounts to fifty dollars, or more,
may file a petition in the office of the circuit court against
the mortgager, and the actual tenants or occupiers of such
real estate, or person in possession of such slaves, or other
personal property, setting forth the substance of the mort-
gage deed, and praying that judgment may be rendered for
the debt or damages, and that the equity of redemption may
be foreclosed, and the mortgaged property sold to satisfy the
amount due. (a)
(a) A deed made for lands, to be absolute on the payment of certain notes,
but in default of payment to be void, is to be considered a mortgage. Carr
v. Holbrook, 1 Mo. Rep., 172. Vide, O'Fallon v. Elliott, 1 Mo. Rep., 258.
The mortgager of personal property will be restrained from removing the
mortgaged property out of the State before payment of the debt. Berry
v. Burckhartt, 1 Mo. Rep., 296. Vide, Ravenscroft v. State, Ibid, 380; State
v. Evans, Ibid, 499. An agreement that land should be chargeable with,
and security for, the payment of a debt, though not a legal, is yet an equita-
ble mortgage. Davis v.
Davis v. Clay, 2 Mo. Rep., 130. An assignee of a debt se-
cured by mortgage may, by a bill in chancery, compel the sale of the mort-
gaged premises for the payment of the debt, as the mortgage, by the assign-
ment of the debt, passes as an incident to it. Laberge v. Chauvin, 2 Mo.
Rep., 145. A court of equity will permit a subsequent mortgagee, or his
alienee, to come in and redeem. Mullanphy v. Simpson, 3 Mo. Rep., 345.
Subsequent incumbrances cannot be permitted to redeem a part, without pay-
ing the prior incumbrancer his whole demand. Russell v. Mullanphy, 4 Mo.
Rep., 319.
As to the construction of mortgages, see, Perry v. Craig, 3 Mo.
Rep., 360; Desloge v. Ranger, 7 Mo. Rep., 327. A mortgage deed may be
assigned by writing, unsealed. Crinion v. Nelson, 7 Mo. Rep., 466. If a
creditor, whose debt is due by installments, and secured by mortgage, sell
the whole of the mortgaged premises under a judgment for the first install-
ment, he cannot afterwards, under a judgment for the second installment,
sell the same premises. Buford v. Smith, 7 Mo. Rep., 489. It is contrary
to the policy of the act, that a mortgagee should sue at law for the mort-
gage debt, and, under a judgment thus obtained, sell the premises mort-
gaged for the payment of that debt: such a sale is void, and the heirs of the
mortgager have a right to redeem the mortgaged property. McNair v.
O'Fallon, 8 Mo. Rep., 188. Vide, Benton v. O'Fallon, 8 Mo. Rep., 650;
Mullanphy v. Reilly, Ibid, 675. To make a sale, purporting to be absolute,
a mortgage, it must be so considered and intended by all the parties thereto.
Holmes v. Fresh, 9 Mo. Rep., 200. A mortgage cannot be assigned, unless
the debt, to secure which the mortgage is given, be also assigned. They
N 2-VOL. II.
1088
MORTGAGES.
Deeds of
trust in the na-
ture of mort-
gages may be
foreclosed,
and property
sold.
Petition,
where to be
filed.
Proceedings
in case of the
death of mort-
gagee, or as
signee, or
mortgager.
Summons to
CHAP. 113.
SEC. 2.-Deeds of trust, in the nature of mortgages, may,
at the option of the cestui que trusts, their executors or admi-
nistrators, or assignees, be foreclosed by them, and the pro-
perty sold in the same manner, in all respects, as [in case of]
mortgages.
SEC. 3.-If any part of the property be real estate, the
petition may be filed in any county where any part of the
mortgaged premises is situated; if it be exclusively personal
estate, it may be filed, and proceeded with as in other civil
actions.
SEC. 4.—In case of the death of the mortgagee or his
assignee, or of the mortgager, whether before or after action
brought, the personal representative of the deceased party
shall be made plaintiff or defendant, as the case may re-
quire. (a)
SEC. 5. Summons shall issue, and be served and re-
issue, how; turned in like time and manner, as in ordinary civil actions.
service and
return.
may be assigned together, and the assignee can foreclose at law. Thayer v.
Campbell, 9 Mo. Rep., 277. A mortgage given to secure separate debts due
to several persons, conveys a general interest and right of action to each,
Ibid. Vide,
and may be proceeded on by one, without joining the others.
Walton v. Withington, 9 Mo. Rep., 545; White v. Todd, 10 Mo. Rep., 189.
A mortgager, and those claiming under him, are estopped from saying that
no title was conveyed to the mortgagee. Bailey v. Lincoln Academy, 12 Mo.
Rep., 174.
And after judgment and before sale, the mortgagee may main-
tain an action of trover, to recover the value thereof. 12 Mo. Rep., 112.
Vide, Clark v. Condit, 13 Mo. Rep., 222. A mortgagee of personal property
is, after the day of redemption is passed, regarded, in law, as the absolute
owner, and may dispose of the property. Robinson v. Campbell, 8 Mo. Rep.,
As to the difference
365; Yeldell & Barnes v. Stemmons, 15 Mo. Rep., 443.
between mortgages and conditional sales and pledges, see, Desloge v. Ranger,
7 Mo. Rep., 327; Williams v. Rorer, Ibid, 556; Brant v. Robertson, 16 Mo.
Rep., 129. No conveyance can be a mortgage, unless it is made to secure
the payment of a debt or the performance of a duty, either existing at the
time the conveyance is made, or to be created, or to arise in the future.
Ibid. Vide, Kennedy v. Hammond, 16 Mo. Rep., 341. A gave B a bond,
bearing six per cent. interest, secured by deed of trust on a slave.
wards, without intending to abandon his lien on the slave, B takes from A
a new bond, bearing ten per cent. interest, and gives up the old bond. Held,
B, by this act, does not lose his lien on the slave, but in such case the slave
is only subject to a lien for the amount of the old bond, with six per cent.
Parol evidence is admis-
interest. McDonald v. Hulse, 16 Mo. Rep., 503.
sible, to show that a bill of sale, absolute on its face, was intended as a
mortgage. Johnson v. Huston, 17 Mo. Rep., 58. The maker of a note se-
cured by mortgage cannot, as against a third party owning the equity of
redemption, increase the charge upon the land by confessing a judgment,
and thus compounding the interest. McGready v. McGready, 17 Mo. Rep.,
597. Vide, Moreau v. Detchemendy, 18 Mo. Rep., 522; Bollinger v. Chou-
teau, 20 Mo. Rep., 89; Schneider v. Staihr. 20 Mo. Rep., 269; Anthony v.
Rogers, Ibid, 281; Chouteau v. Burlando, Ibid, 482.
After-
The circuit court has jurisdiction
(a) See, section sixteen of this act.
over a suit for the foreclosure of a mortgage, as well after the death of the
mortgager as before. Ayres v. Shannon, 5 Mo. Rep., 282.
MORTGAGES.
1089
CHAP. 113.
SEC. 6.-Any person claiming an interest in the mort-
gaged property may, on motion, be made defendant to any
such proceedings, and may answer in avoidance or bar of the
deed, or debt or damages, and issue shall be made and tried
as in ordinary civil actions. (a)
SEC. 7. — All incumbrancers, or persons having an interest
existing at the commencement of the suit, subsequent as well
as prior in date to the plaintiff's mortgage, provided the
same shall be of record in the county where the same may
be situated at the commencement of the suit, shall be made
parties, otherwise they shall not be bound by the judg-
ment. (6)
SEC. 8.-If any plaintiff shall allege in his petition, that
the mortgager or other defendant is not a resident of this
State, or that his place of residence is unknown, or that he is
dead, and there is no personal representative in this State, or
that his name or place of residence is unknown, the court or
clerk being satisfied of the truth of any of said facts, shall
make an order of publication, which shall conform, as near
as may be, to orders of publication in ordinary civil actions,
and shall be published in like manner as said orders.
Claimant of
interest to be
made a de-
fendant, how.
Incumbran-
cers and per-
sons having an
interest, to be
made parties.
Order of pub-
lication, when
and how made.
be rendered,
SEC. 9.— Judgment by default shall be rendered against Judgment
any defendant, who, after being summoned or notified, shall by default to
not appear, and answer at the time allowed in ordinary when.
actions.
SEC. 10. When the mortgager is not summoned, but
notified by publication, and has not appeared, the judgment,
if for the plaintiff, shall be, that he recover the debt and
damages, or damages, found to be due, and costs, to be levied
of the mortgaged property, describing it as in the mort-
gage. (c)
SEC. 11.-When the mortgager has been duly summoned,
or appears to the action, the judgment, if for the plaintiff,
shall be as in the preceding section specified, with the addi-
(a) Milam v. Bruffee, 6 Mo. Rep., 635; 9 Mo. Rep., 279.
(6) Mullanphy v. Simpson, 3 Mo. Rep., 345. The only effect of a failure
by a mortgagee to make a subsequent incumbrancer a party, is to leave his
right to redeem still open. It will not defeat an action for the possession
by the mortgagee claiming under the foreclosure. Valentine v. Havener,
20 Mo. Rep., 133.
(c) Vide, Scott v. Jackson, 2 Mo. Rep., 85. A judgment of foreclosure
against a mortgager who was dead at the commencement of the suit, is
void. Bollinger v. Chouteau, 20 Mo. Rep., 89.
Mortgager
not summon-
ed or appear-
ing, what the
judgment
shall be.
If summoned
what the judg
or appearing,
ment shall be.
1090
MORTGAGES.
Execution to
CHAP. 113.
tion, that if the mortgaged property be not sufficient to
satisfy said debt [and] damages, or damages, and costs, then
the residue to be levied of other goods, chattels, lands and
tenements, of said mortgager. (a)
SEC. 12.-The execution to be issued shall be a special
be a special fieri facias, directed to the sheriff, and shall be in conformity
to the judgment.
fieri facias.
When re-
turnable;
SEC. 13. Such writs shall be returnable as executions,
sales under, and the advertisement, sale and conveyance, of real or per-
how to be con-sonal estate, under the same, shall be made as under ordinary
executions. (b)
ducted.
Fieri facias,
rected.
SEC. 14.-If such mortgage be for real estate, such writ
where di- of fieri facias shall be directed to the sheriff of the county
in which the same is situated; and if it be for personal pro-
perty, it may be directed to any county.
Title which
acquires.
SEC. 15.-A purchaser under a sale by virtue of an exe-
the purchaser cution on a judgment rendered under this act, shall take a
title as against the parties to the suit, and he shall not be
permitted to set it up against the subsisting equity of those
incumbrancers who are not parties to the same, and who are
required to be made parties thereto by the seventh section of
this act. (c)
Where per-
sonal repre-
SEC. 16.- When the personal representative of the mort-
sentative has gager has been duly summoned, or appears to the action, the
been summon-judgment, if for the plaintiff, shall be as before directed; and
ed or appears, if, in such case, the mortgaged property be insufficient to
ment shall be satisfy the debt and damages, or damages, and costs, the
judgment, as to the residue, shall have the effect of a judg-
ment against an executor or administrator as such.
what judg-
rendered.
Mortgages
SEC. 17. — Mortgages of leasehold estates shall be pro-
of leasehold ceeded on as in mortgages of real estate.
estates.
Proceedings
in suits under
this act.
SEC. 18.- In all suits commenced in virtue of this act,
(a) Vide, Schneider v. Staihr, 20 Mo. Rep., 269.
(b) McNair v. Biddle, 8 Mo. Rep., 257. After a mortgagee has obtained
judgment of foreclosure and sale against the mortgager, another creditor
may sell the equity of redemption of the mortgager under execution, and
the mortgagee may become the purchaser of such equity. Benton v. O'Fal-
lon, 8 Mo. Rep., 650. Vide, Cooley v. Rankin, 11 Mo. Rep., 642; Coffman
v. Huck, 19 Mo. Rep., 435; Miles v. Davis & Taylor, 19 Mo. Rep., 408;
Hobein v. Murphy, 20 Mo. Rep., 447.
(c) A purchaser under the foreclosure of a mortgage takes the title,
divested of all rights and interests derived from the mortgager subsequent
to the mortgage. Russell v. Mullanphy, 4 Mo. Rep., 319.
MORTGAGES.
1091
CHAP. 113.
the proceedings shall conform, as near as may be, to the pro-
ceedings in ordinary civil actions.
mortgageů
than slaves
without suit,
when. Notice,
how and when
given.
SEC. 19. — In all mortgages in which personal estate On notice,
other than slaves, only, is conveyed, and the debt, exclusive personal pro-
of interest, secured by the same, shall not exceed one hun-perty other
dred dollars, it shall and may be lawful for the mortgagee, may be sold
or his personal representatives, upon default being made in
the payment of the mortgaged debt, by the mortgager or his
legal representatives, to sell the mortgaged property, or so
much thereof as will satisfy his debt, giving the mortgager,
after default shall have been made in the payment of the
mortgaged debt, sixty days' previous notice, in writing, that
the mortgaged property will be sold, unless the debt secured
by it is paid, and giving thirty days' notice of the time and
place of sale: the notice to be published in the same manner
as a sheriff's notice of the sale of real estate.
SEC. 20.- All mortgages of real or personal property, or
both, with powers of sale in the mortgagee, and all sales
made by such mortgagee or his personal representatives, in
pursuance of the provisions of such mortgages, shall be valid
and binding by the laws of this State upon the mortgagers,
and all persons claiming under them, and shall forever fore-
close all right and equity of redemption of the property so
sold. (a)
Mortgages
with powers
of sale in
mortgagee,
and all sales
made by such
mortgagee, to
be valid and
binding.
ment of satis-
faction to be
cord.
SEC. 21.-If any mortgagee, trustee, or cestui que trust, Acknowledg-
his executor or administrator, or assignee, receive full satis-
faction of any mortgage or deed of trust, he shall, at the entered of re-
request of the person making the same, acknowledge satis-
faction of the mortgage or deed of trust, on the margin of
the record thereof, or deliver to such person a sufficient deed
of release of the mortgage or deed of trust. (b)
SEC. 22.-If any such person thus receiving satisfaction.
do not, within thirty days after request, acknowledge satis-
faction on the margin of the record, or deliver to the person
Forfeiture
for failure to
acknowledge
satisfaction,
or execute a
deed of re-
(a) Carson v. Blakey, 6 Mo. Rep., 273. Destrehan v. Scudder, 11 Mo. lease.
Rep., 484. Doniphan v. Paxton, 19 Mo. Rep., 288. Where there are three
successive deeds of trust on real estate, the surplus proceeds of a sale under
the second must be applied in payment of the third, and not of the first.
Helweg v. Heitcamp, 20 Mo Rep., 569.
(b) The effect of the satisfaction of a mortgage is to extinguish the in-
cumbrance upon the title, for the benefit of whoever is the owner at the
time. Gale v. Mensing, 20 Mo. Rep., 461.
1092
MORTGAGES.
Attorney in
fact empower-
ed to execute
a deed of re-
lease; effect
of such deed.
cate to be
CHAP. 113.
making satisfaction a sufficient deed of release, he shall for-
feit to the party aggrieved ten per cent. upon the amount of
the mortgage or deed of trust money, absolutely, and any
other damages he may be able to prove he has sustained, to
be recovered in any court of competent jurisdiction. (a)
SEC. 23. Any attorney in fact, to whom the money due
on any mortgage or deed of trust is paid, shall have power
to execute said release, as specified in section twenty-one of
this act. Such acknowledgment of satisfaction thus made, or
such deed of release duly acknowledged and recorded, shall
have the effect to release the mortgage or deed of trust, and
bar all actions brought thereon, and revest in the mortgager,
or person who executed the deed of trust, or his legal repre-
sentatives, all title to the property contained in such mort-
gage or deed of trust.
Redemption, SEC. 24. If such property be redeemed by payment to
by payment to
officer before the officer before the sale, such officer shall make a certificate
sale, certifi- thereof, and acknowledge the same before some officer au-
given; to be thorized to take acknowledgments of deeds for lands; and
recorded; ef- such certificate shall be recorded in the office in which the
mortgage or deed of trust is recorded, and shall have the
same effect as satisfaction entered on the margin of the
record.
fect thereof.
In St. Louis
county, the
St. Louis Land
SEC. 25.- In St. Louis county, the Land Court shall have
exclusive original jurisdiction of all proceedings had, in vir-
Court to have tue of this act, in relation to real estate, or where real estate
exclusive ju-
and personal property are embraced in the same mortgage, or
all proceed- deed of trust in the nature of a mortgage.
risdiction of
ings had in
virtue of this
act, &c.
Approved November 23, 1855.
(a) A case where this action could not be maintained. Phelps v. Relfe,
20 Mo. Rep., 479.
NEGROES AND MULATTOES.
1093
CHAP. 114.
CHAPTER CXIV.
NEGROES AND MULATTOES.
AN ACT CONCERNING FREE NEGROES AND MULATTOES. (a)
1. Who deemed a mulatto.
2. Negro or mulatto not to carry
arms without a license.
3. Weapons found in possession of
negro or mulatto, shall be for-
feited.
4. County court to bind as appren-
tices, free negroes or mulat-
toes between certain ages.
5. How the courts shall proceed
in such cases.
6. Clerk to keep a register; what
he shall enter therein.
7. Free negro or mulatto, not to
reside in this State without a
license.
8. County courts authorized to
grant licenses.
9. To what persons license shall
be granted.
10. Evidence to be produced to
county court before license
granted.
11. License to be granted, when;
what it shall contain.
12. How authenticated.
13. Authority of license.
14. Copy of license shall not be
granted, until, &c.
15. Duty of officers to seize copies.
of licenses and free papers,
when.
16. Duty of clerks relative to co-
pies of license and free pa-
pers.
17. Violation of law deemed a vio-
lation of the conditions of the
bond.
318. County court may declare li-
cense revoked, when.
19. Duty of free negro or mulatto
moving from one county to
another.
20. Fees allowed clerks under this
act.
21. This act to extend to persons
whose right of freedom was
acquired out of this State.
22. Persons bringing slaves into
this State entitled to free-
dom, &c., guilty of a misde-
meanor.
•
23. Officers to apprehend negro or
mulatto, and take him before
some justice of the peace.
24. Duty of harbor-master of the
city of St. Louis.
25. Penalty for introducing free
negroes into this State.
26. Justice may issue warrant to
apprehend a free negro or
mulatto, when.
27. Shall commit him as a runaway
slave, when.
28. May sentence him to pay a fine
and leave the State, when.
29. To stand committed until fine
and costs are paid. Proceed-
ings if judgment of the jus-
tice is not complied with.
30.
Duty of sheriff hiring such ne-
gro or mulatto.
31.
Time allowed negro or mulatto
to depart this State.
32. This act not to extend to cer-
tain cases.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows: —
SECTION 1.-Every person other than a negro, any one
of whose grandfathers or grandmothers is, or shall have
been, a negro, although all his or her other progenitors, ex-
cept those descending from the negro, may have been white
persons, shall be deemed a mulatto; and every such person,
(a) The statutes concerning free negroes and mulattoes, and slaves, were
not revised by the Legislature at its past session. A bill embracing their
revision passed the House, but failed in the Senate.
Who deemed
a mulatto.
1091
NEGROES AND MULATTOES.
Negro or
mulatto not to
carry arms
CHAP. 114.
who shall have one-fourth or more negro blood, shall, in like
manner, be deemed a mulatto.
SEC. 2.— No free negro or mulatto shall be suffered to
keep or carry any firelock, or weapon of any kind, or any
without a li- ammunition, without a license first had and obtained for the
cense.
Weapons
found in pos-
session of ne-
gro or mulat-
to shall be for-
feited.
County court
to bind as ap-
prentices free
negroes or mu-
lattoes.
How the
courts shall
proceed in
such cases.
therein.
purpose, from a justice of the peace of the county in which
such free negro or mulatto resides, and such license may be
revoked at any time by the justice granting the same, or by
any justice of the county.
SEC. 3.Any gun, firelock, or weapon of any kind, or
any ammunition, found in the possession of any free negro or
mulatto not having a license, as required by the last preced-
ing section, may be seized by any person, and upon due proof
thereof, before any justice of the peace of the county in
which such seizure shall have been made, shall be forfeited
by order of such justice, to the person making the seizure,
for his own use.
SEC. 4.-The several county courts are authorized and
required to cause to be brought before them all free negroes
and mulattoes, between the ages of seven and twenty-one
years, found within their county, and bind them out to be
apprentices or servants until they arrive at the age of twenty-
one years; but no colored apprentice shall be placed in com-
pany with a free white apprentice, to be taught any trade or
occupation.
SEC. 5. The courts shall proceed in such cases in the
same manner as is directed by law, in binding out children
chargeable to the county; and the apprentice or servant so
bound, and his master or mistress, shall be subject to the
same control, obligations and responsibilities, and shall have
the same rights and remedies, in all respects, as are or shall
be declared, by law, in cases of bound apprentices.
Clerk to SEC. 6. — The clerk of the county court shall keep a re-
keep a regis-
ter: what he gister of all such bound negro and mulatto apprentices and
shall enter servants, and enter therein the name, age and personal ap-
pearance, of servants and apprentices, the name, residence
and occupation, of the master or mistress, and the date of the
binding; which register shall be kept open to the inspection
of all
persons, at reasonable hours.
Free negro
or mulatto,
not to reside
within this
State, when.
SEC. 7.- No free negro or mulatto shall be permitted to
reside within this State, unless he obtain a license, or other-
NEGROES AND MULATTOES.
1095
CHAP. 114.
wise acquire a right to reside within the State, according to
the provisions of this act.
SEC. 8.The several county courts, in their respective
counties, are authorized to grant a license to any free negro
or mulatto, possessing the qualifications required by this act,
to reside within the State.
County court
grant license.
authorized to
To whom li-
cense shall be
SEC. 9. Such license shall not be granted to any free.
negro or mulatto, except: First, Such as were residents of granted.
this State on the second day of January, eighteen hundred
and forty, and continue to be such residents at the time of
the application; Second, Such as have been emancipated or
born free, within this State; Third, Such as have been, or
shall be, bound as apprentices or servants, according to the
laws of this State, and shall have faithfully served out their
terms of apprenticeship; Fourth, The husband or wife of a
slave, held and owned within this State, the parties having
been married before the first day of December, one thousand
eight hundred and thirty-five, with the consent of the master
or mistress of the slave; Fifth, The husband or wife of a
slave lawfully brought into this State by the owner, the
parties having been married, by consent of the owner of the
slave, before such slave was brought into this State; Sixth,
Free negroes or mulattoes who produce a certificate of citi-
zenship from some one of the United States.
SEC. 10. — When a free negro or mulatto shall make appli-
cation to a county court for a license, such free negro or
mulatto shall produce satisfactory evidence that he is of the
class of persons who may obtain such license, as specified in
the last preceding section, and that he is of good character
and behavior, and shall, moreover, enter into a bond to the
State, with one or more securities, the penalty of which bond
shall not exceed one thousand dollars, conditioned that such
free negro or mulatto shall be of good behavior.
Evidence to
be produced
to county
court, before
license grant-
ed.
License to
be granted,
shall contain.
SEC. 11. When the provisions of the preceding section.
are complied with, the county court may grant the applicant when; what it
a license to reside within this State; and such license shall
contain a description of the applicant, his name, age, size,
personal appearance and occupation, and shall authorize him
to reside within the State as long as he shall be of good
behavior, and no longer.
How au
SEC. 12.- Such license shall be authenticated by the seal thenticated.
0- - VOL. II.
-
1096
NEGROES AND MULATTOES.
Authority
of license.
Copy of li-
cense shall not
be granted un-
til, &c.
Duty of offi-
cers to seize
copies of li-
censes and
free papers,
when.
Duty of
clerks relative
free papers.
CHAP. 114.
of the court, and the clerk, before delivering the same to the
applicant, shall enter in a register, to be kept for that pur-
pose, an abstract of all licenses so issued, and shall endorse
on the license a certificate of such registry.
SEC. 13.-Every license issued and registered according
to the foregoing provisions, shall, until the same is revoked,
authorize the person therein named and described, and his or
her children under the age of twenty-one years, to reside
within this State.
SEC. 14.-But no copy of such license shall be issued, or
made out and certified, and delivered to any free negro or
mulatto within this State, until the clerk of the court, or the
court in term, shall be satisfied that the applicant is upon the
eve of leaving the county in which the order was made
granting the same; and if such applicant shall return to said
county, after having had a copy of the same delivered to him,
he shall, within five days after such return to said county,
deposit the said copy of said license with the clerk issuing
the same.
SEC. 15.-It shall be the duty of the sheriffs of the
several counties in this State, and the constables of townships
and cities, and the deputies of each, within their respective
jurisdictions, to seize and take away from all free negroes
and mulattoes, all copies of licenses granted by virtue of this
act, and all other free papers found in the possession of any
such free negro or mulatto, and deposit the same in the
office of the clerk of the county court of the proper county,
for safe-keeping, unless such free negro or mulatto be travel-
ing on a journey, or about to start upon a journey.
SEC. 16.-It shall be the duty of each of the clerks of
to copies of the several county courts in this State to receive and safely
licenses and keep the copies of licenses and other free papers, of any free
negro or mulatto, in the county of which he is clerk; and
any free negro or mulatto who shall refuse to deliver to any
sheriff or constable, as specified in the last preceding section,
any copy of a license, or his free papers, may be taken to
the jail of the county, and committed till he deliver over the
same; and any free negro or mulatto who shall neglect, for
more than five days, to return any copy of his license, or any
free paper, to the clerk of whom he may have received the
same, after he shall have returned from any journey, may be
NEGROES AND MULATTOES.
1097
CHAP. 114.
taken before any justice of the peace of the county, and
sentenced to receive not exceeding thirty lashes, in the dis-
cretion of the justice.
Violation of
SEC. 17.- Any violation of law shall be deemed a viola-
tion of the condition of the bond required by the tenth law deemed a
section of this act.
violation of
bond.
County court
may declare
license revok-
SEC. 18. The county court shall, upon the conviction of
such licensed free negro or mulatto for any crime or misde-
meanor, not amounting to a felony, declare such license re-ed, when.
voked and forfeited, and shall cause such free negro or mu-
latto to be sent out of the State, at the expense of such free
negro or mulatto; and if such free negro or mulatto has not
the means, then at the expense of the county.
negro or mu-
latto remov-
ing from one
other.
county to an-
SEC. 19. When any licensed free negro or mulatto shall Duty of free
remove from one county to another, within this State, he shall
produce his license to the clerk of the county court of the
county into which he shall so remove, and such clerk shall
register the same, and endorse thereon a certificate of such
registry, and file the same in his office for safe-keeping.
Fees of
clerks under
SEC. 20. The several clerks shall be entitled to receive
for each license issued under the provisions of this act, fifty this act.
cents, and for each registry of any such license, twelve and
a half cents, to be paid by the applicant.
SEC. 21.- Every free negro or mulatto whose right to
freedom shall have accrued without this State, although such
right may have been established by suit in this State, shall
be treated as if he had been actually free at the time of his
coming or being brought into this State, and, as such, shall
be subject to the provisions of this act.
SEC. 22.-Every person who shall bring, or cause to be
brought, into this State, any slave entitled to freedom at a
future period, shall be deemed guilty of a misdemeanor, and,
on conviction thereof, shall be punished by a fine not exceed
ing five hundred dollars, or by imprisonment in a county jail
not exceeding six months, and shall, moreover, give bond
with security for conveying, or causing to be conveyed, such
slave to the State or county from which he was brought. (a)
SEC. 23. It shall be the duty of every sheriff, consta-
(a) See Constitution of this State, article three, section twenty-six, clause
two.
This act to
extend to per-
sons whose
right of free-
dom was ac-
quired out of
this State.
Persons
bringing
slaves into
this State en-
titled to free-
deemed guilty
dom,
&c.,
of a misde-
meanor.
Officers to
apprehend ne-
gro or mulat-
to, when.
1098
NEGROES AND MULATTOES.
Duty of har-
bor-master of
the city of St.
Louis.
Penalty for
introducing
free negroes
into this State.
Justice may
issue warrant
to apprehend
free negro or
mulatto,
when.
Shall com-
CHAP. 114.
ble, coroner and marshal, whenever he shall know, or have
cause to believe, that there is in his county a negro or mu-
latto not authorized to reside within this State, to apprehend
such negro or mulatto and take him before some justice of
the peace.
SEC. 24.-The harbor-master of the city of St. Louis shall
report to the recorder of said city the arrival of any steam-
boat or other vessel, having on board any free negro or mu-
latto not authorized to remain within this State, and such
recorder shall possess all the powers, and perform the duties,
intrusted by this act to justices of the peace.
SEC. 25. — Any person who shall introduce into this State
any free person of color, contrary to the provisions of this
act, or who shall employ, harbor, or entertain such person,
after he is so introduced or brought within this State, shall
be guilty of a misdemeanor, and, upon conviction, shall be
punished by a fine not less than fifty dollars, nor exceeding
two hundred dollars.
SEC. 26. Whenever any justice of the peace shall re-
ceive satisfactory information that any negro or mulatto not
entitled to residence in this State is within his county, he
shall issue his warrant to apprehend and bring such negro
or mulatto before him.
SEC. 27. Whenever any negro or mulatto shall be
mit him as a brought before any justice or other officer, such magistrate
or court, unless satisfied that such negro or mulatto is a free
person, shall commit him as a runaway slave.
runa wa y
slave, when.
May sen-
tence him to
To stand
SEC. 28. If such negro or mulatto appear to be a free
pay a fine and person, but without a license to reside in this State, and
leave the without a certificate of his citizenship in some other State,
State, when.
attested by the seal of a court of record of the State of
which he claims to be a citizen, the justice shall sentence him
to pay a fine of ten dollars, and forthwith to leave the State.
SEC. 29. The person convicted under the preceding sec-
committed tion shall stand committed until the fine and costs are paid;
and if the judgment of the justice is not complied with be-
fore the term of the county court next holden in the county,
such court shall cause the prisoner to be brought before it,
and if he does not then establish his right to residence within
the State, the court may, in its discretion, order him to re-
ceive not less than ten, nor more than twenty lashes, and
until fine and
costs are paid.
Proceedings,
if judgment of
the justice is
not complied
with.
NEGROES AND MULATTOES.
1099
CHAP. 114.
immediately depart the State, or order the sheriff to hire him
out for such time as shall be sufficient to raise from the hire,
the fine, costs and expenses of imprisonment.
SEC. 30.-The sheriff hiring out any such negro or mu-
latto shall take, from the person hiring him, a bond to the
county, in the sum of five hundred dollars, with such security
as the sheriff shall approve, conditioned that the person hiring
will pay the hire, and, during the term, (to be specified in the
bond,) will keep the person hired employed in his own service,
and provide him with sufficient food, clothing and lodging,
and not permit him to go at large as a free person.
SEC. 31.- Every free negro or mulatto not entitled to
reside within this State shall be allowed three days, and one
additional day for every twenty miles he must necessarily
travel, to depart this State, after any order to depart, dis-
charge from arrest or service; and if he shall remain in the
State longer, he shall be proceeded against as provided for
in the first instance.
Duty of she-
riff hiring out
such negro or
mulatto.
Time allow-
ed negro 01
mulatto to de-
part this State
This act not
to extend to
SEC. 32. The provisions of this act shall not apply to
any person traveling into or through this State, having any certain cases.
free negro or mulatto with him as a servant, and who shall,
during the whole of his stay in this State, remain in his ser-
vice, and depart the State with him; but no such free negro
or mulatto shall be permitted to remain in this State for a
longer period than six months at a time.
Approved March 26, 1845.
AN ACT TO AMEND "AN ACT CONCERNING FREE NEGROES AND MULATTOES,'
APPROVED MARCH TWENTY-SIX, ONE
FORTY-FIVE.
THOUSAND EIGHT HUNDRED AND
8 1. Licensed free negro, removing
2.
Duty of certain officers.
to another county, to give
bond, where and how; effect
3.
For failure to comply with the
of failure to give bond.
law on the part of negro,
duty of officers.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.-Whenever any free negro or mulatto, duly
licensed to reside in this State, shall remove from the county
in which such license is granted to any other county in this
State, he shall give bond in the county to which he shall so
Licensed
free negro, re-
moving to an-
other county,
certain duties.
to perform
1100
NEGROES AND MULATTOES.
Duty of
sheriff, con-
stable,
shal.
coro-
СНАР. 114.
remove, in the manner required by the tenth section of the
act to which this is an amendment. No free negro or mu-
latto shall be permitted to reside in any county in this State
to which he shall so remove, unless such free negro or mulatto
shall first give bond as above required.
SEC. 2.It shall be the duty of every sheriff, constable,
coroner or marshal, whenever he shall know, or have cause to
ner and mar- believe, that there is any free negro or mulatto in his county
who has not complied with the provisions in the first section
of this act, or the nineteenth section of the act to which this
is an amendment, to apprehend such negro or mulatto and
take him before some justice of the peace of said county, and
if it appear to such justice that such free negro or mulatto
has not complied with the provisions of this act, and the act
to which this is an amendment, to sentence such free negro
or mulatto to pay a fine of ten dollars, and to leave such
county forthwith.
Failure to SEC. 3.- If any free negro or mulatto shall fail or refuse
comply with
the law on the to comply with the sentence of said justice, it shall be the
part of ne- duty of the sheriff, constable, or other officer, to commit him
gro, duty of
officers. to the county jail until the sentence of the justice is com-
plied with, or such free negro or mulatto shall consent to
leave such county.
This act to take effect from and after its passage.
Approved February 16, 1847.
Negroes or
mulattoes not
AN ACT RESPECTING SLAVES, FREE NEGROES AND MULATTOES.
21. Negroes or mulattoes not to be | % 4. No free negro or mulatto to
taught to read or write.
2. Where preacher is negro or
mulatto, certain officers to be
present at service, to prevent
disorderly conduct.
3. Certain specified meetings un-
lawful; how suppressed.
emigrate to this State.
5. Punishment for violation of
this act.
6. Free negroes and mulattoes
under twenty-one years, for
certain causes, not to be
bound out in this State.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.-No person shall keep or teach any school
to be taught for the instruction of negroes or mulattoes, in reading or
to read or
write.
writing, in this State.
NOTARIES PUBLIC.
1101
CHAP. 115.
Where
preacher is
latto, certain
officers to be
present at
SEC. 2. — No meeting or assemblage of negroes or mulat-
toes, for the purpose of religious worship or preaching, shall negro or mu-
be held or permitted where the services are performed or con-
ducted by negroes or mulattoes, unless some sheriff, consta-
ble, marshal, police officer or justice of the peace, shall be service.
present during all the time of such meeting or assemblage,
in order to prevent all seditious speeches, and disorderly and
unlawful conduct of every kind.
SEC. 3. — All meetings of negroes or mulattoes, for the
purposes mentioned in the two preceding sections, shall be
considered unlawful assemblages, and shall be suppressed by
sheriffs, constables, and other public officers.
Certain spe-
cified meet-
ings unlawful;
how sup-
pressed.
No free ne-
gro or mulatto
SEC. 4. No free negro or mulatto shall, under any pre-
text, emigrate to this State, from any other State or Terri- to emigrate to
tory. (a)
this State.
Punishment
for violation of
SEC. 5.-If any person shall violate the provisions of this
act, he shall, for every such offence, be indicted and punished this act.
by fine not exceeding five hundred dollars, or by imprison-
ment not exceeding six months, or by both such fine and
imprisonment.
SEC. 6.- Free negroes and mulattoes who are under the
age of twenty-one years, and who would not be entitled to
receive from the county court a license to remain in this
State, if they were twenty-one years old, shall not be bound
out as apprentices in this State.
Approved February 16, 1847.
Certain free
negroes
and
mulattoes,
not to be
bound cut.
CHAPTER CXV.
NOTARIES PUBLIC.
AN ACT RESPECTING NOTARIES PUBLIC.
8 1. Governor to appoint notaries ? 5. In case of vacancy, his records
in this State; term of office.
2. Power to administer oaths.
3. Their powers and duties.
4. To keep a record, &c.
and papers to be delivered to
the recorder.
6. To provide a notarial seal, and
authenticate his official acts.
(a) See, Constitution of the State, article three, section twenty-six, third sub-division,
clause one.
1102
NOTARIES PUBLIC.
Governor to
appoint nota-
CHAP. 115.
8 7. Before entering on duty, he ? 10. Governor may appoint notaries
shall take an oath and give
bond; condition thereof.
8. Bond and commission shall be
recorded; bond to be filed in
office of Secretary of State.
9. Limitation of actions against
notaries.
&
in the Territories of the Uni-
ted States; term of office;
powers and duties.
11. If the office of any such notary
become vacant, his books and
papers shall go to his suc-
cessor.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.-The Governor shall appoint and commission.
ries; term of in each county in this State, as occasion may require, one or
more notaries public, who shall hold their offices for four
years.
office.
Power to
administer
oaths.
Their pow-
ers and duties.
p. 247.
SEC. 2.—They may administer oaths and affirmations in
all matters incident or belonging to the exercise of their
notarial offices.
SEC. 3.-They may receive the proof or acknowledgment
of all instruments of writing relating to commerce and navi-
gation; take and certify relinquishments of dower of married
women, the proof or acknowledgment of deeds, conveyances,
Acts 1851, powers of attorney, and other instruments of writing, in like
cases, and in the same manner and with like effect, as clerks
of courts of record are authorized by law; take and certify
depositions and affidavits, and administer oaths and affirma-
tions, and take and perpetuate the testimony of witnesses, in
like cases and in like manner as justices of the peace are
authorized by law; make declarations and protests, and cer-
tify the truth thereof under their official seals, concerning all
matters by them done by virtue of their office; and shall have
all the power and perform all the duties of register of boat-
men. (a)
To keep
record, &c.
a
In case of
vacancy, his
papers deli-
vered to re-
corder.
SEC. 4.-Every notary shall keep a fair record of his
official acts, except those connected with judicial proceedings,
and those for whose public record the law provides; and, if
required, shall give a certified copy of any record in his office,
upon the payment of the fees therefor.
SEC. 5.—If any notary die, resign, be disqualified, or re-
(a) Robinson v. Johnson, 1 Mo. Rep., 308. Where an officer performs
any act in pursuance of a duty enjoined on him by law, his official state-
ment of its performance is evidence thereof. Moore v. Bank of the State
of Missouri, 6 Mo. Rep., 379. Vide, ex parte McKee, 18 Mo. Rep., 599.
Ex parte Mallinkrodt, 20 Mo. Rep., 493.
NOTARIES PUBLIC.
1103
CHAP. 115.
move from the county, his record, and official and public
papers of his office, shall, within thirty days, be delivered to
the recorder of the county, to be delivered to his successor,
when qualified.
SEC. 6.-Every notary shall provide a notarial seal, con-
taining his name, sur-name of office, and name of the county
of his residence, and he shall authenticate all his official
acts, attestations and instruments, therewith.
To provide
a notarial seal,
Shall take
an oath and
SEC. 7.-Every notary, before entering on the duties of
his office, shall take the oath of office, (a) which shall be en- give bond.
dorsed on his commission, and shall give bond to the State
in the sum of five hundred dollars, with two securities, con-
ditioned for the faithful performance of the duties of his
office.
SEC. 8. Such bond, commission and oath, shall be re-
corded in the recorder's office of the county, and the bond
shall be filed in the office of the Secretary of State, and may
be sued on by any party injured.
Bond, &c.,
shall be re-
corded, where.
Limitation
of actions
SEC. 9.-No suit shall be instituted against any such
notary or his securities more than three years after such against nota-
cause of action accrues.
ries.
Governor
inay appoint
notaries in the
Territories of
the United
States; term
SEC. 10.-The Governor shall appoint and commission in
each of the Territories of the United States one or more
notaries public, who shall hold their offices for the term of
six years, and until their successors be duly commissioned
and qualified, who shall have the same powers, perform the of office; pow-
same duties, receive the same fees, and be under the same
restrictions and penalties, as notaries public in this State.
SEC. 11. If, from any cause, the office of any such notary
become vacant, the books and papers belonging to his office vacancy,
shall be delivered to his successor.
Approved November 20, 1855.
(a) See, article three, section thirty-two, of the Constitution of the State.
ers and duties.
New section.
In case of
his books and
papers shall
go to his suc-
cessor.
o 2— VOL. II.
1104
NOXIOUS ANIMALS.
CHAP. 116.
Diseased
cattle not to
CHAPTER CXVI.
NOXIOUS ANIMALS.
AN ACT CONCERNING NOXIOUS ANIMALS. (a)
1. Diseased cattle not to go at
large; cattle affected with
Spanish fever not to be driven
into or through this State.
Penalty for violation of this
section.
2.
3.
Duty of justice, when; liability
of the owner for damages.
Compensation of officer for
killing cattle; forfeiture for
failing to kill when directed.
4. Fines, &c., to be recovered.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.- Every person shall so restrain his diseased
go at large; or distempered cattle, or such as are under his care, that they
cattle affected may not go at large off the land to which they belong; and
with Spanish
fever not to be no person shall willfully and knowingly drive any diseased or
driven into or distempered cattle, affected with what is commonly known as
through this
Texas or Spanish fever, or any other infectious disease, into
or through this State, or from one part thereof to another,
unless it be to remove them from one piece of ground to an-
other of the same owner. Any person offending against this
section in either respect, shall, on conviction thereof, forfeit
twenty dollars for every head of such cattle, and be liable
for all damages.
State. Pe-
lation of this
nalty for vio-
section.
Duty of jus-
tice, when;
liability of the
owner for da-
mages.
Compensa-
tion of officer
for killing cat-
tle; forfeiture
for failing to
kill when di-
rected.
SEC. 2.-Any justice of the peace, upon proof before
him that any cattle are going at large, or are driven in or
through his county in violation of the preceding section, may
direct the owner or his agent to impound them, and if he fail
to do so, or suffer them to escape from the pound before ob-
taining from a justice residing in such county a certificate
that they may be removed with safety, the justice giving such
direction, or some other justice, shall order them to be killed,
and the owner thereof shall be held liable for all damages.
SEC. 3.-The constable or any other person who may
execute the order of any justice, as aforesaid, to kill any cat-
tle, shall have one dollar for each head, to be paid by the
owner in each case, if he be known, and if not, by the
county; and if any officer to whom any such order is di-
(a) This is a new law.
OATHS AND AFFIRMATIONS.
1105
CHAP. 117.
rected shall fail to execute it, he shall forfeit in each case an
amount equal to said fees.
SEC. 4. All fines and forfeitures incurred under the pro-
visions of this act shall be recovered by indictment.
Approved December 13, 1855.
Fines, &c.,
to be reco-
vered, how.
CHAPTER CXVII.
OATHS AND AFFIRMATIONS.
AN ACT CONCERNING OATHS AND AFFIRMATIONS.
8 1. Mode of administering oaths.
2. Person may be sworn with up-
lifted hand, when.
3. May affirm, when.
4. Court may swear a person in
his peculiar mode, when.
5. Person may be sworn accord-
ing to the peculiar ceremonies
of his religion.
6. Who admitted to be sworn.
7. Person not required to declare
his belief in the existence of a
Supreme Being, but his belief
or disbelief may be
be proven.
3 8. Last section not to extend to
infants and persons of weak
intellect.
9. Who shall have power to ad-
minister oaths.
10. Oath required to be taken before
a particular court or officer,
may be caken before any other
court or officer, unless, &c.
11. Oath may be taken according to
forms prescribed in this act;
swearing in such form deemed
lawful, and swearing falsely,
perjury.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.-The usual mode of administering oaths now
practiced, by the person who swears laying his hand on and
kissing the Gospels, shall be observed in all cases in which
an oath is or may be required, by law, to be administered, ex-
cept in the cases herein otherwise provided.
SEC. 2. Every person who shall desire it, shall be per-
mitted to swear with uplifted hand, in the following form:
"You do solemnly swear."
66
SEC. 3.—Every person who shall declare that he has con-
scientious scruples against taking an oath, or swearing in any
form, shall be permitted to make his solemn declaration or
affirmation, in the following form: "You do solemnly declare
and affirm."
any
Mode of ad-
ministering
oaths.
Person may
be sworn with
uplifted hand,
when.
May affirm,
when.
Court may
swear a per-
son in his pe-
culiar mode,
SEC. 4. Whenever the court or officer by whom
person is about to be sworn shall be satisfied that such per- when.
1106
OATHS AND AFFIRMATIONS.
Person may
be sworn ac-
CHAP. 117.
son has any peculiar mode of swearing connected with, or in
addition to, either of the forms in this act mentioned, which
is more solemn and obligatory in the opinion of such person,
the court or officer may adopt such mode of swearing.
SEC. 5.-Every person believing in any other than the
cording to the Christian religion, shall be sworn according to the peculiar
peculiar cere- ceremonies of his religion, if there be any such ceremonies,
instead of the modes herein before prescribed.
monies of his
religion.
Who admit-
ted to be
sworn.
Person not
required to
istence of a
SEC. 6.—Every person believing in the existence of a
Supreme Being, who will punish false swearing, shall be ad-
mitted to be sworn, if otherwise competent.
SEC. 7.-No person shall be required to declare his belief
declare his be- in the existence of a Supreme Being, or that he will punish
lief in the ex- false swearing, or his belief or disbelief of any other matter,
Supreme Be- as requisite to his admission to be sworn as a witness, or
ing, but his otherwise; but the belief or unbelief of every person offered
to be sworn as a witness may be proved by other and com-
petent testimony.
belief or dis-
belief may be
proven.
Last section
not to extend
persons
of
weak intellect
SEC. 8. The last section shall not be construed to pre-
to infants and vent any court or officer before whom an infant, or a person
apparently of weak intellect, shall be produced as a witness,
from examining such person to ascertain his capacity, and
the extent of his religious or other knowledge, nor to pre-
vent the court or officer from inquiring what are the peculiar
ceremonies observed by him in swearing which he deems ob-
ligatory. (a)
Who shall
have power to
oaths.
SEC. 9. Every court and judge, justice and clerk thereof,
administer and all justices of the peace, shall, respectively, have power
to administer oaths and affirmations to witnesses and others,
concerning any thing or proceeding depending before them,
respectively, and to administer oaths, and to take affidavits
and depositions within their respective jurisdictions, in all
cases where oaths and affirmations are required, by law, to be
taken. (6)
May be taken
before any
court or offi-
cer, unless,
&c.
SEC. 10. Whenever an oath or affirmation is required, by
law, to be taken before a particular court or officer, the same
may be done before any other court or officer empowered to
administer oaths, unless it is expressly prohibited; and when
(a) See, title Witnesses, section six, clause four.
(b) Hays v. Bouthalier, 1 Mo. Rep., 246; Kearney v. Woodson, 4 Mo.
Rep., 114.
OFFICERS.
1107
CHAP. 118.
no court or officer is named by whom an oath may be admi-
nistered, or affidavit taken, the same may be done by any
court or officer authorized to administer oaths.
SEC. 11. In all cases in which an oath or affirmation is
required or authorized, by law, the same may be taken in
any of the forms in this act prescribed, in the several cases
herein before specified; and every person swearing, affirming
or declaring, in any such form authorized by law, shall be
deemed to have been lawfully sworn, and to be guilty of per-
jury, for corruptly and falsely swearing, affirming or declar-
ing, in the same manner as if he had sworn by laying his
hand on the Gospels and kissing them.
Approved November 20, 1855.
Oath may be
taken accord-
ing to forms
prescribed in
this act;
swearing in
such form
deemed law-
ful, and false
perjury.
swearing,
CHAPTER CXVIII.
OFFICERS.
AN ACT CONCERNING OFFICERS.
1. Officer may call to his aid the % 4. Officer liable to injured party
power of the county.
2. Penalty for failing to obey sum-
mons of officer.
3. Officers to hold their offices un-
til their successors are com-
missioned and qualified.
for causing him to render ser-
vice, or expend time or money
illegally; exception in favor
of judicial officers.
5. Officers may break open doors,
&c., to execute process, when.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.—In all cases where, by the common law or a
statute of this State, any officer is authorized to execute any
process, he may call to his aid all free white male inhabitants
above the age of twenty-one years, in the county in which
the officer is authorized to act. (a)
SEC. 2.-If any such person shall refuse or neglect to
obey the summons of any such officer, such person shall be
fined in any sumn not exceeding fifty dollars, nor less than
five dollars.
(a) Blunt v. Sheppard, 1 Mo. Rep., 156.
Officer may
call to his aid
the power of
the county.
Penalty for
failing to obey
summons of
officer.
1108
OFFICERS.
CHAP. 118.
Officers to
hold their offi-
SEC. 3.-All officers, elected or appointed by the authority
ces until their of the laws of this State, shall hold their offices until their
successors are elected or appointed, commissioned and qua-
and qualified. lified. (a)
successors are
commissioned
Officer liable
to injured
causing him to
render ser-
vice, or ex-
pend time or
SEC. 4.-If any civil or military officer of this State
party for shall, by any official act, cause any person or persons, subject
to his order or control, to render services, or to expend time
or money in the performance of any service, not authorized
money illegal- by the laws of the land, the officer directing, ordering or
ly; exception compelling, the performance of such unauthorized service,
in favor of ju-
dicial officers. shall be liable to the person or persons performing such ser-
vice for the amount of all expenses they may incur, or time
lost in the performance of the same; and shall, also, be liable
to any person, body politic or corporate, for any injury which
may be sustained in consequence of such unlawful or unau-
thorized procedure, and the same shall be recoverable before
any justice of the peace or other court having competent ju-
risdiction. Nothing contained in this act shall extend to ju-
dicial officers, when acting judicially. (b)
Officers may
break open
doors, &c., to
execute pro-
cess, when.
SEC. 5.-Every officer may break open doors and enclo-
sures to execute a warrant, or other process, for the arrest of
any person, or to levy an execution, or execute an order for
the delivery of personal property, if, upon public demand,
and an announcement of his official character, they be not
opened.
Approved November 19, 1855.
(a) The appointment of a person to an office who has not the necessary
qualifications, is not void. He is, de facto, an officer, and his acts, until
his removal, are valid. St. Louis County Court v. Sparks, 10 Mo. Rep.,
Vide, State v. Ewing, 17 Mo. Rep., 515; State, ex rel. Treadway, v.
Lusk, 18 Mo. Rep., 333.
117.
(b) Davis v. Cooper, 6 Mo. Rep., 148; Stone v. Graves, 8 Mo. Rep., 148;
Boone County, v. Lowry, 9 Mo. Rep., 23. Where ministerial officers are
required to exercise their judgment, they are not liable for any errors, in
the absence of malice. Reed v. Conway, 20 Mo. Rep., 22.
PARTITION.
1109
CHAP. 119.
CHAPTER CXIX.
PARTITION.
AN ACT TO PROVIDE FOR THE PARTITION OF LAND AND PERSONAL
PROPERTY.
21. Joint-tenants, tenants in com- 26. Report shall be confirmed and
mon and coparceners, may pe-
tition for partition of lands.
2. In what court petition may be
presented.
27.
3. What the petition shall set
forth.
28.
29.
4. Parties in interest to be made
parties to the proceeding.
5. When the name or interest of
a party is unknown, what
course to be pursued.
6. Service of the petition, how
made, and by whom.
7. Notice of the application, how
directed.
8. Suits for partition, how insti-
tuted; what shall be the
form, service and return, of
a summons.
9. Notice by publication.
10. When the court shall proceed.
11. Any party in interest may be
made a party.
12. All pleadings, except as pro-
vided in this act, to be as
in ordinary actions.
13. Default to be entered, when.
14. Duty of court to give judg-
ment of partition.
15. Court may set off shares in one
parcel, and divide residue.
16. Parcel set off to several, how
held and enjoyed.
17. How the court may decide on
adverse claims.
18. Court shall appoint commis-
sioners to make partition,
when.
19. Commissioners shall take oath.
20. Shall proceed to make parti-
tion, how. If it cannot be
made without prejudice, pro-
ceedings.
21. How the commissioners shall
divide the land.
22. May divide the land into lots,
&c., and make return, when.
23. Commissioners to make report.
24. Report to be proved and ac-
knowledged, how.
25. May be set aside and new com-
missioners appointed.
judgment given, when. Ef-
fect of partition and judg-
ment.
A copy of report and judgment
to be recorded, where.
When premises or part of them
may be sold.
Proceedings when the com-
missioners report that a part
only of the shares have been
set off.
30. Effect of confirmation of re-
port, setting off parcel sub-
ject to adverse claim.
31. Report of commissioners and
plat of land laid out under
twenty-second section to be
filed with recorder.
32. What the order of sale shall
specify.
33. May be renewed, when.
34. Premises may be sold sepa-
rately or divided.
35. Duty of sheriff; shall make a
deed; effect thereof.
36. Sheriff and his securities re-
sponsible on his official bond
for his acts in cases of par-
tition.
37. When sheriff goes out of office,
he shall execute all unfi-
nished business relative to
cases of partition, unless, &c.
38. Compensation of the sheriff.
39. Sheriff to report his proceed-
ings to the court.
40.
41.
Proceeds of sale to be divided.
Shares of absent parties, how
invested.
42.
Sheriff to retain money arising
from sales of adverse claims.
43. Party claiming such moneys,
to file his petition in the cir-
cuit court.
44. Summons to issue, to whom,
and where directed.
45. Order of publication, when and
how made, how and where
published.
46. What defendant's answer shall
state; questions of fact to
be tried, how.
1110
PARTITION.
Joint-te-
nants, tenants
and coparce-
ners, may pe-
tition of lands.
CHAP. 119.
2 47. Judgment by default may be 59. When may premises, including
rendered, when.
48. Court shall adjudge and order
payment, when.
49. Joint-tenants and tenants in
common entitled to remedy
for partition.
50. Partition not to be made con-
trary to will of testator.
51. Authority of guardians in di-
vision of lands.
52. Court to appoint guardians,
when.
53. Such guardian required to
give bond, when; condition
thereof.
54. Real estate of decedent lying
in several counties, petition
may be filed in any county
by widow or adult children.
55. If it appear to the court that
parties in interest are adults,
commissioners to be appoint-
ed; to make affidavit.
56. Commissioners to make report,
when.
57. Report to be confirmed and
judgment rendered, when;
effect of the judgment.
58. If land not susceptible of di-
vision, proceedings.
dower interest, be ordered to
be sold.
60. What part of the proceeds of
sale may be loaned, by whom
and how; interest, after de-
ducting expenses, to be paid
annually to widow.
61. At death of widow, the portion
loaned for her use to be dis-
tributed, how.
Effect of such sale.
62.
63.
Vacancies of commissioners,
how filled.
64.
65.
Compensation of commission-
ers, markers and chainmen.
An attorney's fee shall be al-
lowed as costs in favor of
the attorney bringing the
suit.
66. Costs, how paid.
67. A majority of commissioners
have power to act.
68. Appeals and writs of error al-
lowed.
69. Power of circuit court to make
partition of slaves and other
personal property.
70. If it appear to the court that
partition cannot be made in
kind, sale may be ordered.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.- When any lands, tenements or hereditaments,
in common shall be held in joint-tenancy, [tenancy] in common or co-
parcenary, it shall be lawful for any one or more of the
tition for par- parties interested therein, to present a petition to the circuit.
court of the county wherein such lands, tenements or here-
ditaments lie, for a division and partition of such premises,
according to the respective rights of the parties interested
therein, and for a sale thereof, if it shall appear that par-
tition cannot be made without great prejudice to the
owners. (a)
In what
court petition
may be pre-
SEC. 2. When such lands, tenements or hereditaments,
shall lie in two or more counties in this State, such petition
shall be presented to the circuit court of the county in which
Acts 1853, any such premises are situated, and a majority of the parties
sented.
p. 113.
(a) A plaintiff may claim such a division of the land so that he will re-
ceive the benefit of, or compensation for, improvements made by him before
Husband and wife cannot
partition. Spitts v. Wells, 18 Mo. Rep., 468.
release to each other their respective interests in land by deed of partition.
Frissell v. Rozier, 19 Mo. Rep., 448.
PARTITION.
1111
CHAP. 119.
entitled thereto reside, and in case a majority of such parties
do not reside in any such county, or all of such parties are
non-residents of the State, the proceedings for partition shall
be had in the circuit court of that county in which an equal
or greater part of such premises may be. (a)
SEC. 3.-The petition shall particularly describe the
premises sought to be divided or sold, and shall set forth the
rights and titles of all parties interested therein, so far as
the same are known to the petitioner, including tenants for
years, for life, by the courtesy or in dower, and of persons
entitled to the reversion, remainder or inheritance, and of
every person who, upon any contingency, may be or become
entitled to any beneficial interest in the premises; and such
petition shall be verified by affidavit, as in ordinary civil
actions. (b)
What the
petition shall
set forth.
Parties in
SEC. 4.-Every person having any such interest as is interest to be
specified in the last section, whether in possession or other-made parties
wise, and every person entitled to dower in such premises, if to the pro-
the same has not been admeasured, may be made a party to
such petition.
SEC. 5.-In case one or more of such parties, or the
share or quantity of interest of any of the parties, be un-
known to the petitioner, or be uncertain or contingent, or the
ownership of the inheritance shall depend upon an executory
devise, or the remainder shall be contingent, so that such
parties cannot be named, the same shall be so stated in the
petition.
SEC. 6.—A copy of such petition, with notice that the
same will be presented to the court on some certain day in
term, or as soon thereafter as a hearing can be had, shall be
served at least twenty days previous to such term, on all
parties interested in the lands or tenements who shall not
have joined in the petition, and on the guardians of such as
are minors or of unsound mind.
SEC. 7.-The notice of such application shall be directed
to all the parties by name, whose names are known, whether
their interests are known or are uncertain, contingent or un-
known, and general to all others unknown, having any interest
in such premises.
(a) Yount v. Yount, 15 Mo. Rep., 383.
(b) Vide, Chouteau v. Paul, 3 Mo. Rep., 186.
P— VOL. II.
ceeding.
When the
name or in-
terest of a
party is un-
course to be
pursued.
known, what
Service of
the petition,
how made,
and by whom.
Notice of
the applica-
tion, how di-
rected.
1112
PARTITION.
Suits for
partition, how
the form, ser-
CHAP. 119.
SEC. 8.-Suits for partition may be instituted in the man-
instituted; ner above prescribed, or by filing in the office of the clerk of
the proper county the petition, and suing out thereon a writ
of summons against the defendants, which shall be in manner
and form, and be served and returned in like time and man-
ner, as writs issued in ordinary civil actions.
what shall be
vice and re-
turn, of a
summons.
Acts 1847,
p. 106.
Notice
publication.
by
SEC. 9.-If any of the parties having such interests are
unknown, or if any of the known parties reside out of the
State or cannot be found therein, and [an] affidavit of such
facts be filed in the clerk's office with the petition, a notice of
the application, describing the premises and of the object of
the petition, shall be published as in ordinary civil actions; or,
instead thereof as to any known absent parties, the petition
and notice may be served on them personally out of this
State, and, in either case, notice shall be deemed sufficient. (a)
SEC. 10. Upon the presentation of such petition, and
court shall due proof being made of the service thereof, with notice, of
[or] the publication, as required by the preceding provisions,
the court shall proceed therein as hereinafter directed.
When the
proceed.
Any party
in interest
may, on ap-
pearance and
application,
be made a
SEC. 11. Any person having an interest in the premises
sought to be divided or sold, whether such interest be present
or future, vested or contingent, though not made a party in
the petition, may appear and be made a party on application
for that purpose, accompanied by an affidavit of such interest.
Pleadings, SEC. 12.-All pleadings and proceedings under this act,
to be as in except as otherwise provided, shall be had as in ordinary civil
party.
except, &c.,
civil actions.
Default to
when.
actions.
SEC. 13.-If any of the parties, duly notified by per-
be entered, sonal service or publication according to the foregoing pro-
visions, shall not appear and answer within the time allowed.
for that purpose, the default shall be entered, but the peti-
tioners shall, nevertheless, exhibit proofs of their title. (6)
Duty of
court to give
judgment of
partition.
SEC. 14. The court shall ascertain from the evidence,
in case of a default, or from the confession of the parties if
they appear, or from the verdict by which any issue of fact
shall be determined, and shall declare the rights, titles and
interests, of the parties to such proceedings, petitioners as
(a) Hite v. Thompson, 18 Mo. Rep., 461.
(b) In proceedings under this act the interests of all the claimants should
be set forth and proved. McCabe v. Hunter, 7 Mo. Rep., 355; Millington
v. Millington, Ibid, 416.
PARTITION.
1113
CHAP. 119.
well as defendants, so far as the same shall have appeared,
and shall determine the rights of the parties in such lands,
tenements or hereditaments, and give judgment that partition
be made between such of them as shall have any right therein,
according to such rights. (a)
SEC. 15.-It shall be lawful for the court, in rendering
judgment of partition, to order and direct that any number
of shares be set off together in one parcel, and that the resi-
due be divided among the other parties, according to their
several rights.
SEC. 16. If partition be made according to such judg-
ment, and the report of the commissioners, as hereinafter
directed, be confirmed, the parcel so set off to several parties
shall thereafter be held and enjoyed by them, in like portions
and in the same estate as they before had in the whole.
SEC. 17.- Whenever it shall appear in any proceeding in
partition, that there are parties claiming the same portion
adversely to each other, the court may either decide upon
such adverse claims, or, in its discretion, direct the share or
shares so in controversy to be set off and allotted, subject to
the claims of the parties in controversy against each other.
SEC. 18. Whenever any judgment of partition shall be
rendered, the court shall, by rule or order, appoint not less
than three, nor more than five, respectable freeholders, resi-
dents of the county, or any of the counties, in which the
premises to be divided shall be situated, to make the partition
so adjudged, according to the respective rights and interests
of the parties as the same were ascertained and determined
by the court, and, in such rule or order, the court shall desig-
nate the part or share, if any, which shall remain undivided.
Court may
set off shares
in one parcel,
and divide re-
sidue.
Parcel set off
to several, how
joyed.
held and en-
How the
court may de-
cide on ad.
verse claims.
Court shall
appoint com-
missioners to
make parti-
tion, when.
Commission-
an oath.
SEC. 19. The commissioners, before proceeding to the
execution of their duties, shall make affidavit, before some ers shall take
judge or justice of the peace, honestly and impartially to
execute the trust reposed in them; which affidavit shall be
filed with the report of such commissioners.
*
SEC. 20.-The commissioners shall forthwith proceed to
make partition, according to the judgment of the court, un-
less it shall appear to them, or a majority of them, that par-
(a) Waddingham v. Gamble, 4 Mo. Rep., 465; Spitts v. Wells, 18 Mo.
Rep., 468; McMurtry v. Glascock, 20 Mɔ. Rep., 432.
Shall proceed
to make parti-
tion, how.
1114
PARTITION.
be made with-
out prejudice,
proceedings.
CHAP. 119.
If it cannot tition of the premises cannot be made without great preju-
dice to the owners, in which case they shall make a report of
such facts to the court, in writing, under their hands; or if a
part only of the land ordered to be divided by the court is
susceptible of division, the commissioners shall proceed to
make division of such part, and make report thereof, and of
the residue which, in their opinion, is not susceptible of
division.
How the
commission-
vide lands.
SEC. 21. In making partition, the commissioners shall
ers shall di- divide the lands and tenements, and allot the several portions
and shares thereof to the respective parties, quality and
quantity relatively considered by them, according to the re-
spective rights and interests of the parties so adjudged by
the court, designating the several shares and portions by
metes and bounds, and may, when necessary, employ a sur-
veyor and assistants to aid them therein.
May divide
lands into lots,
SEC. 22. Whenever, in the opinion of the commissioners,
&c., and make in any case of partition or order of sale, it will be to the in-
return, when. terest of the parties to divide the lands into lots, and lay out
streets, avenues, lanes or alleys, they may cause the same to
be done, and in that case shall return with their report, a plat
of the land so laid out, which report shall be subject to the
rejection or confirmation of the court, as in other cases.
Commission-
ers to make
report.
Report to be
proved and ac-
knowledged,
how.
May be set
aside and new
commission-
SEC. 23. — The commissioners shall make a full and ample
report of their proceedings, in writing, signed by them, or a
majority of them, specifying therein the manner of executing
their trust, and describing the lands divided, and the shares
allotted to each party, with the quantity of each share, the
boundaries, courses and distances, and the items of their
charges.
SEC. 24. — The report shall be proved or acknowledged
before some officer authorized to take the proof of deeds, in
the same manner that deeds are required to be proved or ac-
knowledged, to entitle them to be recorded, and shall be filed
in the office of the clerk of the court.
SEC. 25.-Upon good cause shown by any of the parties,
the court may set aside the report, and appoint new commis-
ers appointed. sioners, as often as may be necessary, who shall proceed in
like manner, as heretofore directed. (a)
(a) Murphy v. Murphy, 1 Mo. Rep., 530; George v. Murphy, Ibid, 558.
PARTITION.
1115
CHAP. 119.
Report shall
be confirmed
and judgment
Effect of par-
SEC. 26. If no such cause be shown, the report shall be
confirmed, and judgment shall thereupon be given that such
partition be firm and effectual forever; and such judgment given, when
shall be binding and conclusive on all parties to the proceed-tition and
ings and their representatives, and all other persons claiming judgment.
under any of them, by right derived after the commencement
of the proceedings.
SEC. 27. A copy of such report and of the judgment or
confirmation, duly certified by the clerk of the court, shall be
recorded in the office of the recorder of the county in which
any
of the estate divided is situated.
SEC. 28.-If the commissioners so appointed shall report
to the court, that the lands, tenements br hereditaments, of
which partition shall have been directed, are so situated, or
that any lot, tract or portion, thereof is so situated, that par-
tition thereof cannot be made without great prejudice to the
owners of the same, the court may, if satisfied that such re-
port is just and correct, make an order that the sheriff sell
the premises situate in his county, or such portion of them as
are reported unsusceptible of division, at public auction, to
the highest bidder.
A copy of re-
port and judg
corded, where.
ment to be re-
When pre-
mises or part
of them may
be sold.
Froceedings,
when commis-
that part only
sioners report
of the shares
have been set
SEC. 29. Whenever the commissioners report that they
have set off a part only of the shares, according to the divi-
sion ordered, and such report is confirmed, only that part of
the land which is not set off to any party shall be sold, and
the proceeds apportioned among the parties to whom no land off.
has been allotted, and the costs of the proceedings shall be
paid by the parties in proportion to their respective shares in
the land which is the subject of the proceedings.
SEC. 30.-When, in any report of commissioners setting
off a parcel, the subject of the adverse claims of different
parties shall be confirmed, it shall be a bar to the claims of
such parties to the residue of the lands, or the moneys arising
thereon, if sold, and shall vest the part allotted, subject to
the controversy, in the party who shall have title to the share
or shares represented in the allotment.
SEC. 31.-Where the commissioners have, in pursuance
of the provisions of the twenty-second section, laid out the
land into lots, streets, lanes or alleys, and have returned a
plat of the land so divided, and their report is confirmed, a
copy of the plat shall be filed in the office of the recorder of|
Effect of con-
firmation
of
report, on par-
ties to adverse
claims.
Report of
commission-
ers and plat of
lands to be
corder.
filed with re-
1116
PARTITION.
What the
order of sale
cify.
CHAP. 119.
the county, in like manner, and with like effect, as in the
case of plats of towns or additions made and filed by [the]
proprietor.
SEC. 32. The order of sale to be made in pursuance of
shall not spe- the provisions of this act shall not specify the time of sale;
and the clerk shall, without delay, deliver a duly certified
copy thereof to the sheriff, who shall in due time proceed
to advertise and sell; and the sale shall take place during
some day of the term of the court, and be governed by the
same regulations prescribed, by law, for sales of real estate
under executions, notice thereof being given by the sheriff in
the same manner as provided, by law, for such sales.
May be re-
newed, when.
Premises
separately or
divided.
SEC. 33.-Where any such order of sale has been made,
and the sale has failed to take place by reason of the failure
of the term of the court or other cause, the court, or clerk
thereof in vacation, shall renew such order of sale generally,
without specifying any time for sale; and the clerk shall,
without delay, deliver a certified copy of such order to the
sheriff, who shall then proceed to advertise and sell, in con-
formity to the foregoing section.
SEC. 34.—If the premises consist of distinct buildings,
may be sold farms, tracts or lots of land, they shall be sold separately;
or when any tract of land or lot can be divided for the pur-
pose of sale, with advantage to the parties interested, it may
be so divided and sold in parcels.
Duty of she-
riff; shall
make a deed;
SEC. 35.—The sheriff shall take the notes or bonds for
the purchase-money, collect and pay over the same according
effect thereof. to the order of the court, and make the deed to the purchaser,
which shall be acknowledged or proved, and recorded, in the
same manner as conveyances made by the sheriff of lands
sold under executions, and shall be a bar against all persons
interested in such premises who shall have been parties to
the proceedings, and against all other persons claiming from
such parties, or either of them. (a)
Sheriff and
SEC. 36.—The sheriff and his securities shall be respon-
his securities sible on his official bond for his acts in cases of partition,
responsible on
his official and for the notes, bonds or money, collected or received by
bond.
(a) A purchaser cannot avoid the payment of the purchase-money upon
the ground of a failure of title. Such sales are made without warranty of
title. The deed executed conveys the interest, whatever it may be, of the
parties to the proceeding and is a bar against them, and all persons claim-
ing under them. Owsley v. Smith, 14 Mo. Rep., 153.
PARTITION.
1117
1
CHAP. 119.
him, and he may be compelled to account for and pay over
the same, in the same manner as in cases of money collected
on execution.
SEC. 37. If any sale be made by any sheriff before he
goes out of office, and the business be not completed when
he ceases to be sheriff, he may do all subsequent acts, collect
and pay over the money, and make the deed, in the same
manner as if he continued to be sheriff, unless the court
shall, by order, direct the business to be transferred to the
next sheriff; in which case, all acts remaining to be done by
the sheriff, at the date of such order, shall be done by the
sheriff then in office. (a)
SEC. 38. As a compensation for his services, the sheriff
shall receive a commission on the amount of sales, not ex-
ceeding two per cent. on the first thousand dollars, and one
per cent. on all sums over that amount and under five thou-
sand dollars, and one-half of one per cent. on all sums over
that amount, to be allowed by the court; and if two different
sheriffs shall do part of the business, the commission shall be
equitably divided between them.
SEC. 39. — After completing the sales, the sheriff shall
report his proceedings to the court, with a description of the
different parcels of the land sold, the name of the purchaser,
and the price bid, which report shall be filed in the court;
he shall, also, file in the clerk's office an accurate statement
of all moneys received, and all costs and expenses paid or
incurred in the transaction of the business, and the court
shall allow such as are legal and reasonable. (b)
When she-
riff goes out of
once he shall
office
execute all un-
finished busi-
ness relative
to cases of
partition, un-
less, &c.
Compensa-
tion of the
sheriff.
Sheriff to re-
port his pro-
ceedings to the
court.
Proceeds of
sale to be di-
SEC. 40. The proceeds of every such sale, after de-
ducting the costs and expenses of the proceedings, shall vided.
be divided among the parties whose rights and interests shall
have been sold, in proportion to their respective rights in the
premises, and shall be paid to them, their guardians or legal
representatives, by the sheriff.
SEC. 41.-Where any of the parties whose interests have
(a) Ranney v. Brooks, 20 Mo. Rep., 105.
(6) Langham v. Darby, 13 Mo. Rep., 553. Partition sale set aside,
where it appeared that the bidders, for the purpose of obtaining the pro-
perty at a sacrifice, agreed that one should become the purchaser, and the
others refrain from bidding, in consideration of sharing the benefits of the
purchase. Wooton v. Hinkle, 20 Mo. Rep., 290. So, where the evidence
shows any collusion or contrivance to enable the purchaser to obtain the
land below the real value. Neal v. Stone, 20 Mo. Rep., 294.
Shares of
absent par-
ties, how in-
vested.
1118
PARTITION.
Sheriff to
retain money
arising from
sales of ad-
verse claims.
Party claim-
ing such mo-
neys, to file
his petition in
circuit court.
Summons to
issue, to whom
and where di-
rected.
Order of
publication,
when and how
made,how and
where pub-
lished.
What defend-
ant's answer
shall state;
questions of
CHAP. 119.
been sold are absent from the State, without any legal re-
presentative in this State, or are not known or named in the
proceedings, the court shall direct the shares of such parties
to be invested in public stock of the United States or of this
State, or loaned out in trust, on bond and mortgage upon
unincumbered real estate, of at least double the value of such
investment.
SEC. 42. In all cases of adverse claims to any one or
more shares, the money arising from sales which belongs to
the owner of such share, or shares, shall be retained by the
sheriff of the county, and by him held subject to the future
order of the court.
SEC. 43.-Any party to the proceeding in partition, claim-
ing such moneys as owner of the premises sold, may file his
petition in the office of the clerk of the court, setting forth
the nature of his claim in all its particulars, and the name
and residence, if known, of the other party claiming as afore-
said, and praying an order for the payment of the money to
him; which petition shall be verified by the affidavit of the
petitioner, or some credible person.
SEC. 44. Upon the filing of such petition, the clerk shall
issue a summons, directed to the sheriff of each county in
this State in which any defendant resides, with a copy of the
petition, which shall be served as in ordinary civil cases.
SEC. 45.-If it appear that the name or residence of a
defendant is unknown, or that he is not a resident of this
State, or cannot be found to be served with a summons, the
court or clerk may make an order of publication, setting
forth the nature and object of the petition, and requiring the
defendant to appear and file his answer to the same, on or
before a day to be named, which shall not be less than ninety
days from the date of the order, and such order shall be
published as provided in section nine of this act.
SEC. 46.- The answer shall state the nature of defend-
ant's claim in all its particulars, shall be verified by the af-
fidavit of the defendant, or some other credible person, and
may be filed in vacation; and the court shall cause all ques-
tions of fact presented by the petition and answer to be tried
Judgment as other questions of fact.
fact to be
tried, how.
by default
may be ren-
dered, when.
SEC. 47.-A judgment by default may be rendered against
any defendant who does not appear and answer to the com-
PARTITION.
1119
CHAP. 119.
mand of the summons or publication, and payment of the
money ordered accordingly.
SEC. 48.- When an answer is filed and the facts deter-
Court shall
order pay-
mined, the court shall proceed to adjudge and order the payment, when.
ment of the money to the party entitled.
SEC. 49. — All joint-tenants, and tenants in common, who
now hold, or hereafter shall hold, jointly or in common, for
years or for life, or for lives, with the other or others of
them who have, or shall have, estates of inheritance or in
fee, and each of them shall in every such case have the like
remedy for the partition of any lands, tenements or heredita-
ments, so held by them in joint-tenancy, or tenancy in com-
mon, and in all respects subject to the like proceedings, as
herein before prescribed in other cases.
Joint-te-
nants and te-
nants in com-
mon, entitled
to remedy for
partition.
Partition not
to be made
contrary to
SEC. 50.- No partition or sale of lands, tenements or
hereditaments, devised by any last will, shall be made under
the provisions of this act, contrary to the intention of any will of tes-
such testator, expressed in any such will.
SEC. 51. The guardians of the estate of minors and
persons of unsound mind, appointed according to law, shall
be, and are hereby, authorized, in behalf of their respective
wards, to do and perform any matter or thing respecting the
divisions of any lands, tenements or hereditaments, as herein
directed, which shall be binding on such ward, and deemed
as valid, to every purpose, as if the same had been done by
such ward after his disabilities are removed.
tator.
Authority of
guardians in
lands.
division of
Court to ap-
point guard-
SEC. 52.It shall be lawful for said court, for any of the
purposes intended by this act, and before or after any pro-ians, when.
ceeding by virtue thereof, to appoint a guardian for any mi-
nor, whether such minor reside in or out of this State; and
such guardian, for all the purposes of this act, shall have the
same power as any general guardian.
Such guard-
ian required
to give bond,
when; condi-
tion thereof.
SEC. 53. It shall be the duty of the said court, on ap-
pointing any guardian, as aforesaid, to any minor entitled to
moneys arising from the sale aforesaid, to require of said
guardian a bond to the State, with such security as the court
shall deem sufficient, conditioned for the faithful discharge of
the trust committed to him, and to render a just and true
account of such guardianship in all courts and places, when may be filed,
thereto lawfully required.
Petition
where, by
widow or adult
SEC. 54. — When any resident of this State, owning lands children.
P 2 - VOL. II.
1120
PARTITION.
If it appear
to the court
adults, com-
to make afi-
davit.
CHAP. 119.
or real estate lying in one or more counties, dies intestate,
leaving a widow and children, after the settlement of such
deceased's estate by the administrator, if there be sufficient
effects, exclusive of real estate, to pay all the debts thereof,
the widow and adult children of such deceased may petition.
the court of the county wherein any of the real estate is
situated, setting forth a particular description of all the real
estate belonging to the deceased, and the proportion each
petitioner is entitled to receive, together with all the other
facts of the case, praying an assignment of dower in the
same to the widow, and a division and partition of the residue
among the children or other descendants entitled to inherit.
SEC. 55. — The court, upon being satisfied that all the
that parties in parties in interest are adults and parties to the petition,
interest are shall thereupon make an order, appointing three persons as
missioners to commissioners, who, before they enter on the discharge of
be appointed; their duties, shall make affidavit, that they will honestly and
impartially execute the trust reposed in them, and shall then
proceed to view and appraise all the lands and real estate
mentioned in the petition, and ascertain and set off the
widow's dower therein, and apportion and divide the resi-
due, according to quality and quantity, among the children
or heirs, agreeably to their respective shares, giving to each
his or her part in one contiguous body, or as nearly so as
may be.
Commission-
to make
ers
SEC. 56. The commissioners shall make a full report of
report, when. their proceedings to the court appointing them, at the next
term thereof, and set forth and describe, by metes and
bounds, the land assigned as dower to the widow, and the
portions apportioned to each heir; which report may, for
good cause, be set aside, and other commissioners appointed,
who shall proceed as herein before directed.
Report to be
confirmed and
SEC. 57.-If no such cause be shown, the report shall be
judgment ren- confirmed, and the court shall give judgment thereon, as pro-
dered, when; vided in the case of the partition of lands, and the effect
effect of the
judgment.
of the judgment shall be the same; and a copy of such re-
port and judgment shall be recorded in the recorder's office
of each county wherein any of the lands or real estate is
situated.
If land not
susceptible of
division, pro-
SEC. 58. If, in the opinion of the commissioners, the
ceedings. lands and real estate are not susceptible of division, without
PARTITION.
1121
CHAP. 119.
great prejudice to the owners thereof, the commissioners shall
report that fact to the court, and the case shall be dismissed,
unless the widow shall have petitioned, or shall thereupon
petition, the court, that an order be made, directing the sale
of the premises, including her dower interest.
SEC. 59. If the other parties in interest do not object
to the making of such order, or furnish sufficient objections
thereto, or if the court be satisfied that such an order will
not be prejudicial to the rights of the parties, the same shall
be made, and the premises, including the dower interest of
such widow, shall be sold and reported by the sheriff, in the
same manner as herein before provided for the sale of other
premises.
SEC. 60.— After the payment of all costs and charges,
one-third part of the residue of the money arising from such
sales shall be loaned by some person appointed for the pur-
pose, at legal interest, on bond or mortgage, under the or-
der and direction of the court, and the interest annually ac-
cruing thereon during the natural life of the widow, shall,
after deducting all reasonable expenses, be paid annually to
her.
When may
cluding dower
interest, be
premises, in-
ordered to be
sold.
What part
of the pro-
ceeds of sale
may be loan-
ed, by whom
and how; in-
terest to be
paid annually
to widow.
At death of
widow, the
SEC. 61. Upon the death of the widow, the same, so
loaned and arising from said sale, shall be divided according portion loaned
to the right between those entitled to receive the same.
SEC. 62.-Every such sale shall be a firm and effectual
bar to such widow against any dower, or right of dower,
which she might have had in and to the premises sold.
SEC. 63. — In case of the death, resignation, neglect or
refusal to act, of any of the commissioners to be appointed
by virtue of this act, before the duties, trust and services
hereby required of them shall be completed, the court, or
judge thereof in vacation, may appoint another commissioner
or commissioners, who shall be vested with the like power and
authority as if he or they had been originally appointed.
to be distri-
buted.
Effect of
such sale.
New section.
Vacancies,
how filled.
Compensa-
tion of com-
missioners,
SEC. 64. The commissioners to be appointed in pursu-
ance of this act shall be entitled to receive the sum of one
dollar and fifty cents for every day they shall be employed markers and
in effecting such divisions, and the chainmen and markers
aiding in any survey authorized by this act shall be entitled
to receive one dollar cach per day for their services, which
chainmen.
1122
PARTITION.
An
attor-
ney's fee shall
CHAP. 119.
charges shall be reported by the commissioners, and taxed
and collected as other costs.
SEC. 65.-The judge of the court before whom any case
be allowed as of partition is had shall allow a reasonable attorney's fee,
in favor of the attorney or attorneys bringing the suit, which
shall be taxed and collected as other costs.
costs.
Costs, how
paid.
Majority of
commission-
ers have pow-
er to act.
Appeals and
writs of error
allowed.
Power of
to make par-
SEC. 66.—All costs and charges arising in suits under
this act shall, in case of sales of property, be paid out of the
proceeds thereof; and where judgment of partition is given,
but no sale of the property is had, such costs and charges
shall be taxed against all parties interested in the partition, in
proportion to their respective interests therein.
SEC. 67.-A majority of the commissioners, in all cases
under this act, shall have power to act; and all sales made
under any of the provisions of this act shall be made by the
sheriff of the county.
SEC. 68.--On all final judgments to be given upon parti-
tion made, or upon any order of sale of the premises men-
tioned in any petition, it shall be lawful for any of the parties
to such judgment to appeal, or bring a writ of error thereon,
within the same time and under the restrictions and regula-
tions applicable to other cases.
SEC. 69.-The several circuit courts of this State shall
circuit court have full power and authority to make partition of slaves and
tition of slaves other personal property, among heirs, legatees, joint-tenants,
and other per- and tenants in common, in the same manner, upon the same
terms, and with the like effect, as is provided in the foregoing
sections in regard to the partition of real estate.
sonal pro-
perty.
If it appear
SEC. 70. If, in any case, from the nature and amount of
to the court the property, real or personal, sought to be divided, and the
that partition
cannot be number of the owners, it shall be apparent to the court that
made in kind, partition thereof in kind cannot be made, without great pre-
cale may be
ordered. judice to the owners, an order of sale may be made without
the appointment of commissioners.
Approved December 1, 1855.
i
PARTNERSHIPS, LIMITED.
1123
CHAP. 120.
CHAPTER CXX.
PARTNERSHIPS, LIMITED.
AN ACT AUTHORIZING LIMITED PARTNERSHIPS.
1. Limited partnerships in certain | 7. How the business of the part-
kinds of business allowed;
forbidden in banking, bro-
kerage or insurance.
2. Such partnership may consist
of general and special part-
ners; general and special
partners defined.
3. The partners shall make a
written statement; penalty
for false statement.
4. Such statement to be acknow-
ledged, recorded and pub-
lished.
5. When the partnership shall be
considered as dissolved; when
the special shall be liable as
a general partner.
6. Renewals or continuations of
the partnership, how effected.
nership shall be conducted;
a special partner may exa-
mine the books, and advise.
8. In what cases a special shall
be liable as a general part-
ner.
9. In case of insolvency, creditors
preferred to special partners.
10. No sale or transfer, in case of
insolvency, to secure prefer-
ence or priority of one over
other creditors, to be valid.
11. No dissolution of partnership
shall be binding until adver-
tised.
12. Against which of the partners
suits shall be brought.
13. When special shall be liable as
general partners.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.- Limited partnerships for the transaction of
mercantile, agricultural, mechanical, mining and manufactur-
ing business, and for the transportation of coal, wood and
lumber, may be formed upon the terms, and subject to the
conditions and liabilities prescribed in this act; but none such
shall be formed for the purpose of banking, brokerage or
insurance.
SEC. 2.-Such partnerships may consist of one or more
persons, as general partners, with the powers and responsi-
bilities of partners, and of one or more persons as special
partners, who, contributing a specified amount of cash actu-
ally paid in as capital, shall not be personally liable for the
debts or responsibilities of the partnership, except as herein
mentioned, nor have any power to bind the partnership, or
manage its affairs.
-
Limited
partnerships
in certain bu-
siness allow-
ed; forbidden
in banking,
brokerage or
insurance.
Such part-
nership may
consist of ge-
neral and spe-
cial partners;
general and
special part-
ners defined.
The part-
make a writ-
SEC. 3. The persons desiring to form such copartner-ners shall
ship shall sign a written statement, showing the name and
place of residence of each partner, the name or style of the
firm, who are general partners and who are special partners,
ten statement;
penalty for
ment.
false state-
1124
PARTNERSHIPS, LIMITED.
Such state-
ment to be ac-
CHAP. 120.
the amount of cash actually contributed by each partner,
general and special, and the amount agreed to be contributed
by each, if any, and not paid in, and when it is to be paid
in, the general nature of the business to be transacted, where
it is to be transacted, and the duration of the partnership,
[and] the amount of means each partner, general and special,
may annually draw for his individual use, from the means of
the partnership; which statement shall be verified by the affi-
davit of one or more of the partners, and, if false, the affiant or
affiants thereof, knowing it to be false when made, shall be
deemed guilty of perjury, and be punished with the penalties
of this crime.
SEC. 4. Such statement and affidavit shall be acknow-
knowledged, ledged or proved before the clerk of the county court of the
recorded and county or counties in which the place or places of business is
published.
solved; when
or are situated, and recorded in the office of the recorder of
deeds of said county or counties, in the same manner as deeds
are acknowledged, proved and recorded. No limited part-
nership shall be deemed to be formed or allowed, until such
record is made, nor until such statement shall have been pub-
lished, at least once a week, for four successive weeks, in a
newspaper printed in cach of the places where the business
is to be carried on, if there be any such paper published
there, and if not, then in the newspaper published in the
place nearest thereto. If any part of such statement be
false, the special shall be liable as general partners.
When the
SEC. 5.-The partnership formed under this act shall be
partnership
shall be con- deemed to be dissolved when there is a change in its partners,
sidered as dis-or in the nature of its business, or a withdrawal of any of its
the special capital, or a diminution thereof, otherwise than by losses in
shall be liable its business, and the drawing out of its means the annual
amount allowed to each partner for his use, as originally
agreed upon and set forth in said statement; and if the part-
nership be carried on after such an act of dissolution, every
special partner cognizant thereof shall be deemed a general
partner, and be liable as such.
8.5 a general
partner.
the partner-
fected.
Renewals of SEC. 6.-Every renewal or continuation of a limited part-
ship, how ef- nership, beyond the time originally agreed upon, shall be
made, recorded and published, in the same manner as is re-
quired for its original formation under this act, except that
there need not be a repayment of the cash capital advanced
PARTNERSHIPS, LIMITED.
1125
CHAP. 120.
by the special partners; but the new statement made thereof
shall set forth, among other things, the true amount of its
assets esteemed good, and their kind, and the true amount of
its liabilities, verified by affidavit as aforesaid; and if any part
of such statement be false, the special shall be liable as
general partners.
SEC. 7.-The business shall be conducted under a firm
name, composed exclusively of the name or names of some or
all of the general partners, without the addition of the word
"company," or any equivalent term. If the name of any
special partner be used by the firm with his consent, or he
make any contract or transact any business for the firm, as
agent or otherwise, he shall be deemed a general partner,
but may examine the condition of its affairs, and advise as to
conducting its business, without so becoming a general partner.
SEC. 8.If the whole or any part of the capital, advanced
by a special partner, be by him withdrawn, or if he fail to
actually contribute towards the capital as by him agreed, he
shall be liable as a general partner.
How the
business of
the partner-
ship shall be
conducted; a
special part-
ner may ex-
books, and ad-
amine the
vise.
In what
cases a special
shall be liable
as a general
partner.
In case of
insolvency,
creditors pre-
SEC. 9.—If the partnership become insolvent, no special
partner shall be paid as a creditor of the firm, or receive the
benefit of any lien in his favor as such, until the other ferred to spe-
cial partners.
creditors of the firm are satisfied.
No sale, in
case of insol-
SEC. 10.-No sale, transfer or change, of the property or
effects of the firm, or any member thereof, made for the pur-vency, to se-
pose of giving a preference or priority to one over others of cure one over
his or its creditors, shall be valid against its creditors, if other credi-
made when he or the firm is insolvent, or in contemplation of
insolvency.
SEC. 11. No dissolution of a limited partnership, other-
wise than by its terms or the operation of law, shall take
place, unless the same shall be advertised in the manner
herein prescribed for its formation.
tors, valid.
No dissolu-
tion of part-
nership shall
be binding
until adver-
tised.
Against
which of the
SEC. 12.-The general partners may sue and be sued, as
if they were the only partners, and every special partner partners suits
may be sued with his general partner or partners, when liables hall be
as a general partner, and if judgment have been obtained
against the general partner or partners, any and every special
partner, liable as a general partner, may be sued separately.
brought.
1126
PATROLS.
When spe-
cial shall be
liable as gene-
ral partners.
CHAP. 121.
SEC. 13.-Special shall be liable as general partners, un-
less the firm keep up, at each of its places of business, a
plain and legible sign, giving the style of the firm, with, also,
the words "limited partners."
Approved December 1, 1855.
CHAPTER CXXI.
PATROLS.
AN ACT CONCERNING PATROLS.
6. Compensation of patrols. Cap-
tain of patrol to make report.
Captain of patrol to be notified
of his appointment.
21. County court to appoint pa- | 3
trols.
7.
8.
Penalty on captain of patrol
for neglect of duty.
2. Company to consist, of how
many.
3. Duty of patrol.
4. To visit negro quarters, &c.
5. When slaves are found strolling
about, to be whipped.
9. This act not to affect slaves in
certain cases.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
County court SECTION 1. The county court shall, from time to time,
to appoint when to them it shall seem proper, appoint in each township
patrols.
in their respective counties, one or more companies of patrols,
to continue in office one year.
Company to
consist, of how
many.
Duty of
patrol.
To visit ne-
SEC. 2.-Each company shall consist of one discreet per-
son, to be called the captain of the patrol, and as many
others under his direction as the county court shall deem it
necessary to appoint, who shall be severally sworn to per-
form the duties assigned them by this act.
SEC. 3. The patrols so appointed shall patrol as many
hours in each month as the court appointing them shall
direct, not less than twelve hours in each month, within the
bounds assigned them.
SEC. 4.The patrols shall visit negro quarters, and any
gro quarters, other places suspected of unlawful assemblages of slaves.
&c.
When slaves
SEC. 5.- Any slave found at such assembly, or who shall
are found be found strolling about from one plantation to another, with-
strolling
about, to be out a pass from his master, mistress or overseer, shall receive
whipped. any number of lashes, at the discretion of the patrol, not
PEDLERS.
1127
CHAP. 122.
exceeding ten, or, if taken before a justice of the peace,
such slave shall receive any number of lashes, at the discre-
tion of the justice, not to exceed twenty.
SEC. 6.—Persons appointed as patrols, and performing the
Compensa-
duties as such, shall be paid such sum as the county court tion of patrols.
may allow, not exceeding twenty-five cents per hour for the
time which said patrols shall be employed in the discharge of
their duties, to be ascertained by the report of the captain
of the said company of patrols; which report he is hereby
required to make upon oath or affirmation, before any such
allowance shall be made.
SEC. 7.-The captain of the patrol shall be notified of his
appointment by the appointing court, and shall be furnished
by the same with a list of his men, who shall be subject to
the orders of the captain, according to the provisions of this
act.
SEC. 8.—Whenever the captain of a patrol shall willfully
fail or neglect to discharge the duties required to be per-
formed by him in the preceding sections, he shall forfeit and
pay not less than three, nor more than ten dollars, to be re-
covered for the use of the county, by civil action, in the name
of any person who shall sue to the use of the county.
Captain of
patrol to be
appointment.
notified of his
Penalty on
captain of
patrol for neg-
lect of duty.
This act not
SEC. 9. This act shall not be so construed as to prevent
or affect any slave, directly going to, or returning from, to affect slaves
divine worship on the Sabbath day.
Approved December 4, 1855.
in certain
cases.
CHAPTER CXXII.
PEDLERS.
AN ACT TO LICENSE AND TAX PEDLERS.
1. Who declared to be a pedler.
2. Not to deal without a license,
&c. Not to sell liquors.
3. What the license shall state.
4. Clerk to issue blank licenses;
to charge them to collector.
5. County court, at each term,
to settle with collector, and
certify amount due by him.
Q VOL. II.
? 6. Who may obtain a pedler's
license.
7. Rates of tax on pedler's li-
censes.
8. Penalty for dealing as a pedler
contrary to law.
9. Clock pedler to procure
license.
10. Who deemed a clock pedler.
∞
2
1128
PEDLERS.
CHAP. 122.
11. Traveling clock pedler may sell | 17. Information to be given of
dry goods, when.
12. Two kinds of licenses, amount
to be paid on each
13. License, how obtained.
14. If clock pedler sell goods with-
out dry goods license, pe-
nalty.
15. Penalty for dealing as a clock
pedler without a license.
pedlers dealing without a li-
cense.
18. Justice to issue warrant to ar-
rest offender.
19.
Duty of justice when party is
brought before him.
20.
Any person may deal as a book
pedler without license.
21.
Persons going from place to
•
16. Penalty of ten dollars on a
pedler for refusing to ex-
hibit his license.
place to sell or deposit patent
medicines for sale, declared
Who declar-
ler.
pedlers.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1. Whoever shall deal in the selling of goods,
ed to be a ped-wares and merchandise, other than the growth, produce or
manufacture of this State, by going from place to place to
sell the same, is declared to be a pedler.
Not to deal
without a li-
cense, &c.
Not to sell
liquors.
What the li-
cense shall
state.
SEC. 2.-No person shall deal as a pedler without a
license; and no two or more persons shall deal under the
same license, either as partners, agents or otherwise; and no
pedler shall sell wines or spirituous liquors.
SEC. 3.-Every license shall state the manner in which
the dealing is to be carried on, whether on foot, or with one
or more beasts of burden, [or] of the kind of cart or carriage,
or, if on the water, the kind of boat or vessel to be employed.
SEC. 4.The clerk of the county court shall, from time
censes; to de- to time, issue under the seal of his court as many blank
liver and pedlers' licenses of the several kinds as may be necessary,
deliver the same to the collector of the county, and charge
such collector therewith.
Clerk to is-
sue blank li-
charge them
to collector.
County
court, at each
term, to set-
SEC. 5. The county court shall, at each regular term
thereof, settle with the collector of the county on account of
tle with col- such licenses, and charge him with all the licenses not re-
lector, and
turned, and give him credit for such as are returned; and
certif y
amount due said court shall cause the amount thus charged against such
by him.
collector to be certified to the Auditor of Public Accounts.
SEC. 6.- Any person may obtain a pedler's license by
application to the collector of the county in which he intends
to carry on his trade, and by paying the amount levied on
such license.
Who may
obtain a ped-
ler's license.
Rates of tax
on pedler's li-
eense.
SEC. 7. There shall be levied and paid on all pedlers'
licenses (except clock pedlers) a State tax of the following
rates: First, If the pedler travel and carry his goods on foot,
PEDLERS.
1129
CHAP. 122.
three dollars for every period of six months; Second, If on
one or more horses, or other beasts of burden, ten dollars for
every period of six months; Third, If in a cart, or other
land carriage, twenty dollars for every period of six months;
Fourth, If in a boat, or other river vessel, at the rate of one
dollar per day for any period not less than five days; and
such license may be renewed, at the expiration of the first
license, for any period not greater than six months, on pay-
ment of fifty cents a day, the number of days to be specified
in such license.
SEC. 8.-Every person who shall be found dealing as a
pedler, contrary to law or the terms of his license, shall för-
feit, if a foot pedler, the sum of ten dollars; on one or more
beasts of burden, twenty-five dollars; in a cart or other land
carriage, fifty dollars; in a boat or other vessel, one hundred
dollars.
SEC. 9.-No person shall deal or peddle in selling, ex-
changing, bartering, leasing, hiring or lending a clock or
clocks, without a license for that purpose. (a)
SEC. 10. Every person who shall deal or peddle in sell-
ing, exchanging, bartering, leasing, hiring, or lending a clock.
or clocks, or who shall dispose of the same by any kind of
artifice, device or contrivance whatever, shall be deemed a
clock pedler or dealer, and shall have a special license for
that purpose.
SEC. 11.-Every clock pedler or dealer, who travels from
place to place for the purpose of selling or otherwise dis-
posing of clocks, shall have the privilege of peddling in dry
goods, during the existence of his or their clock license, by
paying an additional license or tax for that purpose; such
license may be granted at any time, but shall not continue
for a longer time than the clock license which such clock
pedler or dealer may have at the time of obtaining such dry
goods license.
Penalty for
dealing as a
pedler contra-
ry to law.
Clock ped-
ler to procure
license.
Who deemed
a clock pedler.
Traveling
clock pedler
may sell dry
goods, when.
Two kinds
of licenses,
amount to
SEC. 12. — There shall be levied and paid on every clock
pedler's or clock dealer's license, required by the tenth sec-
tion of this act, the sum of twenty dollars, for the term of be paid on
every six months; and upon the license, required under the
(a) Sections nine to fourteen, both inclusive, were taken from the acts of
1847, p. 107. A license to peddle clocks is required, whether manufactured
in this State or not. Page v. State, 6 Mo. Rep., 205.
each.
1130
PEDLERS.
License,
how obtained.
If clock ped-
ler sell goods
without dry
goods license,
penalty.
Penalty for
dealing as a
clock pedler
without a li-
cense.
CHAP. 122.
provisions of the eleventh section of this act, there shall be
levied and paid the sum of ten dollars, for the term of every
six months or for any shorter period.
SEC. 13. The licenses required under the provisions of
the tenth and eleventh sections of this act may be obtained
in the same manner, and by the same means, as provided for
in case of pedlers of merchandise.
SEC. 14.- Every person who shall be found peddling in
dry goods, under a clock license, without the additional dry
goods license required in the twelfth [eleventh] section of this
act, shall, on conviction by indictment, forfeit not less than
fifty dollars nor more than two hundred dollars, and be impri-
soned until the fines and costs are paid.
SEC. 15.-Every person who shall deal as a clock pedler,
without a special license for that purpose, shall, on conviction,
forfeit not less than fifty dollars, nor more than four hundred
dollars, and be imprisoned until the fine and costs are paid.
Penalty of SEC. 16. Every pedler shall, upon the demand of any
a pedler for sheriff, collector, constable, or citizen householder of the
refusing to ex- county, produce his license, and allow the same to be read by
the person making the demand, and, in default thereof, shall
forfeit the sum of ten dollars.
ten dollars on
hibit his li-
cense.
*
Information
to be given of
pedlers deal-
ing without a
license.
Justice to
issue warrant
to arrest of-
fender.
Duty of
justice when
party is
brought be
fore him.
SEC. 17.-When any person shall be found dealing as a
pedler without a license, or contrary to the terms of his
license, it shall be the duty of every assessor, collector,
sheriff and constable of the proper county, to give, and every
citizen householder may give, information thereof to some
justice of the peace without delay.
SEC. 18.-The justice shall issue his warrant, directed to
the sheriff or any constable of the county, and cause the
offender to be arrested and brought before himself or some
other justice of the peace of the county.
SEC. 19.-If, upon examination, the justice shall find the
accused guilty of the offence charged, he shall require him.
to enter into a recognizance, with sufficient security, for his
appearance at the next term of the circuit court, (or, if in St.
Louis county, at the next term of the criminal court,) on the
first day thereof, to answer to any indictment that may be
preferred against him, and, in default of such recognizance,
the justice shall commit the offender to the common jail of
the county.
PENAL BONDS.
1131
CHAP. 123.
SEC. 20. Any person may deal as a pedler in the selling
of books, maps, charts and stationery, without obtaining a
license therefor.
SEC. 21. Every person who shall deal in the selling of
pills, or patent or other medicines, other than the manu-
facture of this State, by going from place to place to sell, or
to deposit the same for sale, is declared to be a pedler within
the meaning of this act.
Approved November 20, 1855.
Any person
may deal as a
without li-
cense.
book pedler
Persons go-
ing from place
to place to sell
or deposit
patent medi-
cines for sale,
declared ped-
lers.
New section.
CHAPTER CXXIII.
PENAL BONDS.
AN ACT TO REGULATE ACTIONS ON PENAL BONDS,
? 1. Plaintiff, in his petition, shall | 17. Judgment for defendant shall
set out condition of bond, and
assign breaches.
2. What defendant may plead in
bar.
3. On payment of principal, in-
terest and costs, action shall
be discontinued.
4. Judgment, how rendered.
5. In what action specific breaches
shall be assigned.
6. Jury to assess damages for
breach.
7. Inquiry of damages to be
awarded, when.
8. Verdict and judgment; pro-
ceedings thereon.
9. Form and direction of execu-
tion.
10. Judgment for the penalty to re-
main as security for damages
for further breaches.
11. On further breach, plaintiff to
have a scire facias.
12. Proceedings to obtain damages.
13. Effect of execution; how pro-
ceeded on.
14. If assignment of breach is
found to be not true, it shall
be a bar to another scire
facias, &c.
15. Suits on official bonds to be in
the name of the State, &c.
16. Pleadings and proceedings in
such actions.
be a bar to suit on same
bond, &c., by same relator.
18. Any party aggrieved may sue
on such bond; what other
proceedings not to affect the
pendency of the suit.
19. Person who recovered judg-
ment may again prosecute an
action on such bond.
20. No scire facias shall be brought
on judgment by same
other relator.
or
21. Suit to use of party aggrived
deemed a private suit; re-
lator liable for costs.
22. Suits not barred by plea of
judgment recovered, pleaded
by security, unless accompa-
nied by allegation, &c.
23. When defendant shall be dis-
charged from all further lia-
bility.
24. Proceedings in estimating the
amount of surety's liability.
25. Judgment and execution, how
satisfied.
26. Proceedings, if there are seve-
ral judgments.
27. Execution upon several judg-
ments; money, how appor-
tioned.
28. Who may bring suit under this
act, and against whom suit
may be brought.
1132
PENAL BONDS.
Plaintiff in
his petition
shall set out
CHAP. 123.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.—In all actions brought upon bonds, in which
there is a condition or defeasance, by which the same is to
condition of become void on the payment of a less sum, the plaintiff shall
set out the condition in his petition, and may assign as many
breaches as he may think proper. (a)
bond, &c.
What de-
fendant may
plead in bar.
On payment
interest and
SEC. 2. — The defendant in such action may plead pay-
ment of the principal sum, and interest due by the condition.
of such bond, before the commencement of such action,
although the payment was not strictly according to such
condition.
SEC. 3. Whenever any action shall be pending on such
of principal, bond, the defendant may, at any time before judgment ren-
costs, action dered in such action, pay to the plaintiff, or bring into court
for the plaintiff's use, the principal sum and interest due on
such bond, together with costs in such action, and thereupon
such action shall be discontinued.
discontinued.
Judgment,
how rendered.
In what ac-
tion specific
be assigned.
SEC. 4.-If judgment be recorded on any such bond,
such judgment shall be rendered for the sum really due, ac-
cording to such condition, with interest and costs, and exe-
cution shall issue thereon accordingly.
SEC. 5.— When an action shall be prosecuted in any court
breaches shall upon any bond, for the breach of any condition other than
the payment of money, or shall be prosecuted for any penal
sum for the non-performance of any covenant or written
agreement, the plaintiff, in his petition, shall assign the specific
breaches for which the action is brought. (6)
(a) Clamorgan v. Guisse, 1 Mo. Rep., 199; Fulkerson v. Steen, 3 Mo.
Rep., 266; Rayburn v. Deaver, 8 Ibid, 104; McCurdy v. Brown, Ibid, 549;
Minor v. Edwards, 10 Mo. Rep., 671; Craig v. Callaway County Court,
12 Mo. Rep., 94; Keeton v. Spradling, 13 Mo. Rep., 321.
A bond may be
discharged when performance is prevented by the act of God, the obligee,
or the law. Olive v. Alter, 14 Mo. Rep., 185.
(b) Hayden & Smith v. Sample, 10 Mo. Rep., 215; Gathright v. Calla-
way County, Ibid, 663; Wooden v. Butler, Ibid, 717; McDermott v Doyle,
11 Mo. Rep., 443. An acceptance of a deed of inferior value to such an
one as the grantee is by his contract entitled to, as a compliance with such
contract, is a waiver of such better title Minor v. Edwards, 12 Mo. Rep.,
137. A bond executed under the attachment law, which omits part of the
conditions specified in the act, is nevertheless valid as to the conditions
contained in it. State, to use, &c., v. Berry, Ibid, 376. Vide, Lee v. Moore,
12 Mo. Rep., 458; Bircher v. Watkins, 13 Mo. Rep., 521; Labeaume v.
Sweeney, 17 Mo. Rep., 153; Overton v. Woodson, Ibid, 453; Robards v.
Samuel, Ibid, 555; Presbury v. Fisher & Bennett, 18 Mo. Rep., 50; Wet-
zell v. Waters, Ibid, 396.
PENAL BONDS.
1133
CHAP. 123.
Jury to as-
sess damages
SEC. 6. Upon the trial of such action, if the jury find
that any assignment of such breach is true, they shall assess for breach.
the damages occasioned by the breach, in addition to their
finding, or any other question of fact submitted to them.
SEC. 7. If, in such action, the plaintiff shall obtain.
judgment upon demurrer, by confession or default, the court
shall make an order therein, that the truth of the breach as-
signed be inquired into, and the damages sustained thereby
be assessed at the same or the next term, and the court shall
proceed therein in the same manner as other cases of inquiry
of damages.
Inquiry of
damages to be
awarded,
when.
SEC. 8.—In every such action, if the plaintiff recover, the Verdict and
verdict assessing the damages shall be entered on the record, judgment,
proceedings
and judgment shall be rendered for the penalty of the bond, thereon.
or for the penal sum forfeited, as in other actions, together
with costs of suit, and with a further judgment that the
plaintiff have execution for the damages so assessed, which
damages shall be specified in the judgment. (a)
Form and di-
cution.
SEC. 9.— The execution on such judgment shall be in the
usual form, reciting the recovery, and directing the sheriff to rection of exe-
levy the amount of damages so assessed, (which amount shall
be stated,) with interest thereon from the time of such assess-
ment, and the costs of such suit.
SEC. 10. The judgment rendered for the penalty of the
bond sued on, or for the penal sum forfeited, shall remain as
a security for any damages that may be thereafter sustained
by the further breach of any condition of such bond, or the
non-performance of any other covenant or written agreement
by the defendant, the performance of which was secured by
such penal sum.
Judgmentfor
the penalty to
curity for da-
mages for fur-
remain as se-
ther breaches,
&c.
On further
plaintiff to
SEC. 11.-Whenever such further breaches shall occur,
the plantiff, or his personal representative, may have a scire breaches,
facias upon such judgment, suggesting such breaches against have a scire
the defendant and all parties bound thereby, and command- facias.
ing that they be summoned to show cause why execution.
should not be had upon such judgment for the amount of the
damages sustained by such further breaches.
(a) In an action by legatees against an administrator, on his bond, the
judgment should be entered for the penalty of the bond, with an award of a
single execution for the damages assessed for the breaches. Distribution
of the damages among those entitled is to be made after they are collected
and brought into court. State v. Ruggles, 20 Mo. Rep., 99.

1134
PENAL BONDS.
Proceedings
to obtain da-
mages.
Effect of ex-
ecution; how
proceeded on,
If assign-
ment of breach
is found to be
not true, it
shall be a bar
to another
scire facias.
Suits on offi-
cial bond, to
be in the name
of the State,
&c.
Pleadings
and proceed-
ings in such
actions.
Judgment
for defendant
shall be a bar
to suit on the
same bond,
&c., by same
relator.
CHAP. 123.
SEC. 12. — The like proceedings to ascertain such dama-
ges shall be had upon such writ as herein before provided
in the first instance; and if the plaintiff recover, judgment
shall be rendered, that the plaintiff have execution to collect
the amount of damages assessed and costs.
SEC. 13. — The execution issued on such judgment shall
have the like effect, and be proceeded on in all things as in
the first instance; but the judgment shall remain as a secu-
rity for further breaches, and so on, as often as occasion may
require.
SEC. 14. Whenever, in any action brought according to
the provisions of this act, the jury shall find that any assign-
ment of breach is not true, the same shall be a bar to any
other or further suit by scire facias, or otherwise, for the
recovery of any damages alleged to have been sustained by
occasion of the same breaches so assigned.
SEC. 15.- In all cases where, by the law of this State,
any person is authorized to prosecute a suit to his own use,
on any official bond, he shall sue in the name of the State,
or other obligee named in the bond, stating in the process,
pleadings, proceedings and record in such action, that the
same is brought in the relation and to the use of the person
so suing. (a)
upon
SEC. 16.—In such action, the same pleadings and pro-
ceedings shall be had as before provided in cases of suits
bonds, with conditions other than for the payment of money,
except as hereinafter otherwise provided.
SEC. 17.-A judgment for the defendant in such action
shall be a bar to any other suit that may be brought on the
same official bond, by the same relator, for any delinquency
or default which was assigned as a breach of the condition
of such bond in the action on which such judgment was
rendered.
(a) Moore v. State, 9 Mo. Rep., 330. A bond containing more conditions
than those required by the statute is still a statutory bond.
Woods v.
State, 10 Mo. Rep., 698; (Adams v. Wilson, 10 Mo. Rep., 341; Tevis v.
Hughes, Ibid, 380, overruled;) Johnson v. Steamboat Lehigh, 13 Mo. Rep.,
539. A bond, although voluntary and not authorized by any statute, is good
as a common-law bond. Barnes v. Webster, 16 Mo. Rep., 258; State v.
Thomas, 17 Ibid, 503. Vide, State v. Price & Lusk, 17 Mo. Rep., 431; In-
gram v. McCombs, Ibid, 558; State v. Moore, 19 Mo. Rep., 369; State v.
Petticrew, Ibid, 373; Hollinsworth v. Mathews, Ibid, 406; State v. Muir,
20 Mo. Rep., 303.
PENAL BONDS.
1135
1
CHAP. 123.
SEC. 18.- Any other party aggrieved may, in like man-
ner, prosecute an action on such official bond, and the pen-
dency of any suit, at the relation of any other person on
such bond, or a judgment recovered by or against any other
person on such bond, shall not abate, or in any manner
affect such suit, or the proceedings thereon, except as herein
provided.
SEC. 19. — Any person who may have recovered any judg-
ment upon such official bond may, in like manner, again
prosecute an action on such bond, whenever he is aggrieved
by any default or delinquency other than such as shall have
been the subject of the former suit, and shall proceed therein
as herein before provided.
SEC. 20.—No scire facias shall be brought upon any
judgment rendered upon such official bond, by the same or
any other relator, for any breach of the condition of the
bond.
SEC. 21.-Every suit brought upon such official bond to
the use of the party aggrieved, and every judgment thereon,
shall be deemed the private suit and judgment of the relator,
in the same manner, in every respect, as if he were the nom-
inal plaintiff, and such relator shall be liable to costs, as other
plaintiffs.
SEC. 22. — No such suit shall be barred, nor shall the
amount which the plaintiff may be entitled to recover be af-
fected, by any answer made by any surety in such bond of a
judgment recovered thereon, unless it be accompanied by an
allegation, that the sureties, or some of them, have been
obliged to pay the damages on such judgment, or some part
thereof, for want of sufficient property of the principal
whereon to levy the same, or that they will be obliged to pay
the same, or part thereof, for the same reason, nor unless
such answer be verified by affidavit.
SEC. 23.—If it appear that the amount of damages so
recovered, which a surety has been, or will be, obliged to pay,
as specified in the last section, is equal to the amount for
which such defendant shall be liable by virtue of the bond,
he shall be acquitted and discharged from all further liability,
and judgment shall be rendered in his favor.
SEC. 24. — If it shall appear that the damages so reco-
vered, and which such surety has been, or will be, obliged to
Q 2 - VOL. II.
Any party
aggrieved,
sue
may
such bond.
on
Person who
recovered
judgment may
again prose-
on such bond.
cute an action
No scire fa-
cias on judg-
ment by same
or other rela-
tor.
Suit to use of
party aggriev-
private suit.
ed, deemed a
Relator liable
for costs.
Suits not
barred by plea
of judgment
recovered by
security, un-
less, &c.
When de-
fendant shall
be discharged
from all fur-
ther liability.
Proceedings
in estimating
security's lia-
bility.
1136
PENAL BONDS.
Judgment
tion, how sa
tisfied.
CHAP. 123.
pay, is not equal to the amount of his liability, the amount
thereof shall be allowed him in estimating the extent of his
liability in any such action.
SEC. 25. Whenever a judgment shall be obtained on an
and execu- official bond against principal and securities, a direction shall
be endorsed on the execution, by the plaintiff or his attorney,
to levy the amount in the first place on the property of the
principal, and if sufficient property of such principal cannot
be found to satisfy such execution, then to levy the deficiency
on the property of the sureties.
Proceedings
SEC. 26. If several judgments be obtained at the same.
if there are term upon any official bond for damages, amounting in the
several judg-
ments.
Executions
upon several
judgments,
money how
apportioned.
Who may
whole to more than the sum for which the sureties therein are
liable, the court shall order the money levied on such judg-
ments from the property of the sureties to be distributed to
the relators, respectively, on such judgments, in proportion
to the amount of their respective recoveries.
SEC. 27. If executions be issued upon such several judg-
ments obtained at the same term, and sufficient money shall
not be made to satisfy all the executions, the court shall dis-
tribute the money collected thereon to the relators, in pro-
portion to their respective recoveries.
SEC. 28. The provisions of this act, in relation to suits
bring suits on official bonds, shall apply as well to suits on bonds of exe-
and against cutors, administrators, guardians, curators and others, re-
whom suits quired, by law, to give bond, with condition for the perform-
under this act,
may
brought.
be
ance of any duty or trust, as to suits on bonds of officers;
and the persons aggrieved may prosecute suits in the same
manner, and with the like effect, and be subject, in all re-
spects, to the provisions herein contained in respect to suits
on official bonds, and the courts shall possess the same power
in relation to such suits.
Approved November 19, 1855.
PENITENTIARY.
1137
CHAP. 124.
CHAPTER CXXIV.
PENITENTIARY.
AN ACT TO ESTABLISH AND REGULATE THE PENITENTIARY.
ARTICLE I.—OF THE GOVERNMENT AND MANAGEMENT OF THE PENITEN-
TIARY.
II. OF THE TREATMENT AND CONDUCT OF CONVICTS, AND OTHER
MATTERS.
ARTICLE I.
OF THE GOVERNMENT AND MANAGEMENT OF THE PENITEN-
TIARY.
? 1. Where the penitentiary shall be 19. Books to be open for examina-
maintained; to be under the
tion of the Governor and in-
direction of inspectors.
spectors.
2. Who to be inspectors; their
oath.
3. Two inspectors a quorum.
4. Compensation of inspectors.
5. Their duties
6. To examine into discipline and
treatment of convicts, &c.
7. Inspectors shall report to the
Legislature at each session;
what the report shall set forth.
8. Shall keep a minute of their
proceedings.
9. Duty of warden and others rela-
tive to inspectors.
10. Penalty for receiving reward
from convict.
11. Penitentiary, how organized.
12. What officers appointed by the
Governor.
13. What officers appointed by the
warden.
14. Appointments made by the war-
den to be reported to the in-
spectors.
15. What officers prohibited from
being employed in other bu-
siness.
16. Salaries of officers.
20. Factor required to give bond.
21. Duty of the officers.
22. Detailed accounts, when to be
made and filed with Auditor.
23. Governor and other officers to
decide what improvements
shall be made.
Governor to employ architect.
Convicts, in what cases to be
employed outside the prison
walls; penalty for escaping.
26. Warden to receive felons, par-
doned on condition of impri-
24.
25.
27.
28.
sonment.
Register to be kept by physi-
cian; its contents.
No prisoner to be discharged
from the hospital, except by
order of the physician.
29. Books may be purchased for
convicts, by whom; of what
sort, to what extent, and how
paid for.
30. Chaplain to report price of
books; to have charge of li-
brary; shall distribute books
among convicts, when.
Money furnished convicts to
31.
17. Prison placed in charge of the
warden.
32.
18. Factor constituted treasurer of
the penitentiary. His duties.
enable them to return home.
Amount appropriated to pur-
chase material for extending
prison, &c.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.-There shall be maintained at the City of
Jefferson, in the county of Cole, a State Penitentiary, which
Where the
penitentiary
tained, &c.
shall be main-
1138
PENITENTIARY.
Who to be
CHAP. 124.
shall be under the direction and government of three
inspectors.
SEC. 2.-The Treasurer, Auditor and Attorney-General,
inspectors; shall be ex-officio inspectors of the penitentiary, who shall
severally take the oath of office prescribed by the Constitu-
tion, before they enter upon the discharge of their duties as
inspectors, which shall be filed in the office of Secretary of
State.
Two inspect-
SEC. 3.- Any two of the inspectors shall constitute a
ors a quorum. board, and may do any of the acts which the inspectors are
required or authorized to do.
Compensa-
tion of in-
spectors.
Their duties.
To examine
SEC. 4. The inspectors shall each be allowed the sum of
one hundred dollars per annum, as full compensation for all
the service required of them by law.
SEC. 5.- The board of inspectors shall make such rules
for the government, discipline and police of the penitentiary,
and for the punishment of the prisoners therein confined, not
inconsistent with law, as they may deem expedient; they shall
exercise a general superintending control over the govern-
ment and discipline of the penitentiary, cause such rules and
regulations as they may prescribe for the government of the
prison to be printed and placed in some conspicuous place in
said prison, and shall visit said prison as often as once in each
week, and as much oftener as may be necessary to keep them
well-informed of its general condition and management.
SEC. 6. The inspectors shall have power, and it shall be
into discipline their duty, from time to time, to examine and inquire into all
of convicts, the matters connected with the government, discipline and
and treatment
&c.
police, of the penitentiary, the punishment and treatment of
the prisoners therein confined; they shall inspect them, listen
to any complaints of oppression or misconduct on the part of
the keepers of the penitentiary; inquire into any improper
conduct which may be alleged to have been committed by the
warden, or others employed in the prison, and for that pur-
pose shall have the power of a justice of the peace to issue
subpoenas, compel the attendance of witnesses, and administer
oaths.
Inspectors SEC. 7.-At each biennial session of the General As-
shall report to
the Legisla-sembly, the board of inspectors shall make thereto, in writ-
ture, when. ing, a report, exhibiting a comprehensive view of the govern-
ment, discipline and transactions of the penitentiary during
PENITENTIARY.
1139
CHAP. 124.
What the
report shall
the two preceding years, which shall particularly set forth:
First, The number of convicts confined in the penitentiary,
the various branches of business in which they have been set forth.
employed, the number employed in each branch, the age, sex,
and place of nativity of the convicts, their term of imprison-
ment, the offences for which they were committed, from what
county they were sent, the number of convicts that have es-
caped or died, or have been pardoned or discharged, during
the two preceding years; Second, The quality and quantity
of food and clothing allowed to the convicts, and the general
state of their health during the two preceding years; Third,
The manner in which the convicts have been treated by the
warden, the number that have been punished, the nature of
the punishment, how often inflicted, and for what offence.
a
Shall keep
minute of
ings.
Duty of war-
den, &c., rela-
tive to in--
spectors.
SEC. 8. The board of inspectors shall keep regular
minutes of their meetings and proceedings, which shall be their proceed
signed by them and preserved in the penitentiary.
SEC. 9.-It shall be the duty of the warden, and others
employed in the penitentiary, to admit the inspectors, or any
one of them, into every part of the prison; to communicate
to them, in writing, all the information they may desire rela-
tive to the business, management, discipline and government.
thereof; shall faithfully and strictly enforce all rules and
regulations adopted by the board of inspectors for the govern-
ment of the prison; and shall render the inspectors every fa-
cility in their power to enable them to discharge their duties.
SEC. 10.-No inspector, warden, or other officer of the
penitentiary, shall receive, under any pretence whatever,
from any of the convicts, any sum of money, emolument or
reward whatsoever, or any article of value, as a gift, under
the penalty of five hundred dollars, to be recovered in the
name and for the use of the State, by civil action, or by in-
dictment, in any court having jurisdiction thereof.
SEC. 11.—The organization of the penitentiary shall
consist of one warden, one deputy warden, one factor, one
clerk, one physician, and one chaplain, with such overseers,
turnkeys and guards, as may be necessary. (a)
SEC. 12.-The warden, factor, clerk and physician, shall
(a) Sections eleven to twenty-five, both inclusive, and thirty-one, are
taken from the acts of 1853, p. 114.
Penalty for
receiving re-
ward from
convict.
Penitentia-
ry, how or-
ganized.
What officers
appointed by
the Governor.
:-י
1140
PENITENTIARY.
稽
​What officers
appointed by
the warden.
Appoint-
ments
made
to the inspect-
CHAP. 124.
be appointed by the Governor, and shall hold their offices
subject to removal at his pleasure.
SEC. 13.-The deputy warden, and other officers and ser-
vants of the penitentiary, shall be appointed by the warden,
and shall hold their offices during the pleasure of the warden
and inspectors; but if the warden shall think such officers
ought to be removed, and the inspectors do not consent
thereto, the warden may appeal to the Governor, who, after
notice to the inspectors, may cause such removal.
SEC. 14.- The warden shall report to the inspectors all
by the warden appointments of officers he shall make; he shall, from time
to be reported to time, propose, in writing, to the inspectors, such alterations
as he shall think advisable in the rules and regulations for
the direction of the officers, and for the government of the
prison and convicts.
ors.
What officers
prohibited
other busi
ness.
Salaries of
officers.
SEC. 15. — The deputy warden shall reside within the pre-
from being cinct of the prison walls; and neither the warden, factor, or
employed in any other officer of the penitentiary, except the chaplain and
physician, shall be employed in any business for private
emoluments, while an officer of the penitentiary, nor transact
any business which does not pertain to the duties of his office.
SEC. 16.-The officers of the penitentiary shall receive
the following salaries, to wit: The warden, two thousand dol-
lars; the factor, fifteen hundred dollars; the deputy warden,
eight hundred dollars; the clerk, one thousand dollars; the
chaplain, two hundred dollars; the physician, five hundred dol-
lars; and the other officers and servants shall receive such
salaries as shall be agreed on between them and the warden,
subject to the approval of the inspectors; the whole to be
paid quarterly out of the treasury, out of the fund appropri-
ated for the pay of civil officers.
Prison
warden.
SEC. 17. — The warden shall have the charge and custody
placed in
charge of the of the penitentiary prison, with the lands, buildings, tools,
implements, stock, provisions, and every other description of
property pertaining thereto, belonging to the State; and it
shall be his duty to superintend the internal police and disci-
pline of the penitentiary, and to do and perform all the du-
ties connected with the management of the penitentiary, as
required by the general laws and the rules and regulations
prescribed by the inspectors; and it shall, also, be the duty
of the warden to keep an account current with the factor,
PENITENTIARY.
1141
СНАР. 124.
and charge him with all the articles manufactured in the
penitentiary, and delivered to him for sale or other disposition;
it shall, also, be the duty of the warden to classify the con-
victs in their labor, so far as it can conveniently be done, to
see that proper food and clothing is supplied to them, and,
in case of sickness, that suitable care and attention be given
to them; and, in all things, to have regard to their reforma-
tion and moral improvement.
Factor con-
stituted trea-
surer of the
SEC. 18.-The factor shall be the treasurer of the peni-
tentiary, and shall receive and pay out all moneys for the
support thereof, and shall take charge of and attend to the penitentiary.
business and financial affairs of the institution; and shall
cause to be kept, in suitable books, regular and complete ac-
counts of all property, expenses, income, business and con-
cerns, of the establishment; he shall keep a true account of
all moneys received, and from what source, and of all dis-
bursements, and shall have vouchers for all money disbursed;
the books shall exhibit the profits or losses of each respective
branch of manufactures.
His duties.
Books to be
SEC. 19. All the books and documents relating to the
institution shall be open and free to the examination of the open to exami
Governor and each of the inspectors, at all times.
SEC. 20. The factor, before entering upon the duties of
his office, shall give bond, with good and sufficient security,
to be approved by the Governor, in the sum of forty thou-
sand dollars, conditioned that he will faithfully account for
all money and effects which may come into his hands as factor
of the penitentiary: said bond shall be filed in the office of
the Auditor of Public Accounts, and shall be renewed every
two years.
nation, &c.
Factor re-
quired to give
bond.
Duty of the
SEC. 21. The deputy warden, clerk and cther officers,
shall perform such duties in the charge and oversight of the officers.
penitentiary, the care of the property thereto belonging, and
the custody, government, employment and discipline of the
convicts, as shall be required of them by the warden and
factor, in conformity to the law and the rules and regulations.
adopted for the government of the penitentiary.
SEC. 22.-The factor shall, as soon as may be after the
first Monday in December in each year, cause to be made
full and detailed accounts (to be closed on that day) of all the
disbursements and expenses, and all the receipts and profits
Detailed ac
counts, when
to be made
and filed with
Auditor.
1142
PENITENTIARY.
Governor and
other officers
to decide what
shall be made.
CHAP. 124,
of the penitentiary, and of all moneys which have come to
his hands; which accounts shall be examined and settled by
the inspectors, and shall be filed in the office of the Auditor,
and the same shall be reported to each General Assembly by
the inspectors, with their general report.
SEC. 23. The Governor, inspectors, warden and factor,
shall decide what improvements shall be made in the exten-
improvements sion of the prison walls, erection of additional cells, work-
shops and other buildings, which improvements shall be made
under the direction of the warden, and he shall employ such
number of the convicts, in making such improvements, as
may be deemed advisable; and he shall employ the remainder
of the convicts in such labor as may be most advantageous to
the State, and conducive to the discipline and reformation of
the convicts: Provided, That the warden shall have authority
to classify the convicts, and, if it shall be more to the interest
of the State to hire out the labor of the convicts, to be
worked under the superintendence of the warden, he may
hire such labor out.
Governor
authorized to
SEC. 24. If, in determining what improvements are ad-
employ an ar- visable to be made, it shall be necessary to employ an archi-
tect, the Governor is hereby authorized to employ one.
chitect.
Convicts, in
what cases to
outside of the
prison walls;
penalty for es-
caping.
SEC. 25.-The warden shall have authority to employ
be employed any of the convicts outside of the prison walls, in making
improvements connected with the penitentiary, or at any
other labor, under such regulations and restrictions as shall
be adopted by the inspectors, when he shall deem it expedi-
ent to do so; and any prisoner escaping, or attempting to
escape, while so employed outside of the prison, shall be
liable to the same punishment and penalties as if said escape
had been made or attempted within the walls.
Warden to
pardoned on
SEC. 26.-The warden shall at all times receive into the
receive felons, penitentiary, on the order of the Governor, any person con-
condition of victed of any crime punishable with death, who shall be par-
imprisonment doned on condition of being confined, either for life or for a
term of years, in the penitentiary, and shall confine such
persons according to the terms of such condition.
Register to
be kept by
physician; its
contents.
SEC. 27.-The physician shall keep a register of all sick
convicts placed under his care, stating the disease with which
they are afflicted, and the date of their entering and leaving
the hospital; also, a register of all deceased convicts, stating
PENITENTIARY.
1143
CHAP. 124.
their names, ages, diseases, time and cause of death, and all
other circumstances which he may deem necessary; which
register shall always remain at the penitentiary, and be open
to inspection.
No prisoner
to be dis-
hospital, ex-
cept, &c.
Books may
be purchased,
&c., by whom,
of what sort,
extent, &c.
SEC. 28. In all cases where any prisoner is placed in the
hospital by order of the attending physician, he shall not be charged from.
discharged therefrom, except by order of said physician.
SEC. 29.— The chaplain of the penitentiary, if he shall
deem it necessary and expedient, shall purchase such books
as he may think suitable for the use of the convicts in the
penitentiary of this State: Provided, He shall not expend
more than twenty-five dollars in such purchase, in any one
year. And the Auditor of Public Accounts is hereby author-
ized to draw his warrant upon the Treasurer, in favor of the
chaplain of the penitentiary, for said amount.
SEC. 30.—The chaplain shall report to the inspectors of
the penitentiary, a list of the books purchased under this
act, and the prices paid for them: he shall, also, have charge
of the library in said prison, and shall, from time to time,
deliver to the convicts, for their perusal, such books as he
may think proper.
SEC. 31.-The inspectors of the penitentiary shall have
authority to direct the warden or factor to furnish to each
discharged convict a sum of money not exceeding ten dollars,
to enable them to return to their homes.
SEC. 32. The sum of twenty-five thousand dollars is
hereby appropriated out of any money in the treasury, not
otherwise appropriated, to be drawn by the factor, as may be
required to purchase such material as may be necessary to
be used in extending the walls of the penitentiary, and in
building such additional blocks of cells or workshops, or in
making such repairs to those now in use, as may be deter-
mined on by the Governor, inspectors, warden and factor.
ARTICLE II.
OF THE TREATMENT AND CONDUCT OF CONVICTS, AND OTHER
MATTERS.
1. Clothing and food of convicts; | 4. Penalty for conveying letters
diet in case of sickness.
2. Quality of clothing and food.
3. Penalty for furnishing convicts
with spirituous liquors, un-
less, &c.
R VOL. II.
to or from convicts, without
consent of warden.
5. Inspectors to provide convicts
with a Bible, to be purchased
at expense of State.
and to what
Chaplain to
report price of
books; to have
charge of li-
brary; shall
distribute
books among
convicts,
when.
Money fur-
nished con-
viets to enable
them to re-
turn home.
Amount ap-
purchase ma-
propriated to
terial for ex-
son, &c.
tending pri-
1144
PENITENTIARY.
Clothing and
food of con-
victs; diet in
case of sick-
ness.
Quality of
clothing and
food.
Penalty for
furnishing
convicts with
liquors, un-
less, &c.
Penalty for
conveying let-
out consent of
warden.
СНАР. 124.
8 6. Certificate of sentence to be 13. Liability of warden for neglect
or violation of duty toward
such prisoner.
delivered with convict to
warden.
7. Duty of warden and overseers
on arrival of convicts.
8. Warden
to take charge of
money or property of con-
victs; how disposed of.
9. To keep an account thereof;
amount, how and to whom
paid.
10. Warden to keep a journal; en-
tries he shall make therein.
11. Convicts under the laws of the
United States to be received
in the penitentiary.
12. If such prisoner escape, or at-
tempt to escape, how pun-
ished.
14. Convicts may be brought up by
habeas corpus to testify, when.
15. In what cases convict shall be
deemed a competent witness.
What persons authorized to
visit the penitentiary.
Visitor to report abuses, &c., to
inspectors.
16.
17.
18.
Exemptions of warden and
officers of the penitentiary.
19. Provision for retaking con-
victs escaping. He shall offer
a reward.
20. Warden to have sheriff's au-
thority over the power of the
county.
SECTION 1.-The convicts shall be clothed in the uniform
of the penitentiary, and shall receive the allowance of food.
prescribed by the rules, and no other; but convicts, under
the care of the physician, shall be allowed such diet as he
may direct.
SEC. 2.-The clothing and bedding of the convicts shall
be of coarse materials, and they shall be supplied with a
sufficient quantity of wholesome food, of a coarse quality,
according to the rules prescribed by the inspectors; and they
may be furnished with chewing tobacco, not exceeding in
value twenty cents per pound, and not more than one pound
to each convict per month.
SEC. 3.-If any person shall furnish any convict with
any wine, spirituous or intoxicating fermented liquor, unless
by order of the physician, he shall, on conviction thereof by
indictment, be fined ten dollars, or be imprisoned in the
county jail ten days; and if such person be an officer of the
prison, he shall be forthwith dismissed.
SEC. 4. No person, without the consent of the warden,
ters to or from shall bring into, or carry out of, the prison, any letter or
convicts with- writing to or from any convict, and whoever shall violate the
provisions of this section shall, on conviction thereof by in-
dictment, be fined not exceeding one hundred dollars, or im-
prisoned in the county jail not exceeding thirty days, or by
both such fine and imprisonment.
Convicts to
have Bibles.
SEC. 5.—It shall be the duty of the inspectors of the
penitentiary to provide for each convict who can read, a copy
PENITENTIARY.
1145
CHAP. 124.
of the Holy Bible, to be purchased at the expense of the
State, on the most reasonable terms.
SEC. 6.— Whenever any convict shall be delivered to the
warden of the penitentiary, the officer having such convict in
his charge shall deliver to the warden the certified copy of
the sentence, received by such officer from the clerk of the
court, and shall take from the warden a certificate of the
delivery of such convict.
Certificate
of sentence to
be delivered
with convict
to warden.
den and over-
seers on ar-
victs.
SEC. 7. On the delivery of a convict at the penitentiary, Duty of war-
he shall be examined by the warden, in the presence of as
many of the overseers as can conveniently attend, in order to rival of con-
their becoming acquainted with his person and countenance.
Such convict's name, height, apparent and alleged age, place
of nativity, trade, complexion, color of his hair and eyes,
and length of his foot, (to be accurately measured,) shall be
entered in a book provided for that purpose, together with
such other natural and accidental marks, or peculiarity of
feature or appearance, as may serve to identify him; and, if
the convict can write, his signature shall be written under
the description of his person.
SEC. 8.—The warden shall take charge of all money and
property that any convict shall have with him at the time of
his entering the prison, including his clothes; and if the same
is worth ten dollars, or more, and be not demanded by any
trustee of the estate of such convict, appointed pursuant to
law, the warden shall sell the property, and place the money
at interest, for the benefit of such convict or his repre-
sentatives.
SEC. 9. The warden shall keep a correct account of all
such property and money, and shall pay the amount thereof
to such convict, when released, or to his personal representa-
tives; and in the case of the death of such convict, without
being released, if no legal representatives shall demand such
property within one year, the same shall be applied to the
use of the State.
SEC. 10.-The warden shall keep a journal, in which he
shall regularly enter the reception, discharge, death, pardon
or escape of every convict, and all other occurrences of note,
that concern the state of the penitentiary.
SEC. 11. The warden shall receive into the penitentiary
and safely keep therein, subject to the discipline of the
Warden to
take charge of
money or pro-
perty of con-
posed of.
victs; how dis-
To keep an
account there-
of; amount,
how and to
whom paid.
Warden to
nal; entries
keep a jour-
he shall
make therein.
Convicts
of the United
received.
States to be
1146
PENITENTIARY.
If such pri-
soner escape,
&c., how pun-
ished.
Liability of
Warden for
neglect or vio-
СНАР. 124.
prison, any criminal convicted of any offence against the
laws of the United States, sentenced to imprisonment therein,
by any court of the United States sitting within this State,
until such convict shall be discharged by due course of law,
the United States supporting such convict, and paying the
expenses attendant upon the execution of such sentence.
SEC. 12. In case any such prisoner shall escape, or
attempt to escape, out of the penitentiary, he shall be liable.
to the like punishment as if he had been committed by virtue
of a conviction under the authority of this State.
SEC. 13. The warden shall be liable to the like penalties.
and punishment for any neglect or violation of duty, in
lation of duty respect to the custody of any such prisoner, as if such pri-
soner had been committed by virtue of a conviction under
the authority of this State.
toward such
prisoner.
Convicts may
be brought up
by habeas cor-
pus to testify,
when.
In what
cases convict
shall be
SEC. 14. Whenever any convict, confined in the peni-
tentiary, shall be considered an important witness in behalf
of the State, upon any criminal prosecution against any other
convict, by the Attorney-General or circuit attorney conduct-
ing the same, it shall be the duty of the court, or judge
thereof in vacation, in which the prosecution is pending, to
grant, upon the affidavit of such Attorney-General or circuit
attorney, a [writ of] habeas corpus, for the purpose of bring-
ing such person before the proper court to testify upon such
prosecution.
SEC. 15.- Such convict may be examined, and shall be
considered a competent witness against any fellow convict,
deemed a com- for any offence actually committed whilst in prison, and
whilst the witness, so offered, shall have been confined in the
penitentiary.
petent wit-
ness.
sons
What per-
ized to visit
ary.
SEC. 16.-The following persons shall be authorized to
author visit the penitentiary at pleasure, namely: The Governor,
the penitenti- Lieutenant-Governor, members of the General Assembly,
Judges of the Supreme and Circuit Courts, Attorney-General,
Auditor of Public Accounts, Treasurer, Secretary of State,
Register of the Land-office, and Circuit Attorneys, and no
other person shall be permitted to enter within the walls of
the prison, except by the special permission of the warden,
or under such regulations as the inspectors shall prescribe.
Visitor to
SEC. 17.-Any visitor who shall discover any abuse or
to inspectors. infraction of law, or oppression, shall make the same known
report abuses,
PERPETUATING TESTIMONY.
1147
CHAP. 125.
to the inspectors, or one of them; and if any of the inspect-
ors are implicated, such visitor shall make the same known
to the Governor.
SEC. 18.-The inspectors, warden, and all other officers.
and guards of the penitentiary, shall, during their continu-
ance in office, be exempt from working on roads, serving on
juries, and from military duty.
SEC. 19. Whenever any convict shall escape from the
penitentiary, it shall be the duty of the warden to take all
proper measures for the apprehension of such convict, and
for that purpose they shall offer and pay a reward, not ex-
ceeding fifty dollars, for the apprehension and delivery of
such convict; such reward [shall be] chargeable to the State.
SEC. 20.-The warden shall, in all cases of alarm or
danger at the penitentiary, have the authority of a sheriff
over the power of the county in which the prison is situate.
Approved December 8, 1855.
Exemptions
of warden and
officers of the
penitentiary.
Provision for
retaking con-
cape.
victs who es-
Warden to
have sheriff's
authority over
the power of
the county.
ན
CHAPTER CXXV.
PERPETUATING TESTIMONY.
AN ACT CONCERNING PERPETUATING TESTIMONY.
ARTICLE I. OF TAKING DEPOSITIONS TO PERPETUATE TESTIMONY.
IL OF ESTABLISHING BOUNDARIES.
ARTICLE I.
OF TAKING DEPOSITIONS TO PERPETUATE TESTIMONY.
? 1. Depositions may be taken to 3 6. Publication of notice to
perpetuate testimony, when.
2. A commission, on petition, shall
be granted, by whom; the pe-
tition shall set forth, what
facts.
3. By whom and how issued; to
whom directed.
4. Notice of the time and place of
taking depositions to be given.
5. Notice, upon whom served in
certain cases. Guardian ad
litem may be appointed.
7.
persons
residing without the State.
General notice to be given, how
and when.
8. Summons to witnesses, how and
by whom issued.
9.
10.
Duty of judge, justice or clerk.
Questions put to witnesses, to
be reduced to writing by the
officer.
11. Answers of witnesses to be re-
duced to writing.
12. Power of adjournment.
1148
PERPETUATING TESTIMONY.
Depositions
may be taken
when.
Acts 1851,
СНАР. 125.
3 13. Depositions, how certified and 16. In what cases such depositions,
to whom delivered.
14. May be sent by mail or other-
wise, when.
15. Duty of recorder on receiving
such depositions.
legally taken, may be read.
17. All legal exceptions may be
taken to such depositions.
18. Costs and expenses to be audited
and paid, how and by whom.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.-Depositions of witnesses to perpetuate tes-
to perpetuate timony may be taken, whether the person desiring the taking
testimony, the same is a party, or expects to be a party, to a suit pend-
ing, or about to be commenced, or not, in any court of this
State, and the object is to perpetuate the contents of any
lost deed, or other instrument of writing, or the remembrance
of any fact, matter or thing, necessary to the recovery, se-
curity or defence, of any estate or property, real or personal,
or any interest therein, or any other personal right.
p. 250.
Acts 1855,
p. 169.
A commis-
SEC. 2.-A commission shall be granted to take such de-
sion, on peti-
tion, shall be positions, by any Judge of the Supreme Court, Circuit Court,
granted, by St. Louis Land Court, or Court of Common Pleas of St.
whom; the pe-
tition shall set Louis county, on the presentation of a petition, in writing,
forth, what of one or more parties, supported by his or their affidavit, or
the affidavit of some credible person, setting forth the nature
of his or their interest, right or claim, the facts intended to
be proved, the names of the individuals whose testimony is
desired, and the place or places of their residence.
facts.
By whom
and how is-
sued; to whom
directed.
Notice of the
time and place
of taking de-
SEC. 3.—The commission shall be issued by the clerk of
the court in which the judge granting the same presides, and,
being witnessed by the clerk and the seal of his court, shall
be directed to any judge or justice of the peace, or to the
clerk of any court of record, being in the county where such
testimony is be to taken, requiring such judge, justice or clerk,
to take the depositions of the witnesses therein named.
SEC. 4. The party applying for the commission shall
give notice, in writing, of the time and place of taking such
positions to be depositions, to every person who may be known to be inte-
given.
rested, his or their agent or attorney, at least thirty days
before the taking of the same; and a copy of the petition
and affidavit, upon which the commission was granted, shall
accompany such notice.
Notice, upon
whom served.
SEC. 5.-In case the person interested be a married wo-
man, the notice shall be served on her and her husband; if
PERPETUATING TESTIMONY.
1149
CHAP. 125.
a minor, on the guardian of such minor, and [on] such minor,
if over the age of fourteen years and residing within this
State. A guardian ad litem may be appointed by the judge
granting the commission, when there is no guardian.
SEC. 6. The publication of such notice in some news-
paper printed in this State, at least three weeks consecu-
tively, the last insertion to be twenty days before the day of
taking the depositions, shall be sufficient notice to all persons
residing without the State.
Guardian ad
litem may be
appointed.
Publication
of notice to
persons resid-
ing without
the State.
General no-
tice given, how
SEC. 7.-Parties applying for commissions shall, in ad-
dition to the notice required by the last three preceding sec- and when.
tions, give a general notice in the nearest newspaper to the
place where the depositions are to be taken, for four succes-
sive weeks, of the time and place of taking the depositions
and the objects thereof.
SEC. 8.—The judge, justice or clerk, may issue a sum-
mons to such witnesses, requiring them to appear and testify
at a time and place therein named, and may enforce obedience
thereto by attachment.
SEC. 9.-The judge, justice or clerk, shall attend at the
time and place appointed for taking such depositions.
Acts 1855,
p. 169.
Summons to
witnesses,
how
and by
whom issued.
Duty of
judge, justice
or clerk.
Questions
put to witness-
es to be re-
duced to writ-
SEC. 10.—If it shall appear to such judge, justice or
clerk, that notice has been given as required by this act,
such officer shall then and there reduce to writing all the
questions put to the witnesses by the party desiring such de-ing by the of
positions, and, also, all the questions put by all and every
person attending who shall feel interested, who shall have
liberty to examine and cross-examine the witnesses.
ficer.
Answers of
witnesses to
be reduced to
SEC. 11. Such officer shall, also, reduce to writing all
the answers of the witnesses to such questions, and all such
questions and answers shall be written in the English lan- writing.
guage, and, being distinctly read to such witness, shall be
sworn to and subscribed by such witness.
Power of
SEC. 12.—The judge, justice or clerk, shall have power
to adjourn, from day to day, the taking of such depositions, adjournment.
when the same shall be necessary.
SEC. 13.-The officer taking such depositions shall attach
thereto his certificate, stating the time and place when and
where such depositions were taken, that the witnesses were
duly sworn as to the truth of their depositions, and that they
subscribed the same; and shall enclose them, together with
Depositions,
how certified
and to whom
delivered.
يين
1150
PERPETUATING TESTIMONY.
when.
CHAP. 125.
the commission and the evidence of notice; and the whole
being carefully sealed up shall be delivered by the officer to
the recorder of the county in which the suit is pending, or
in which the property or matter is situate or belongs, to
which such depositions relate.
May be sent
SEC. 14. If the officer taking such depositions reside at
by mail or
otherwise, such distance from the recorder's office, where such deposi-
tions properly belong, as to prevent an immediate delivery
thereof, then it shall be lawful to send the same by mail or
other safe conveyance.
Duty of re-
corder on re-
ceiving such
depositions.
In what cases
such deposi-
tions, legally
taken, may be
read.
All legal ex-
SEC. 15.—The recorder of the county where such deposi-
tions properly belong shall, on receiving the same, endorse
the manner of their transmission to him, and immediately
record the depositions with the accompanying papers, and his
certificate as to the manner of their transmission, and shall
make his certificate on the back of the depositions, that the
same, together with the accompanying papers, (naming them,)
were by him duly recorded, and deliver the original deposi-
tions and accompanying papers to the party on whose petition
the commission issued.
SEC. 16.- Depositions taken and certified in conformity
to the preceding provisions of this act, or duly certified copies
of the record of such depositions, may be used and read as
evidence in any cause or judicial proceeding to which they
relate, in favor of any parties thereto, or any or either of
them, or his or their executors or administrators, heirs or as-
signs, or their legal representatives: First, If the deponent
be dead; Second, If he be unable to give testimony, by reason
of insanity or imbecility of mind; Third, If he be rendered
incompetent by judgment of law; Fourth, If he be removed
so that his testimony cannot be obtained.
SEC. 17.— All legal exceptions may be taken and allowed
ceptions may to the reading of such depositions, on any trial in which the
such deposi- same may be afforded [offered] in evidence.
be taken to
tions.
Costs and
audited and
paid, how and
by whom.
SEC. 18.The cost and expenses of taking the deposi-
expenses to be tions shall be audited and allowed by the officer taking the
same; and such cost and expenses, together with the fees of
recording and copying the same, shall be taxed in favor of
the party or parties paying the same, and collected as other
costs in the suit or suits in which such depositions, or any
part thereof, may be used.
Acts 1851,
p. 250.
PERPETUATING TESTIMONY.
1151
CHAP. 125.
ARTICLE II.
OF ESTABLISHING BOUNDARIES.
1. If corners of land be in a perish-3 10.
able condition, survey may
be made.
2. What shall be noted by the sur-
veyor in his field-notes.
3. His duty in fixing corner stones
or posts; field-notes to be
recorded; shall give copies;
his fees therefor.
4. Corners destroyed, or oblite-
rated by time or accident,
may be established by testi-
mony, how.
5. Duty of justices in procuring
attendance of surveyor and
witnesses.
6. Justices to proceed to the ex-
amination, when and where.
7. Justices have power to adjourn
from day to day.
8. Examination of witnesses to be
reduced to writing.
9. Notice of taking depositions,
how given.
11.
Evidence of notice required be-
fore justices proceed.
County surveyor, if required,
to place a stone or post at
decayed corners, &c.
12. Shall make a plat and certifi-
cate of survey.
13. Shall record the same, and de-
liver the original and deposi-
tions to the recorder.
14. Recorder shall record the same,
and deliver the originals to
the person ordering the sur-
vey.
15. Plats, certificates and deposi-
tions, and certified copies of
the same, evidence.
16. Costs attending proceedings un-
der this act, how paid.
17. Where witness does not under-
stand or speak the English
language, his examination to
be made through an inter-
preter.
agent or attorney, owning
of land within this State,
SECTION 1.- Any person, his
or being interested in any tract
any corner or corners of which shall be in a decayed or
perishable condition, may require the surveyor of the county
to make a survey thereof. (a)
SEC. 2. Such surveyor shall note particularly in his field-
notes, the corner from which he starts the survey, and to
which he traces the lines, noting the condition of the corner
trees, if any, marking particularly every object of note, over
or by which the lines may pass; also, the falling off and dis-
tance, and the variation, at which side lines shall have been
surveyed.
SEC. 3. He shall cause to be planted, by the person re-
quiring such survey, at each corner desired to be established,
a stone or post, and shall mark and describe witness trees,
if within a reasonable distance, noting in his field-notes, the
course and distance to them; he shall note, also, the names
of his chain-men, flag-men, and other persons present at the
planting of any corner-stone or post; and he shall record a
(a) Vide, note to section eleven of the act concerning the office of county
R 2 — VOL. II.
surveyor.
If corners
of land be in
a perishable
condition, sur-
made.
vey may be
What shall
be noted by
in his field-
the surveyor,
notes.
p.
Acts 1853,
117.
His duty in
fixing corner-
stones or
posts; field-
notes to be re-
corded; shall
give copies;
his fees there-
for.
1152
PERPETUATING TESTIMONY.
Acts 1853,
p. 117.
Corners de
stroyed, or
obliterated by
time or acci-
dent, may be
established by
testimony,
how.
Duty of jus-
curing attend-
ance of sur-
veyor and
witnesses.
CHAP. 125.
copy of his field-notes in a book, to be kept by him for that
purpose, and certify the same, and shall deliver a certified
copy of such field-notes to any person requiring it, for which
copy he shall receive at the rate of ten cents for every
hundred words.
SEC. 4. When the corner or corners of any survey shall
have been destroyed, or obliterated by time or accident, the
owner of such survey, or of any other lands, (the title of
which may be affected by the loss of such corner,) may call
on two disinterested justices of the peace of the county in
which the land shall be situate, for the purpose of establish-
ing such corners by testimony.
SEC. 5.-Such justices shall, upon application, issue their
tices in pro- warrant to any constable or sheriff of the county, to cause to
come before them, at a place on the land, and on a day to be
designated in the warrant, the county surveyor and such wit-
nesses, as well without as within the county, as the person
demanding such warrant, or other persons interested, may
require.
Justices to
examination,
where.
SEC. 6. Such justices shall, on the day appointed, pro-
proceed to the ceed to the place designated, and there, in the presence of
when and the county surveyor, examine the witnesses summoned, and
others attending, touching the existence or situation of such
destroyed or obliterated corners, or any other matter in rela-
tion to the entry or survey of such lands, or of the corners
or boundaries of any adjoining lands, when the same may be
necessary or conducive to the accomplishment of the object
of the application.
Justices have
power to ad-
SEC. 7.-Such justices shall have power to adjourn, from
journ from day to day, when the same may be necessary to the accom-
plishment of the examination.
day to day.
to be reduced
Examination SEC. 8.-Such justices shall reduce the examination of
of witnesses the witnesses to writing, which shall be signed and sworn to
by the deponents, and, being certified and signed by the jus-
tices, shall be by them delivered to the county surveyor.
to writing.
Notice of
taking depo-
sitions,
given.
how
SEC. 9. The party applying for the establishment of any
corner or corners shall give notice, in writing, of the time.
and place of taking such depositions, to every person or per-
sons who may be the owner of any interest in the lands ad-
Acts 1853, joining such corner or corners, his or their agent or attorney,
at least thirty days before the taking of the same.
p. 118.
In case,
PERPETUATING TESTIMONY.
1153
CHAP. 125.
the person interested be a married woman, the notice shall
be served on her and her husband; if a minor, on the guard-
ian of such as are minors, or persons of unsound mind. The
publication of such notice in some newspaper printed in the
county or State, at least three weeks consecutively, the last
insertion to be twenty days before the day of taking the de-
positions, shall be sufficient notice to non-residents of the
State, and all other persons.
SEC. 10. Satisfactory evidence of such notice shall be
required by the justices, before they proceed to take such
depositions, which shall appear in their certificate annexed to
their depositions.
SEC. 11.—The county surveyor shall, if required by the
party owning or being interested in such survey, make a sur-
vey thereof, and cause to be planted a stone or post at each
of the decayed or obliterated corners, and shall be governed
in his survey, and in planting such stone or post at the cor-
ners, by the depositions which shall have been taken and
delivered to him in relation thereto.
SEC. 12. — Such surveyor shall make out a plat and cer-
tificate of such survey, noting therein the corners at which
he shall have planted stones or posts, the names of the chain-
men, markers, and others present at the planting of the same,
and that the same was done in accordance with the testimony
contained in the depositions.
SEC. 13. — He shall record such plat and certificate in a
book, to be by him kept and provided for that purpose, and
shall deliver the original, with any depositions delivered to
him, duly certified, to the recorder of the county.
Evidence of
notice requir-
ed, before jus-
tices proceed.
County sur-
veyor, if re-
quired, to
place a stone
cayed corners,
or post at de-
&c.
Shall make
a plat and cer-
tificate of sur-
vey.
Shall record
the same, and
deliver the
original and
depositions to
the recorder.
Recorder to
record the
SEC. 14.-The recorder, to whom such plat and certifi-
cate and depositions shall be delivered, shall record the same same, and de-
in a book, to be by him provided and kept for that purpose,
and shall deliver the original to him at whose instance the person order-
survey was made.
liver the origi-
nals to the
ing survey.
Plats, cer-
tificates and
and certified
copies of the
SEC. 15.-Plats and certificates of survey, and deposi-
tions to establish corners, or certified copies of the record depositions,
thereof, when the same shall have been made or taken in con-
formity to the provisions of this act, may be used and received same, evi-
in evidence in all cases to which they may relate, subject to
exceptions for irrelevancy or incompetency.
dence.
Costs, how
SEC. 16. All fees and costs attending the proceedings paid.
1154
POOR.
Where wit-
ness does not
speak
English lan-|
amination to
be made
CHAP. 126.
under this article shall, in the first instance, be paid by the
party on whose application the same shall be had, who may
recover from persons who shall use or be benefited by the
same, their equal proportion of the expenses incurred in
obtaining it.
SEC. 17. When any witness examined under this act
understand or cannot clearly understand and speak the English language,
the his examination shall be made through a competent inter-
guage, his ex- preter, duly sworn, correctly [to] translate into his language
to him, all questions put to him, and his answers thereto, into
through an in- the English language; and the officer taking his deposition
shall reduce the questions and answers to writing, in the Eng-
lish language, which, being distinctly translated to him by
said interpreter, shall be sworn to and subscribed by said
witness.
terpreter.
New section.
Approved December 1, 1855.
The poor,
CHAPTER CXXVI.
POOR.
AN ACT TO PROVIDE FOR THE SUPPORT OF THE POOR.
% 1. The poor, by whom supported 8. Poor-house may be erected on
and maintained.
2. Who deemed poor persons.
3. Who deemed an inhabitant un-
der this act.
4. County court to make an order
for relief of the poor, when.
5. Relief discretionary with the
court.
6. Funeral expenses may be al-
lowed.
7. Court may purchase not ex-
ceeding one hundred and
sixty acres of land.
such land.
9. Superintendent shall be ap-
pointed, when.
10. Duty of superintendent.
11. Power of court to prescribe
rules for government of poor-
house.
12.
13.
Manner of levying poor-tax.
When directed by court, trea-
14.
surer to demand such funds.
Shall keep accounts.
15. Court may remove superin-
tendent.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
·
SECTION 1.-Poor persons shall be relieved, maintained
by whom sup- and supported, by the county of which they are inhabitants.
ported.
Who deemed SEC. 2.-Aged, infirm, lame, blind or sick persons, who
poor persons. are unable to support themselves, shall be deemed poor
persons.
i
POOR.
1155
CHAP. 126.
Who deemed
an inhabitant
SEC. 3.-No person shall be deemed an inhabitant within
the meaning of this act who has not resided, for the space under this act.
of twelve months next preceding the time of any order being
made respecting such person, in the county, or who shall
have removed from another county for the purpose of im-
posing the burden of keeping such person on the county
where he or she last resided, for the time aforesaid.
SEC. 4. The county court in each county, on the know-
ledge of the justices of such tribunal, or any of them, or on
the information of any justice of the peace, of the county in
which any person entitled to the benefit of this act resides,
shall, from time to time, and as often and for as long a time
as may be necessary, provide, at the expense of the county,
for the relief, maintenance and support, of such person.
County court
to make an or
der for relief
of the poor,
when.
Relief, dis-
cretionary
with the
court.
SEC. 5.-The county court shall, at all times, use its dis-
cretion, and grant relief to all persons, without regard to with
residence, who may require its assistance.
SEC. 6.- The county court of the proper county shall
allow such sum as it shall think reasonable, for the funeral
expenses of any person who shall die within the county with-
out means to pay such funeral expenses.
SEC. 7.-The several county courts shall have power,
whenever they may think it expedient, to purchase any
quantity of land in their respective counties, not exceeding
one hundred and sixty acres, and receive a conveyance to
their county for the same.
Funeral ex-
penses may be
allowed.
Court may
purchase not
exceeding one
hundred and
land.
sixty acres of
Poor-house:
may be erect-
land.
SEC. 8.-Such county court may cause to be erected on
the land so purchased a convenient poor-house, and cause ed on such
other necessary labor to be done, and repairs and improve-
ments made, and may levy upon their respective counties such
sum as will be sufficient to pay the purchase-money and to
defray the necessary expenses.
ent shall be
SEC. 9.-Whenever such poor-house is erected, the county Superintend-
court shall have power to appoint a fit and discreet person to appointed,
superintend the same, and the poor who may be kept thereat,
and to allow such superintendent a reasonable compensation
for his services.
SEC. 10. Such superintendent shall have power to cause
persons kept at such poor-house, who are able to do useful
labor, to perform the same by reasonable and humane
coercion.
when.
Duty of su-
perintendent.
1156
PRACTICE IN CRIMINAL CASES.
CHAP. 127.
Power of
court to pre-
for govern-
ment of poor-
SEC. 11.-The county court shall have power to make
scribe rules all necessary and proper orders and rules for the support and
government of the poor kept at such poor-house, and for
supplying them with the necessary raw materials, to be con-
verted by their labor into articles of use, and for disposing
of the products of such labor and applying the proceeds
thereof to the support of the institution.
house.
Manner of
levying poor-
tax.
When di-
rected by
SEC. 12.-The sum levied upon the county, by virtue of
the provisions of this act, shall be levied and collected in the
same manner that county taxes are levied and collected; and
the collector shall account for the same in the same manner,
except that he shall pay over such sums as he may have col-
lected at any time, when demanded by the treasurer of the
county.
SEC. 13. The treasurer of the county shall demand
court, trea- such funds whenever directed by the county court, and his duty
surer to de- in relation thereto shall be the same as that prescribed by
law in relation to other county funds.
mand such
funds.
Shall keep
accounts.
Court may
remove super-
intendent.
SEC. 14.-The treasurer shall keep the account of such
funds separate from all other accounts.
SEC. 15.-The county court may, at any time, for good
cause, remove a superintendent and appoint another to fill
the vacancy.
Approved November 20, 1855.
CHAPTER CXXVII.
PRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
AN ACT TO REGULATE PROCEEDINGS IN CRIMINAL CASES.
II.
ARTICLE I. - OF PROCEEDINGS TO PREVENT THE COMMISSION OF OFFENCES.
OF ARREST, EXAMINATION, COMMITMENT AND TRIAL.
OF GRAND JURIES, AND THEIR PROCEEDINGS.
-OF INDICTMENTS, AND PROCESS THEREON.
-PROCEEDINGS BEFORE TRIAL.
III.
IV.
(6
VI.
(6
V.
OF TRIALS, AND PROCEEDINGS INCIDENT THERETO.
VII. - OF THE VERDICT AND JUDGMENT, AND PROCEEDINGS
THEREON.
" VIII. OF APPEALS, AND WRITS OF ERROR, IN CRIMINAL CASES.
IX.-MISCELLANEOUS PROVISIONS.
""
Χ.
X.-OF
OF THE CUSTODY AND MANAGEMENT OF THE ESTATES OF
CONVICTS.
PRACTICE IN CRIMINAL CASES.
1157
CHAP. 127.
ARTICLE I.
OF PROCEEDINGS TO PREVENT THE COMMISSION OF OFFENCES.
? 1. Officers authorized to keep the 7. Recognizance to be transmitted
peace.
2. Duty of magistrate on com-
plaint made that any person
has threatened, or is about
to commit, an offence.
3. Magistrate to issue a warrant,
if it appear that there is rea-
son to fear the commission
of an offence.
4. Duty of magistrate, when per-
son complained of is brought
before him; may cause him
to enter into recognizance to
keep the peace, when.
5. If he give recognizance, he
shall be discharged; if he
fail, to be committed.
6. If committed, may be discharg-
ed, how.
8.
to clerk of court.
Cases in which such security
may be required, without
complaint made.
9. Person recognized, to appear
at next term of court, or
forfeit his recognizance.
10. Complainant failing to appear,
party recognized to be dis-
charged.
11.
Proceedings on the appearance
of the parties.
12. Recognizance not deemed bro-
ken except as in the ninth
section provided.
13. Court shall order recognizance
to be prosecuted, when.
14. Assignment of breaches and
evidence in the action.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:—
SECTION 1.—The following magistrates shall have power
to cause to be kept all laws made for the preservation of the
public peace, and, in the execution of that power, to require
persons to give security to keep the peace, in the manner pro-
vided in this article: The Judges of the Supreme Court
throughout the State; judges of the courts of record within
their respective jurisdictions; justices of the county courts,
and justices of the peace, in their respective counties; the
mayors and chief officers of incorporated cities and towns,
within the limits of such corporation.
SEC. 2. Whenever complaint shall be made in writing,
and upon oath, to any such magistrate, that any person has
threatened, or is about to commit, any offence against the
person or property of another, it shall be the duty of such
magistrate to examine such complaint, and any witnesses
who may be produced, on oath, to reduce such examination
to writing, and cause the same to be subscribed by the parties
so examined.
Officers au-
thorized to
keep the
peace.
Duty of ma-
gistrate, on
complaint
made that any
threatened, or
is about to
commit, an
offence.
person has
Magistrate
to issue a
warrant,
SEC. 3.-If it appear, upon such examination, that there
is reason to fear the commission of any such offence by the
person complained of, it shall be the duty of the magistrate when.
to issue a warrant, under his hand, reciting the complaint,
1158
PRACTICE IN CRIMINAL CASES.
Duty of ma-
gistrate, when
enter into re-
cognizance to
keep the
peace, when.
CHAP. 127.
and commanding the officer to whom it is directed forthwith.
to apprehend the person so complained of, and bring him
before such magistrate.
SEC. 4.-Upon such person being brought before such
person com- magistrate, it shall be the duty of the magistrate to examine
plained of is all witnesses which either party may require to be examined,
brought be-
fore him; may and if it shall appear to the satisfaction of such magistrate
cause him to that there is reason to fear the commission of such offence, he
shall require the party complained of to enter into a recog-
nizance in such sum, not exceeding one thousand dollars, as
such magistrate shall direct, with one or more sufficient
securities, to appear before the court having criminal juris-
diction in the county, on the first day of the next term to be
holden, and not depart the same without leave, and, in
the meanwhile, to keep the peace towards the people of this
State, and particularly toward the complainant.
If he give
recognizance
SEC. 5.-If such recognizance be given, the party com-
he shall be plained of shall be discharged; but if he fail or refuse to
discharged; find surety, it shall be the duty of the magistrate to commit
be committed. him to prison until he find the same, specifying in the warrant
the cause of commitment and the sum in which security was
required.
if he fail, to
If commit-
ted, may be
discharged,
how.
Recogni-
zance to be
SEC. 6.- Any person committed for not finding surety of
the
peace, as above provided, may be discharged by any
magistrate authorized to bind to the peace, within the county,
upon giving such security as was originally required of such
person.
SEC. 7.- Every recognizance to keep the peace, taken by
transmitted to any magistrate pursuant to the foregoing provisions, or pur-
clerk of court. suant to any other statute, shall be transmitted by such
magistrate to the clerk of the proper court of the county, on
or before the first day of the term of such court next to be
holden after taking the same.
Cases in
which such
without com-
plaint made.
SEC. 8.-Every person who, in the presence of any
security may magistrate above specified, or of any court of record, shall
be required, make an affray, or threaten to kill or beat another, or to
commit any offence against his person or property, and all
persons who in the presence of such court or magistrate,
shall contend with hot and angry words, may be ordered by
such magistrate or court, without any other proof, to give
such security as above specified, and, in case of failure or
PRACTICE IN CRIMINAL CASES.
1159
CHAP. 127.
refusal so to do, he may be committed in like manner as above
provided.
Person re-
cognized to
term of court,
SEC. 9.-Every person who shall have entered into a re-
cognizance to keep the peace, shall appear before the proper appear at next
court of the county at the next term, and if he fail to appear,
the court shall forfeit his recognizance and order it to be recognizance.
prosecuted, unless reasonable excuse for the default be shown.
SEC. 10. When any person shall have been bound to the
peace on the complaint of another, and the complainant shall
not appear, the party recognized shall be discharged, unless
good cause to the contrary be shown. (a)
or forfeit his
Complain-
ant failing to
appear, party
recognized to
be discharged.
Proceedings
on the appear-
ance of the
SEC. 11.-Upon the appearance of the respective parties,
and in cases where there is no complaint, the court shall ex-
amine the evidence, and may either discharge the recogni- parties.
zance taken, or require a new recognizance, as the circum-
stances of the case may require, for such time as shall appear
necessary, not exceeding one year, and in such cases costs
shall be adjudged according to the discretion of the court. (b)
SEC. 12. No recognizance to keep the peace shall be
deemed to be broken, except in the case provided for in the
ninth section of this article, unless the principal in such re-
cognizance be convicted of some offence, amounting, in judg-
ment of law, to a breach of such recognizance.
SEC. 13.-Whenever evidence of such conviction shall be
produced to the court in which the recognizance is filed or
taken, it shall be the duty of the court to order such recogni-
zance to be prosecuted, and the circuit attorney prosecuting
for the circuit shall proceed thereon accordingly.
SEC. 14. In the action on such recognizance the offence.
stated in the record of conviction may be assigned as a
breach, and such record shall be conclusive evidence of the
matters therein stated.
If the defendant appear, and shall be discharged by reason of the
failure of the prosecutor to appear, it is error for the court to adjudge the
costs against the defendant. They should be adjudged against the prose-
State v. Fawcett, 16 Mo. Rep., 380.
cutor.
(b) Vide, State v. Hoffman, 18 Mo. Rep., 329.
Recogni-
zance not
deemed bro-
ken, except as
tion provided.
in ninth sec-
Court shall
order recogni-
zance to be
prosecuted,
when.
Assignment
of breaches,
and evidence
in the action.
S-VOL. II.
1160
PRACTICE IN CRIMINAL CASES.
CHAP. 127.
Officers au-
thorized to act
under this ar-
ticle.
Duty of ma-
gistrate on
ARTICLE II.
OF ARREST, EXAMINATION, COMMITMENT AND TRIAL.
21. Officers authorized to act under 2 19. Witnesses may be separated.
this article.
2. Duty of magistrate on com-
plaint made.
3. When and how warrant to issue.
4. Warrant issued by a judge,
executed in any part of this
State; those by a magistrate,
within the county.
5. The latter, when endorsed, how
and where executed.
6. Offender escaping, warrant may
issue where he is found.
7. Person charged with a misde-
meanor may be brought be-
fore a magistrate of the
county in which he is taken.
8. Where he may be bailed.
9. Recognizance to be certified to
the proper clerk.
10. If not bailed, may be taken
before a magistrate where
offence is committed.
11. If the offence be felony, pri-
soner must be taken to the
county where the offence was
committed.
12. Before what magistrate pri-
soner is to be brought.
13. Complainant and witness ex-
amined.
14. Cross-examination allowed to
prisoner.
15. Prisoner examined, when and
how.
16. No witness to be present.
17. Answer reduced to writing.
18. Witnesses for prisoner ex-
amined.
20. Testimony reduced to writing,
and signed by witnesses.
21. When prisoner to be discharged.
22. When not, prosecutor and wit-
nesses to be recognized.
23. Infants and married women
declared capable of binding
themselves by recognizance.
24. Magistrate may commit wit-
25.
ness.
When and how prisoner to be
bailed.
26. When committed.
27. Endorsement on the warrant of
commitment.
28. Examinations and recognizance
to be certified to clerk of the
court.
29.
Penalty on magistrate for fail-
ing to certify.
30.
Two justices may associate in
such investigations.
31.
When offender escapes, pursuit
to be made.
32. When arrested, proceedings,
&c.
33. Penalty on officer for failing to
pursue and arrest.
34.
Who authorized to bail, &c.
35.
When bailed by a court, duty
of clerk, &c.
36.
When by an officer, duty of
such officer.
37. Prosecutor's name to be re-
turned to proper county.
38. To make arrests, officer author-
ized to force admittance,
when and where.
SECTION 1. The magistrates enumerated in the first sec-
tion of the first article of this act, within their jurisdiction
therein specified, shall have power to issue process for the
apprehension of any person charged with a criminal offence,
and to execute the powers and duties conferred in this
article.
SEC. 2.Whenever complaint shall be made to any such
complaint magistrate, that a criminal offence has been committed, it
shall be his duty to examine the complainant, and any wit-
nesses who may be produced by him, on oath.
made.
Shall issue
a warrant,
when.
SEC. 3. If it appear on such examination that any crimi-
nal offence has been committed, the magistrate shall issue a
PRACTICE IN CRIMINAL CASES.
1161
CHAP. 127.
proper warrant, reciting the accusation, and commanding the
officer to whom it shall be directed forthwith to take the ac-
cused and bring him before such magistrate, to be dealt with
according to law.
Warrants,
where to be
Proceedings
if accused es-
cape, or be in
any other
county.
SEC. 4. Warrants issued by any judge of the Supreme
or Circuit Court, or Criminal Court of St. Louis county, may executed.
be executed in any part of this State; and warrants issued
by any other magistrate, may be executed in any part of the
county within which he is such officer, and not elsewhere,
unless endorsed in the manner directed in the next section.
SEC. 5.-If the person against whom any warrant,
granted by a justice of the county court, justice of the peace,
mayor or chief officer of a city or town, shall be issued,
escape, or be in any other county, it shall be the duty of any
magistrate authorized to issue a warrant in the county in
which such offender may be, or is suspected to be, on proof
of the handwriting of the magistrate issuing the warrant, to
endorse his name thereon; and thereupon the offender may
be arrested in such county, by the officer bringing such war-
rant, or any officer within the county within which the war-
rant is so endorsed.
SEC. 6.—When any person who shall have committed a
criminal offence in one county shall escape into another, any
magistrate within the county in which such offender may be
found may issue his warrant for the apprehension of such
offender, and secure him for trial in the manner hereinafter
directed.
SEC. 7.-When any person charged with a criminal
offence shall be arrested out of the county in which the
offence is alleged to have been committed, and such offence
be not punishable with death, or imprisonment in the peni-
tentiary, he shall, if he request it, be taken before some
magistrate of the county in which he is so arrested.
SEC. 8.-If the offence charged in the warrant be not
punishable with death, or imprisonment in the penitentiary,
the magistrate before whom such prisoner shall be brought,
under the provisions of the last section, may admit him to
bail for his appearance before the next court having cogni-
zance of the offence, to be held in the county where the
offence is alleged to have been committed.
Offender es-
rant to issue
caping, war-
where he is
found.
If charged
with a misde-
meanor, may
be brought be
fore a magis-
trate of the
county where
he is taken.
Where he
may be bailed.
Recogni-
zance to
to be
SEC. 9.—When a prisoner is let to bail under the provi- certified.
1162
PRACTICE IN CRIMINAL CASES.
If not bail-
ed, may be
taken before a
magistrate
where offence
CHAP. 127.
sions of the last section, the magistrate shall certify that fact
on the warrant, and deliver the same, together with the re-
cognizance taken by him, to the officer or other person hav-
ing charge of the prisoner, who shall deliver the same, with-
out unnecessary delay, to the clerk of the court having cog-
nizance of the offence.
SEC. 10.If such magistrate refuse to let such prisoner
to bail, or if such bail as is required be not given, the officer
or person having the prisoner in charge shall take him before
is committed. a magistrate of the county in which the offence is charged to
have been committed, as hereinafter provided.
If the of-
fence be felo-
county where
SEC. 11.-If the offence charged in the warrant be pun-
ny, prisoner ishable with death, or imprisonment in the penitentiary, the
taken to the officer or the person making the arrest shall convey the pri-
soner to the county in which the offence is charged to have
been committed, before some magistrate therein, as in the
next section is prescribed.
the offence
was commit-
ted.
Before what
magistrate
prisoner shall
be brought.
Complain-
ant and wit-
nesses exam-
ined.
SEC. 12.-Persons arrested under any warrant for any
offence shall, when no provision is otherwise made, be brought
before the magistrate who issued the warrant; or, if he be
absent, or his office be vacant, or if he be not authorized to
act within the county in which the offence was committed,
then before the nearest magistrate in such county; and the
warrant, by virtue of which the arrest was made, with a
proper return endorsed thereon, and signed by the officer
or person making the arrest, shall be delivered to such
magistrate.
SEC. 13. The magistrate before whom any such person
shall be brought shall proceed, as soon as may be, to examine
the complainant and witnesses produced in support of the
prosecution, on oath, in the presence of the prisoner, in re-
gard to the offence charged, and other matters connected
with such charge which such magistrate may deem pertinent.
SEC. 14. — If desired by the prisoner, his counsel may be
lowed prison- present during the examination, and may cross-examine the
complainant and the witnesses on the part of the prosecution.
Cross-ex-
amination al-
er.
Prisoner ex-
amined, when
and how.
SEC. 15. — After the examination of the complainant and
the witnesses on the part of the prosecution, the magistrate
shall proceed to take the examination of the prisoner, without
oath, in relation to the offence charged; but before it is com-
menced, he shall distinctly inform the prisoner of the charge
PRACTICE IN CRIMINAL CASES.
1163
CHAP. 127.
made against him, and that he is at liberty to refuse to an-
swer any question put to him, and shall allow the prisoner
reasonable time to advise with his counsel, and for that pur-
pose to send for counsel, if he require it.
No witness
to be present
at, &c.
Answer re-
duced to writ-
SEC. 16.- None of the witnesses for or against the pri-
soner shall be present at the examination of the prisoner.
SEC. 17. The answers of the prisoner, on his examina-
tion, shall be reduced to writing by the magistrate, or under ing.
his direction; they shall be read to the prisoner, who may
correct or add to them, and when made conformable to what
he declared to be the truth, shall be certified and signed by
the magistrate.
SEC. 18. After the examination of the prisoner, his wit-
nesses, if he have any, shall be sworn and examined, and he
shall be allowed the assistance of counsel in such exami-
nation.
SEC. 19. — While any witness for or against the prisoner
is under examination, the magistrate may exclude from the
place in which such examination is had, all witnesses who
have not been examined, and he may cause the witnesses to
be kept separate, and prevented from conversing with each
other, until they all shall have been examined.
SEC. 20. The evidence given by the several witnesses
examined shall be reduced to writing by the magistrate, or
under his direction, and shall be signed by the witnesses
respectively.
Witnesses
for prisoner
examined.
Witnesses
may le sepa-
rated.
Testimony
reduced to
writing.
When pri-
soner to be
SEC. 21.-If, upon the examination of the whole matter,
it appear to the magistrate, either that no offence has been discharged.
committed by any person, or that there is no probable cause
for charging the prisoner therewith, he shall discharge such
prisoner.
SEC. 22. If it appear that an offence has been com-
mitted, and that there is probable cause to believe the prisoner
guilty thereof, the magistrate shall bind, by recognizance,
the prosecutor, and all material witnesses against such pri-
soner, to appear and testify before the court having cogni-
zance of the offence, on the first day of the next term thereof,
and not to depart such court without leave.
When not,
and witnesses
to be recog-
prosecutor
nized.
Infants and
married WO-
men capable of
SEC. 23.-Infants and married women shall be deemed
capable, in law, of binding themselves by recognizance, for
their appearance and attendance, as specified in the last pre-selves, &c.
binding them-
1164
PRACTICE IN CRIMINAL CASES.
CHAP. 127.
New section. ceding section, in like manner and with like effect as other
persons.
Magistrate
may commit
witness.
When and
how prisoner
to be bailed.
When com-
mitted.
Endorse-
ment on war-
rant of com-
mitment.
Examina-
tions and re-
cognizance to
be certified to
elerk of court.
SEC. 24.—If any witness so required to enter into a re-
cognizance refuse to comply with such order, the magistrate
may commit him or her to prison, until he or she comply
with such order, or be otherwise discharged according to
law.
SEC. 25. — If the offence with which the prisoner is
charged be bailable, and the prisoner offer sufficient bail, a
recognizance shall be taken for his appearance, to answer the
charge before the court in which the same is cognizable, on
the first day of the next term thereof, and not to depart
such court without leave, and thereupon he shall be dis-
charged. (a)
SEC. 26. — If the offence be not bailable, or sufficient bail
be not offered, the prisoner shall be committed to the jail of
the county in which the same is to be tried, there to remain
until he be discharged by due course of law. (b)
SEC. 27.-Whenever any person shall be committed to
jail for a bailable offence, it shall be the duty of the magis-
trate to endorse on the warrant of commitment the sum in
which bail was required.
SEC. 28. All examinations and recognizances taken in
pursuance of the provisions of this article shall be certified
by the magistrate taking the same, and delivered to the clerk
of the court in which the offence is cognizable, on or before
the first day of the next term thereof, except that, where the
prisoner is committed to jail, the examination of himself, and
of the witnesses for or against him, duly certified, shall
accompany the warrant of commitment, and be delivered
therewith to the jailer.
Shore v.
(a) Murder, except in the first degree, is a bailable offence.
State, 6 Mo. Rep., 640. A recognizance to appear on the first day of the
term is forfeited by the failure of the cognizor to appear on that day. His
appearance on a subsequent day of the term will not save his recognizance.
Ibid. A recognizance is similar to an obligation or bond, and subject to
the same rules of construction. Cunningham v. State, 14 Mo. Rep., 402.
A recognizance is not void for omitting to add, "to answer the charge," or
"to answer an indictment." State v. Davidson, 20 Mo. Rep., 406.
A re-
cognizance cannot be quashed. Its validity can only be questioned upon a
scire facias, after forfeiture. Ibid. Vide, State v. Davidson, 20 Mo. Rep.,
212.
(b) That certainty required in an indictment is not necessary in a war-
rant of commitment. Lilly v. State, 3 Mo. Rep., 10.
PRACTICE IN CRIMINAL CASES.
1165
CHAP. 127.
SEC. 29.-If any magistrate refuse or neglect to certify
Penalty on
magistrate for
and return, as required by the last section, any examination failing to cer-
or recognizance by him taken, he may be required by rule of tify.
court forthwith to return the same, and, in case of disobedi-
ence, may be proceeded against by attachment.
SEC. 30.-It shall be lawful for any magistrate to whom
any complaint shall be made, or before whom any prisoner
shall be brought, as herein before provided, to associate with
himself any other magistrate of the same county, and the
powers and duties herein mentioned may be executed by such
two magistrates so associated; and if there be a difference
of opinion between the two magistrates on any question, the
decision of the former shall prevail.
Two justices
may associate
in such inves-
tigations.
When offend-
er escapes,
pursuit to be
SEC. 31. Whenever any filony shall be committed, and
the offender attempt to escape, public notice thereof shall be
immediately given, at all places near where the same was made.
committed, and pursuit shll be forthwith made after the
offender by sheriffs, coroners and constables, and all others
who shall be thereto required by any such officer, and the of-
fender may be arrested by any such officer or his assistants,
without warrant.
SEC. 32.-When any person shall be so pursued and ar-
rested, he shall be immediately taken before some magistrate,
authorized to act under the provisions of this article, who
shall proceed thereon in the same manner as if the prisoner
had been arrested on a warrant.
SEC. 33.-Every sheriff, coroner, [or] constable, who shall
fail or refuse to pursue and arrest any offender, as required
by the preceding provisions, shall be deemed guilty of a mis-
demeanor, and shall be punished by fine not exceeding five
hundred dollars, or by imprisonment not exceeding one year,
or by both such fine and imprisonment.
}
SEC. 34. Whenever any person shall be committed to
jail on a warrant of commitment, by any magistrate, for a
bailable offence, the recognizance, with proper security, may
be taken by any court or magistrate authorized, by law, to
issue a writ of habeas corpus.
SEC. 35. Whenever any prisoner shall be let to bail by
any court other than that in which the offence is to be tried,
it shall be the duty of the clerk of the court by which the
prisoner was bailed immediately to transmit the recogni-
When arrest-
ed, proceed-
ings, &c.
Penally on
officer for fail-
ing to pursue
and arrest.
Who author-
ized to bail,
&c.
When ba".
ed by a court,
duty of clerk,
&c.
1166
PRACTICE IN CRIMINAL CASES.
When by an
officer, duty of
such officer.
Prosecutor's
name to be re-
CHAP. 127.
zance taken by such court to the clerk of the court in which
the party bailed is required to appear.
SEC. 36. Whenever any prisoner shall be let to bail by
any officer out of court, such officer shall immediately cause
the recognizance taken by him to be filed with the clerk of
the court in which the prisoner is recognized to appear.
SEC. 37.-If in such case the accused shall be held to
turned to pro- answer for the offence, it shall be the duty of the magistrate
to make out a certificate of the name, occupation and place
of abode of the prosecutor, and return the same, with the
recognizance of such prisoner, to the proper county.
per county.
To make ar-
authorized to
SEC. 38.—To make an arrest in criminal actions, the
rests, officer officer may break open any outer or inner door, or window,
force admit of a dwelling-house or other building, or any other inclo-
tance, when sure, if, after notice of his office and purpose, he be refused
and where.
New section.
admittance.
How many
compose a
ARTICLE III.
OF GRAND JURIES AND THEIR PROCEEDINGS.
1. How many compose a grand 12. Witness committed for refusal,
jury; foreman appointed.
2. When, by whom and for what
reason a grand juror may be
challenged.
3. No challenge allowed except as
above provided.
4. Foreman authorized to admi-
nister oaths, &c.
5. Clerk, how appointed; his du-
ties.
6. Prosecuting attorney to attend
grand jury when required.
7. May attend of his own motion
for certain purposes; delibe-
rations of the jury private.
8. Clerk to issue subpoenas when
required by the foreman or
prosecuting attorney.
9. Court may order compulsory
process in certain cases.
10. Proceedings when a witness re-
fuses to testify before a grand
jury.
11. Proceedings if court determine
that witness is bound to an-
swer.
shall not be discharged unless
he enter into recognizance.
13. Court may, in its discretion,
summon a second grand jury
in certain cases.
14. Proceedings in such event.
15. When grand juries may disclose
testimony given before them.
16. Not allowed to disclose votes or
opinions of his own, or fel-
lows.
17.
18.
19.
Duty in relation to secrecy.
Duty of court in giving charge
to the grand jury.
Indictment only found by a con-
currence of twelve; how en-
dorsed.
20. How endorsed when bill is ig-
nored.
21. How presented to the court, &c.
22. When prosecutor necessary.
23.
His name endorsed on indict-
ment.
24. Prosecutor adjudged to pay the
costs when indictment return-
ed "not a true bill."
SECTION 1.-There shall not be more than eighteen grand
grand jury; jurors summoned, nor less then fifteen persons sworn on any
foreman ap- grand jury, and from the persons summoned to serve as
pointed.
grand jurors, and appearing, the court shall appoint a fore-
PRACTICE IN CRIMINAL CASES.
1167
СНАР. 127.
man, and may, also, appoint a foreman in every case where
any person appointed shall be discharged or excused before
the grand jury shall be dismissed.
SEC. 2.—Any person held to answer a criminal charge
may object to the competency of any one summoned to serve
as a grand juror, before he is sworn, on the ground that he
is the prosecutor or complainant, upon any charge against
such person, or that he is a witness on the part of the prose-
cution, and has been summoned or bound in a recognizance
as such; and if such objection be established, the person so
challenged shall be set aside.
SEC. 3. No challenge to the array of grand jurors, or to
any person summoned as a grand juror, shall be allowed in
any other cases than such as are specified in the last section.
SEC. 4. The foreman of every grand jury, from the
time of his appointment to his discharge, shall be authorized
to administer any oath, declaration or affirmation, in the
manner prescribed by law, to any witness who shall appear.
before such grand jury, for the purpose of giving evidence in
any matter cognizable by them.
When, by
whom and for
what reason, a
grand juror
may be chal-
lenged.
No challenge
allowed,
ex-
cept as above
provided.
Foreman au-
thorized to ad-
minister oath,
&c.
Clerk, how
SEC. 5.- Every grand jury may appoint one of their
number to be a clerk thereof, to preserve minutes of their appointed; his
proceedings, and of the evidence given before them, which
minutes shall be given to the attorney prosecuting in the
county.
Prosecuting
attorney to at-
ry, when re-
quired.
May attend
of his own mo-
tion for cer-
tain purposes;
SEC. 6. — Whenever required by any grard jury, it shall
be the duty of the attorney prosecuting in the county to attend grand ju-
tend them, for the purpose of examining witnesses in their
presence, or giving them advice upon any legal matter.
SEC. 7.--Such attorney shall be allowed, at all times, to
appear before the grand jury, on his request, for the purpose
of giving information relative to any matter cognizable by
them, and may be permitted to interrogate witnesses before
them, when they or he shall deem it necessary; but no such
attorney, or any other officer or person, except the grand ju-
rors, shall be permitted to be present during the expression
of their opinions, or the giving their votes, on any matter be-
fore them.
SEC. 8.-Whenever thereto required by any grand jury,
or the foreman thereof, or by the prosecuting attorney, the
s 2-VOL. II.
deliberations
of the jury
private.
Clerk to is-
sue subpo-
nas, when.
1168
PRACTICE IN CRIMINAL CASES.
Court may
order compul-
in
cases.
certain
CHAP. 127.
clerk of the court in which such jury is empanneled shall
issue subpoenas and other process, to bring witnesses to testify
before such grand jury.
SEC. 9.-If any witness, duly summoned to appear and
sory process testify before a grand jury, shall fail or refuse to obey, the
court shall cause compulsory process to be issued to enforce
his attendance, and may punish the delinquent in the same
manner, and upon like proceedings, as provided by law for
disobedience of a subpoena issued out of such court in other
Proceedings
when a wit-
ness refuses to
testify before
a grand jury.
Proceedings
if court deter-
mine that wit-
ness is bound
to answer.
Witness
committed for
un-
cases.
SEC. 10. If any witness, appearing before a grand jury,
shall refuse to testify, or to answer any interrogatories in the
course of his examination, the fact shall be communicated to
the court, in writing, on which the question refused to be an-
swered shall be stated, and the court shall thereupon deter-
mine whether the witness is bound to answer or not, and the
grand jury shall be immediately informed of the decision. (a)
SEC. 11.- If the court determine that the witness is
bound to answer, and he persist in his refusal, he shall be
brought before the court, who shall proceed therein in the
same manner as if the witness had been interrogated and re-
fused to answer in open court.
SEC. 12.-If any such witness shall be committed for a
refusal, shall contempt, on account of his refusal to testify, and shall per-
not be dis- sist in such refusal until the grand jury is dismissed, or until
charged
less he enter the expiration of his imprisonment, he shall not be discharged
into recogni- until he enter into a recognizance, with sufficient security, for
his appearance at the next term of the court, and not to de-
part such court without leave.
zance.
Court may,
tion, summon
a
SEC. 13. If any offence be committed or discovered du-
in its discre- ring the sitting of any court having jurisdiction thereof, after
second the grand jury attending such court shall be discharged, such
grand jury in
court may,
in its discretion, by an order to be entered on its
certain cases.
minutes, direct the sheriff to summon another grand jury. (6)
SEC. 14.—The sheriff shall accordingly forthwith sum-
mon such grand jury, from the inhabitants of the county
Proceedings
in such event.
(a) See, Crimes and Punishments, article eight, section twenty-two;
Ward v. State, 2 Mo. Rep., 120.
(b) A grand jury may be summoned and an indictment found at an ad-
journed term. State v. Barnes, 20 Mo. Rep., 413.
:
PRACTICE IN CRIMINAL CASES.
1169
CHAP. 127.
qualified to serve as grand jurors, who shall be returned and
sworn, and shall proceed in the same manner, in all respects,
as provided by law in respect to other grand juries.
before them.
SEC. 15. Members of the grand jury may be required. When grand
juries may
by any court to testify, whether the testimony of a witness disclose testi-
examined before such jury is consistent with, or different mony given
from, the evidence given by such witness before such court,
and they may, also, be required to disclose the testimony
given before them by any person, upon a complaint against
such person for perjury, or upon his trial for such offence.
SEC. 16.-No member of a grand jury shall be obliged
or allowed to testify or declare in what manner he, or any
other member of the grand jury, voted on any question be-
fore them, or what opinions were expressed by any juror in
relation to any such question.
SEC. 17. No grand juror shall disclose any evidence
given before the grand jury, nor the name of any witness
who appeared before them, except when lawfully required to
testify as a witness in relation thereto; nor shall he disclose
the fact of any indictment having been found against any
person for a felony, not in actual confinement, until the de-
fendant shall have been arrested thereon. Any juror violat-
ing the provisions of this section shall be deemed guilty of a
misdemeanor. (a)
ap-
Not allowed
to disclose
votes or opin-
ions of his
lows.
own, or fel-
Duty in re-
lation to se-
crecy.
Duty of
court in giv-
re-ing charge to
cir- the grand
jury.
SEC. 18.-In charging grand juries, the court shall
prise them of the provisions of the three last sections in
lation to disclosures, and in what cases, and under what
cumstances, any disclosures may or may not be made.
SEC. 19.-No indictment can be found without the con-
currence of at least twelve grand jurors; when so found, and
not otherwise, the foreman of the grand jury shall certify,
under his hand, that such indictment is a true bill. (b)
(a) Evidence that the offence proved before the jury is another and dif-
ferent offence from that which was proved before the grand jury who found
the bill, is inadmissible. Spratt v. State, 8 Mo. Rep., 247. In an action
of slander, for a charge of false swearing before a grand jury, where the
defendant justifies by pleading the truth of the charge, a grand juror can-
not be permitted to testify how the plaintiff swore before the grand jury;
Tindle v. Nichols, 20 Mo. Rep., 326;) nor how he or his fellow members
did or did not vote, for the purpose of showing that twelve did not con-
cur in finding the indictment, nor that twelve did concur. State v. Baker,
20 Mo. Rep., 338.
(b) It is not necessary for the circuit attorney to subscribe his name to
the indictment. Thomas v. State, 6 Mo. Rep., 457. An endorsement on
Indictment
only found by
a concurrence
of twelve:
how endorsed.
1170
PRACTICE IN CRIMINAL CASES.
How endors-
ed when bill is
ignored.
How pre-
sented to the
court, &c.
When pro-
secutor neces-
sary.
His nane
endorsed
on
CHAP. 127.
SEC. 20.- Where there is not a concurrence of twelve
grand jurors in finding an indictment, the foreman shall cer-
tify, under his hand, that such indictment is not a true bill.
SEC. 21. Indictments found and presentments made by
a grand jury, shall be presented by their foreman, in their
presence, to the court, and shall be there filed, and remain as
records of such court. (a)
SEC. 22. No indictment for any trespass against the
person or property of another, not amounting to felony, or
for the first offence of petit larceny, shall be preferred, unless
the name of a prosecutor is endorsed as such thereon, except
where the same is preferred upon the information or know-
ledge of two or more of the grand jury, or on the informa-
tion of some public officer, in the necessary discharge of his
duty, in which case a statement of the fact shall be made at
the end of the indictment, and signed by the foreman of the
grand jury. (b)
SEC. 23.
The name of the prosecutor shall be endorsed,
indictment. as such, by himself; or, where his name has been certified as
prosecutor, with the examination as provided by law, the en-
dorsement may be made by the prosecuting attorney; but no
an indictment, as follows: "A true bill," signed by the foreman, is a suffi-
cient certifying of the indictment. Spratt v. State, 8 Mo. Rep., 247. The
latter clause of this section is merely directory. State v. Mertens, 14 Mo.
Rep., 94.
After a defendant has been convicted upon an indictment not
thus certified, it is too late, upon a motion in arrest, to raise this objection.
Ibid.
(a) The failure of a clerk to enter upon an indictment the day of its re-
turn into court, does not entitle the defendant to his discharge. State v.
Clark, 18 Mo. Rep., 432. The court has power to make nunc pro tunc en-
tries on the record in furtherance of justice. Ibid.
(b) If the defendant, in an indictment endorsed by a prosecutor, be ac-
quitted, the liability of the prosecutor for the costs is determined by the
Vide,
jury who try the case. See, title Costs, article two, section eleven.
State v. Hurt, 7 Mo. Rep., 321. This statute does not require the name of
the prosecutor to be on the back of the indictment; it is sufficient if it be
Williams v. State, 9 Mo. Rep., 268.
on any part of it.
A prosecutor is
necessary on all indictments for a riot, charging a trespass against the per-
son or property of another. (State v. McCourtney, 6 Mo. Rep., 649, af-
firmed.) 10 Mo. Rep., 167. A prosecutor is not necessary on an indictment
for disturbing the peace of a family by loud noises, &c., that not being a
trespass either to the person or property of any one; (State v. Moles, 9 Mo.
Rep., 685;) nor on an indictment for a trespass to school lands. State v.
Roberts, 11 Mo. Rep., 510. A prosecutor is only necessary in cases of
trespass to private property, and not in cases of trespass to the property of
An indictment for petit larceny is
the State, or of the counties. Ibid.
properly quashed, unless the name of a prosecutor is endorsed upon it, or
a statement which brings it within the exceptions to the requirement that
State v. Joiner, 19 Mo.
the name of the prosecutor be thus endorsed.
Rep., 224.
PRACTICE IN CRIMINAL CASES.
1171
CHAP. 127.
indictment shall be quashed for the want of such endorse-
ment, if the same shall be made before the motion to quash
is disposed of.
Prosecutor
adjudged to
SEC. 24. If any indictment, so endorsed, shall be re-
turned by the grand jury, "not a true bill," the prosecutor pay the costs,
shall be adjudged to pay the costs.
ARTICLE IV.
OF INDICTMENTS AND PROCESS THEREON.
? 1. Indictments for a felony not? 19. When robbery and burglary
open to inspection, when.
2. Disclosing fact, that indictment
is found, a misdemeanor.
3. Qualification of the two last
sections.
4. In case of two indictments for
the same matter, first to be
quashed.
5. In what county receivers of
stolen property may be in-
dicted, tried and convicted.
6. In what counties indictments,
trial and conviction, may be
had for offences on board of
vessels, &c.
7. In what county indictments may
be found for offences commit-
ted near a boundary line of a
county.
8. Where there is doubt, what
court shall have jurisdiction.
9. When the court has not juris-
diction, what shall be done.
10. Jury to be discharged without
prejudice to the prosecution.
11. If defendant be in actual cus-
tody, he is to be removed to
proper court, how.
12. Statutes relating to changes of
venue to govern, in what
cases.
13. Allegation of property in in-
dictment in case of several
owners or partners.
14. Proceedings when wound, &c.,
in one county, and death in
another.
15. Proceedings when wound, &c.,
given in this State, and death
in another.
16. Proceedings when wound, &c.,
given in another State, and
death in this State.
17. Indictments, &c., against ac-
cessories, in what counties
may be had.
18. Accessories to be tried, although
principal not arrested.
may be tried in county to
which property is carried.
20. Two or more charged jointly
with the commission of an of-
fence, to be included in same
indictment.
21. Counts for different degrees of
same offence.
22. Variance in cases specified, not
grounds for an acquittal of
defendant, unless, &c.
23. What counts may be joined in
same indictment.
24. Demurrers to and motions to
quash indictments, shall spc-
cify grounds of objection.
25. If defendant be indicted by
wrong name, how proceeded
with.
26. Not necessary to state any
venue in body of indictment,
only in the margin.
27. Indictments not to be affected
by certain omissions and de-
fects.
28. In an indictment for forging,
&c., any instrument, it shall
be described, how.
29. Instrument described in the in-
dictment in certain cases,
how.
30. Instrument described in the in-
dictment in other cases, how.
31. Money or notes issued by banks
described, how; what proof
shall be sufficient; in cases
of embezzlement, or obtain-
ing money or notes on false
pretences, what proof shall be
sufficient.
32. Warrants on indictments, by
whom issued and where exe-
cuted.
33. Persons indicted let to bail, by
what officers.
34. For misdemeanors, sheriff may
admit to bail any one who
will give security, &c.
when.
1172
PRACTICE IN CRIMINAL CASES.
Indictments
for a felony
not open to in-
spection,
when.
dictment is
found, a mis-
CHAP. 127.
35. No other officers authorized to 39. He may surrender his principal
let to bail in such cases.
36. Recognizance on letting to bail,
where to be filed, &c.
37. If any person abscond, or flee,
after indictment, &c., cause
may be continued; proceed-
ings.
38. Bail may arrest his principal in
any county in this State.
before final judgment in open
court, or to the sheriff; dis-
charged from liability, how.
40. Bail at time of surrender must
deliver copy of recognizance
to sheriff; acceptance to be
in writing.
41. Defendant may give other bail,
or remain in custody.
SECTION 1.—When any indictment shall be found against
any person for a felony, not being in actual confinement, or
held by recognizance to answer thereto, such indictment shall
not be open to the inspection of any person, except the judge
and clerk of the court and the prosecuting attorney; nor
shall it be docketed, or entered upon the minutes or records
of the court, until the defendant therein shall have been ar-
rested. (a)
Disclosing SEC. 2.—No judge, prosecuting attorney, or other officer
fact, that in of any court, shall disclose the fact of any such indictment
being found, until the defendant therein shall have been ar-
rested, or recognized to answer the same; and any person
violating this provision shall be deemed guilty of a misde-
demeanor.
Qualification
sections.
meanor.
SEC. 3. The two last sections shall not extend to any
of the two last officer making any such disclosure by the issuing, or in the
execution, of any process on such indictment, or in any other
way, when it shall become necessary in the discharge of any
official duty.
In case of
two indict-
ments for the
same matter,
irst to be
quashed.
In what
receiv-
ers of stolen
SEC. 4.—If there be at any time pending against the
same defendant two indictments for the same offence, or two
indictments for the same matter, although charged as dif-
ferent offences, the indictment first found shall be deemed to
be suspended by such second indictment, and shall be
quashed. (b)
SEC. 5.-When any person shall be liable to prosecution
county recer as the receiver of any personal property that shall have been
feloniously stolen, taken or embezzled, he may be indicted,
tried and convicted, in any county where he received or had
property may
be indicted,
tried and con-
victed.
(a) Vide, State v. Corson, 12 Mo. Rep., 404.
(b) A plea in abatement, alleging the pendency of another indictment for
the same offence, should specifically show that the indictment plead to was
the one first found, and that the offensive act charged in each is the same.
Austin v. State, 12 Mo. Rep., 393.
PRACTICE IN CRIMINAL CASES.
1173
CHAP. 127.
such property, notwithstanding such theft or embezzlement
was committed in another county. (a)
SEC. 6. When any offence shall have been committed
within this State on board of any vessel, in the course of any
voyage or trip, an indictment for the same may be found,
and a trial and conviction thereon had, in any county through
which, or any part of which, such vessel she'l be navigated
in the course of the same voyage or trip, or in the county
where such voyage or trip shall terminate, in the same man-
ner, and with like effect, as in the county where the offence
was committed. (b)
SEC. 7.- Where an offence shall be committ d on the
In what coun-
ments, trial
and convic-
tion, may be
had for offen-
ces on board
ties indict-
of vessels, &c.
In what
county indict-
ments may be
found for of
fences com-
mitted near &
boundary of two counties, or within five hundred yards of
such boundary, or where the person committing the offence
shall be on one side, and the injury be done on the other side
of such boundary, the indictment may be found, and a trial boundary line
and conviction thereon had, in either of such counties.
SEC. 8.—Where it is a matter of doubt, in the opinion
of the court, in which of two or more counties the offence
was committed, the court of either, in which the indictment
is found, shall have jurisdiction of the offence.
of a county.
Where there
is doubt, what
court shall
have jurisdic-
tion.
Where the
court has not
what shall be
done.
SEC. 9. When it appears, at any time before verdict or
judgment, that the defendant is prosecuted in a county not jurisdiction,
having jurisdiction, the court may order that all the papers
and proceedings be certified and transmitted to the proper
court of the proper county, and recognize the defendant (if
not in confinement or custody) and witnesses to appear at
such court, on the first day of the next term thereof, in like
manner and with like effect as in cases of changes of venue;
and the prosecution shall proceed in the latter court, in the
same manner as if it had been there commenced.
SEC. 10. When a jury has been empanneled in the case
contemplated in the last preceding section, such jury shall be
discharged without prejudice to the prosecution.
SEC. 11.-If the defendant be in actual custody or con-
finement, the body of the defendant shall be removed to the
jail of the proper county, in like manner and with like effect,
in all respects, as in cases of changes of venue.
(a) See, act Crimes and Punishments, article nine, sections three and
four, when the offence was committed in another State.
(b) This provision is constitutional. Steerman v. State, 10 Mo. Rep., 503
Jury to be
discharged
without preju-
the
dice to
prosecution.
If defendant
be in actual
to be removed
custody, he is
to proper
court, how.
1174
PRACTICE IN CRIMINAL CASES.
vern, in what
CHAP. 127.
Statutes re- SEC. 12.-The provisions of law relating to changes of
lating to
changes of venue shall, in all respects, as far as they may be applica-
venue to go- ble, govern in cases provided in the three last preceding
sections; and the defendant, officers and witnesses, shall be
subject to the same duties and penalties as are enjoined and
inflicted, by law, upon like persons, as in cases of changes of
cases.
Allegation
of property in
indictment in
venue.
SEC. 13.-When any offence shall be committed upon, or
in relation to, any property belonging to several partners or
case of several owners, the indictment for such offence shall be deemed suffi-
cient, if it allege such property to belong to any one or more
of such partners or owners, without naming all of them.
Owners or
partners.
Proceedings
when wound,
&c., in one
county, and
death in an-
other.
Proceedings
when wound,
&c., given in
this State, and
death in an-
other.
Proceedings
when wound,
&c., given in
another State,
and death in
this State.
Indictments,
&c., against
may be had.
SEC. 14. When any mortal wound shall be given, or any
poison shall be administered, or any means shall be employed
in one county, by which any human being shall be killed, who
shall die thereof in another county, an indictment for such
offence may be found in either county, and the same pro-
ceedings shall be had thereon, in all respects, as if the
offence had been commenced and consummated in the county
in which such indictment shall be found. (a)
SEC. 15.-If any such wound or mortal injury shall be
inflicted on any human being in this State, who shall die
thereof in another State, an indictment may be found, and a
trial and conviction thereon had, in the county in which the
wound or mortal injury was given or inflicted, in all respects,
as if the death had happened in such county.
SEC. 16.- If any such wound or mortal injury shall have
been inflicted in another State, on any human being, who
shall die thereof within this State, an indictment may be
found, and a trial and conviction thereon had, in the county
in which the death happened, in all respects as if the wound
or injury had been inflicted in such county.
SEC. 17.- An indictment against an accessory to any
accessories, in felony may be found in any county where the offence of
what counties such accessory shall have been committed, notwithstanding
the principal offence may have been committed in another
county; and the like proceedings shall be had therein, in all
respects, as if the principal offence had been committed in
the same county.
(a) Vide, Crimes and Punishments, article nine, section three.
maker v. State, 12 Mo. Rep., 453.
Hem-
PRACTICE IN CRIMINAL CASES.
1175
СНАР. 127.
Accessories
SEC. 18. An accessory, before or after the fact, may be to be tried,
indicted, tried and punished, notwithstanding the principal &c.
felon may not have been arrested, tried or convicted. (a)
SEC. 19. When property, stolen in one county and
—
brought into another, shall have been taken by burglary or
robbery, the offender may be indicted, tried and convicted,
for such burglary or robbery, in the county into which such
stolen property was brought, in the same manner as if such
burglary or robbery had been committed in that county.
SEC. 20.— When two or more persons are charged with
having committed an offence jointly, all concerned shall be
included in one indictment.
When rob-
bery, &c., may
be tried in
county to
which proper-
ty is carried.
Two or more
charged joint-
ly, to be in-
cluded in same
indictment.
Counts for
different de-
grees of same
Variance in
cases specifi-
ed, not ground
for an acquit-
tal of defend-
ant, unless,
&c.
SEC. 21.When, by law, an offence comprises different
degrees, an indictment may contain counts for the different
degrees of the same offence, or for any of such degrees. (b) offence.
SEC. 22.Whenever, on the trial of any indictment for
any felony or misdemeanor, there shall appear to be any va-
riance between the statement in such indictment and the evi-
dence offered in proof thereof, in the christian name or sur-
name, or both christian name and surname, or other descrip-
tion whatsoever, of any person whomsoever therein named
or described; or in the name or description of any matter or
thing whatsoever therein named or described; or in the
ownership of any property, named or described therein, such
variance shall not be deemed grounds for an acquittal of the
defendant, unless the court before which the trial shall be
had shall find that such variance is material to the merits of
the case, and prejudicial to the defence of the defendant. (c)
(a) See, title Crimes and Punishments, article nine, sections five and six;
1 Anne, statute 2, c. 9, s. 2; 22 Geo. 3, c. 58, s. 1; 7 Geo. 4., c. 64, s. 9;
8 Geo. 4., c. 38, s. 3.
(b) See, title Crimes and Punishments, article three, sections nineteen
and thirty-two, and article nine, sections fourteen and eighteen; also, sec-
tion twenty-three of this article. Offences of a different character or de-
gree, upon which the judgments must be different, must not be joined
Storrs v. State, 3 Mo. Rep., 8; Vide, Frasier v. State, 5 Mo. Rep., 536.
Felonies and misdemeanors cannot be joined in the same indictment. Hil-
derbrand v. State, 5 Mo. Rep, 548. Two distinct offences of different de-
grees, and punishable in a different manner, were joined in the same count,
yet, as there was no demurrer, either general or special, nor any motion to
quash, the defect was cured by verdict, and could not be taken advantage
of by motion in arrest, or by writ of error. Ibid.
(c) Vide, State v. Curran, 18 Mo. Rep, 320; State v. Dillihunty, Ibid,
831; title Crimes and Punishments, article nine, section nineteen.
T— VOL. II.
14 and 15
Vic., c. 100.
1176
PRACTICE IN CRIMINAL CASES.
What counts
may be joined.
Demurrers
and motions to
CHAP. 127.
SEC. 23. Counts for larceny and embezzlement may be
joined in the same indictment. (a)
SEC. 24.A demurrer to, [or] a motion to quash, an in-
specify dictment, shall distinctly specify the grounds of objection to
grounds of ob-
the indictment; unless it does so, it shall be disregarded; nor
jection.
shall any reason be held to sustain such demurrer or motion,
not specified therein.
New section.
If defendant
be indicted by
ed with.
SEC. 25. — If a defendant be indicted by a wrong name,
wrong name, unless he declare his true name before pleading, he shall be
how proceed- proceeded against by the name in the indictment. If he
allege that another name is his true name, it must be entered.
in the minutes of the court; and after such entry, the trial,
and all other proceedings on the indictment, shall be had
New section. against him by that name, referring, also, to the name by
which he is indicted, in the same manner, in all respects, and
with the same consequences, as if he had been indicted by
his true name. (b)
Not neces-
sary to state
any venue in
body of indict-
ment, only in
the margin.
Indictments
not to be af-
fected by cer-
tain omissions
and defects.
SEC. 26.—It shall not be necessary to state any venue in
the body of any indictment; but the county, or other juris-
diction named in the margin thereof, shall be taken to be
the venue for all the facts stated in the body of the in-
dictment. (c)
SEC. 27. No indictment shall be deemed invalid, nor
shall the trial, judgment or other proceedings thereon, be
stayed, arrested, or in any manner affected: First, By reason
of the omission or misstatement of the defendant's title, oc-
cupation, estate or degree, or of the county or town of his
residence; or, Second, By the omission of the words, "with
force and arms," or any words of similar import; or, Third,
By omitting to charge any offence to have been contrary to
a statute or statutes, notwithstanding such offence may have
been created, or the punishment declared, by a statute; or,
Fourth, For the omission of the words, "as appears by the
(a) See, Crimes and Punishments, article three, sections nineteen and
thirty-two, and article nine, sections fourteen, fifteen, sixteen and eighteen;
also, section twenty-one of this article.
State v.
(b) The middle name of a person is no part of his name.
Martin, 10 Mo. Rep., 391. Hutson, for Hudson, is not a misnomer. State
v. Hutson, 15 Mo. Rep., 512.
(c) "The county aforesadi," in an indictment, not a sufficient venue,
where two counties have been previously named. State v. McCracken, 20
Mo. Rep., 411.
PRACTICE IN CRIMINAL CASES.
1177
CHAP. 127.
14 and 15
record;" nor for omitting to state the time at which the
offence was committed, in any case where time is not of the
essence of the offence; nor for stating the time imperfectly;
nor for stating the offence to have been committed on a day
subsequent to the finding of the indictment, or on an impos-
sible day, or on a day that never happened; nor for want of
a proper or perfect venue; nor for want of any venue at all;
nor for want of a statement of the value or price of any
matter or thing, or the amount of damages, injury or spoil, Vic., c. 100.
in any case where the value or price, or the amount of da-
mages, injury or spoil, is not of the essence of the offence;
nor for the want of an allegation of the time or place of any
material fact, when the time and place have once been stated.
in the indictment; nor that dates and numbers are repre-
sented by figures; nor for an omission to allege that the
grand jurors were empanneled, sworn or charged; nor for
any surplusage or repugnant allegation, when there is suffi-
cient matter alleged to indicate the crime and person charged;
nor for want of the averment of any matter, not necessary
to be proved; nor for any other defect or imperfection which
does not tend to the prejudice of the substantial rights of the
defendant, upon the merits. (a)
In an in-
dictment for
forging, &c.,
any instru-
SEC. 28. In any indictment for forging, uttering, steal-
ing, embezzling, destroying or concealing, or for obtaining
by color of any false token, writing, or false pretences, any
instrument, it shall be sufficient to describe such instrument be described,
by any name or designation by which the same may be usually how.
(a) This section contains many new provisions, affecting materially the
rules of criminal pleading. See, section seventeen of the act of 1845.
State v. Cook, 1 Mo. Rep,. 547; State v. Hardwick, 2 Mo. Rep., 226; State
v. Palmer & Doll, 4 Mc. Rep., 453; 8 Mo. Rep., 283; Markley v. State, 10
Mo. Rep., 291; State v. Ames, 10 Mo. Rep., 743; Erwen v. State, 13 Mo.
Rep., 306; State v. England, 19 Mo. Rep., 386; State v. McCracken, 20
Mo. Rep., 411. Unnecessary and useless averments may be rejected as
surplusage. State v. Hamilton, 7 Mo. Rep., 300. Vide, Jennings v. State,
9 Mo. Rep., 852. It is not necessary in an indictment to negative any ex-
ception not contained in the clause creating the offence. State v. Buford,
10 Mo. Rep., 703. Vide, State v. Edwards, 19 Mo. Rep., 674. Time is
not material in an indictment under the thirty-eighth (thirty-ninth in this
revision) section of article two of the act concerning Crimes and Punish-
ments, so that the offence is alleged and proved to have been committed
before the finding of the indictment, and within one year before. State v.
Magrath, 19 Mo. Rep., 678 An indictment for murder in the first degree
must set forth with accuracy the manner in which the murder was com-
mitted; if by poison, or lying in wait, it must be so stated; and if by any
other kind of willful, deliberate and premeditated killing, the circumstances
must be set forth intelligibly. State v. Jones, 20 Mo. Rep., 58.
ment, it shall
1178
PRACTICE IN CRIMINAL CASES.
Vic., c. 100.
СНАР. 127.
14 and 15 known, or by the purport thereof, without setting out any
copy or fac simile thereof, or otherwise describing the same,
or the value thereof.
Instrument
described in
cases, how.
14 and 15
Vic., c. 100.
SEC. 29. In any indictment for engraving or making the
the indictment whole or any part of any instrument, matter, or thing what-
in certain soever; or for using or having the unlawful possession of any
plate or other material, upon which the whole or any part of
any instrument, matter, or thing whatsoever, shall have been
engraved or made; or for having the unlawful possession
of any paper upon which the whole or any part of any
instrument, matter, or thing whatsoever, shall have been
made or printed; it shall be sufficient to describe such instru-
ment, matter or thing, by any name or designation by which
the same may be usually known, without setting out any
copy or fac simile of the whole, or any part of such instru-
ment, matter or thing.
Instrument
described in
cases, how.
SEC. 30. — In all other cases, whenever it shall be neces-
in-
the indict- sary to make any averment in any indictment as to any
ment in other strument, whether the same consists wholly or in part, of
writing, print or figures, it shall be sufficient to describe such
instrument by any name or designation by which the same
may be usually known, or by the purport thereof, without
setting out any copy or fac simile of the whole, or any part
thereof.
14 and 15
Vic., c. 100.
Money or
notes issued
cases of em-
ney or notes
on false pre-
tences, what
proof shall be
SEC. 31. — In every indictment in which it shall be neces-
by banks, de- sary to make any averment as to any money or any note
scribed, how; being, or purporting to be, made or issued by any bank in-
what proof
shall be suffi- corporated by law, it shall be sufficient to describe such money
cient. In or note simply as money, without specifying any particular
bezzlement, or coin or note; and such allegation shall be sustained by proof
obtaining mo- of any amount of coin, or of any such note, although the
particular species of coin of which such amount was com-
posed, or the particular nature of such note, shall not be
proved; and in cases of embezzlement, and obtaining money
or such notes by false pretences, by proof that the offender
embezzled or obtained any piece of coin, or any such note, or
any portion of the value thereof, although such piece of coin
or such note may have been delivered to him, in order that
some part of the value thereof should be returned to the
party delivering the same, or to any other person, and such
part
shall have been returned accordingly.
sufficient.
14 and 15
Vic., c. 100.
PRACTICE IN CRIMINAL CASES.
1179
СНАР. 127.
indictments,
by whom issu-
executed.
SEC. 32. — A warrant, or other process, for the arrest of Warrants on
the defendant indicted, may be issued by the court in which
such indictment shall have been found, or by the judge ored and where
clerk thereof, or by any judge of the Supreme Court, and by
no other officers, and may be directed to and executed in any
county in this State.
SEC. 33. Where the indictment is for a bailable offence,
the defendant may be let to bail by the court in which such
indictment is pending, or, if such court be not sitting, by the
judge thereof, or by any judge, or justice of the county court,
of the county in which the indictment is pending.
SEC. 34. When the indictment is for a misdemeanor,
the sheriff may himself admit the defendant to bail, with suf-
ficient security, in a sum proportioned to the offence, and
which in no case shall be less than one hundred dollars; and
the recognizance taken shall be signed by the prisoner and
his securities, and attested by the sheriff.
Persons in-
dicted let to
bail, by what
oicers.
For mis-
demeanors,
admit to bail
any one who
will give se
curity, &c.
sheriff may
No other
officers au-
SEC. 35. No court or officer other than those specified.
in the two last sections shall let to bail any person indicted thorized to let
for any offence. -
SEC. 36. Whenever any person indicted for any offence
shall be let to bail, the officer taking the recognizance shall
immediately file the same with the clerk of the court in which
the indictment is pending.
SEC. 37.-If any person indicted for a criminal offence
abscond, or flee from justice, or cannot be found to be served
with process, or, being let to bail, shall not appear according
to the condition of the recognizance, the cause may be con-
tinued from term to term, without issuing process on the in-
dictment; and such process may be issued at any time, on the
application of the prosecuting attorney.
to bail.
Recogni-
zance on let-
ting to bail,
where to be
filed, &c.
If any per
son abscond
or flee after
cause
indictment,
may be con-
tinued; pro-
ceedings.
Bail may
arrest his
principal.
New section.
SEC. 38. When a bail desires to surrender his principal,
he may procure a copy of the recognizance from the clerk,
by virtue of which the bail, or any person authorized by him,
may take the principal in any county within this State. (a)
SEC. 39. The bail, at any time before final judgment
against him upon a forfeited recognizance, may surrender his principal be-
principal in open court, or to the sheriff; and, upon the payment.
fore final judg
(a) The recognizors have power over their principal; they can arrest him
any where, and deliver him up to the jailer of the county. State v. David-
son, 20 Mo. Rep., 409.
surrender his
He may
1180
PRACTICE IN CRIMINAL CASES.
CHAP. 127.
Discharged ment of all costs, may thereupon be discharged from any
from liability, further liability upon the recognizance.
how.
nizance;
To deliver SEC. 40. The bail must deliver a certified copy of the
copy of recog-recognizance to the sheriff, with the principal, and the sheriff
ceptance to be must accept the surrender of the principal, and acknowledge
in writing.
such acceptance in writing.
ac-
Defendant SEC. 41. Any defendant so surrendered may give other
may give other
bail, or remain bail, or remain in custody until discharged by due course of
in custody.
law.
ARTICLE V.
OF THE ARRAIGNMENT, AND OTHER PROCEEDINGS BEFORE
TRIAL.
1. All indictments tried at first? 21. Change of venue allowed to be
term, unless, &c.
2. In capital cases, when copy of
indictment to be furnished
the prisoner.
3. In other cases, defendant enti-
tled to a copy of indictment,
on demand.
4. Duty of the court to assign
counsel in certain cases; his
privileges.
5. When plea of not guilty to be
entered.
6. Dilatory pleas, when admissi-
ble.
7. Venue of plea laid without the
county, how tried.
8. Defendant entitled to subpœ-
nas, &c.
made by the judge, upon
facts within his knowledge.
22. Order of removal.
23.
When application must be made
during the term.
24. If facts sufficient arise since
last continuance, change al-
lowed.
25. Order for removal of a cause,
how made.
26. Recognizauce, how and when
taken.
27.
Such recognizance may be ta-
ken, by whom.
28. Restrictions upon the privilege.
29. Order to remove the body,
when made.
Duty of sheriff in obeying the
4
30.
9. Disobedience punished as in
civil cases.
order.
31.
Transcript of the record to be
10. Tender of fees unnecessary in
criminal cases.
made out, &c.
32.
33.
11. In what case a commission to
take depositions may be
granted.
12. Officer prosecuting may join in
such commission, &c.
13. Interrogatories to be annexed;
how executed and returned.
14. Depositions de bene esse, how
taken, &c.
15. Change of venue, how made
when the judge is indicted.
16. When ordered on account of
interest in the judge.
17. When allowed, because of pre-
judice in the people, &c.
18. When allowed from one circuit
to another.
19. Petition, by whom made, &c.
20. Such petition must be accom-
panied with an affidavit.
Cause to proceed in all respects
as if it originated therein.
How to proceed if transcript
be not transmitted or re-
ceived, &c., at the first term
of court to which it was or-
dered.
34. Defendant, witness, &c., who
are under recognizance, hav-
ing notice of removal, to at-
tend the place of trial; failure
to do so deemed a breach of
recognizance.
25. Order of removal made in term,
deemed a notice to persons
under recognizance; in other
cases, notice, how and by
whom given, and how served.
36. Costs and expenses in the re-
moval, by what court to be
adjusted; how taxed, &c.
PRACTICE IN CRIMINAL CASES.
1181
}
CHAP. 127.
37. Penalty on clerk who shall 39. When cause is continued, the
neglect or refuse to perform
duties enjoined on him in
removal of causes; penalty,
how recovered.
38. Several defendants, and cause
for removal only as to part,
others to be tried in the
county in which cause is
pending, how.
parties may require witnesses
to enter into recognizance,
&c.; penalty for non-attend-
ance at next term; attach-
ment may issue.
40. One change of venue only al-
lowed to same defendant.
41. Certain sections not to apply
to the county of St. Louis.
SECTION 1.All indictments shall be tried at the first
term at which the defendant appears, unless the same be con-
tinued for cause.
SEC. 2.-It shall be the duty of the clerk of the court in
which an indictment against any person, for a capital offence,
may be pending, whenever the defendant shall be in custody,
or held by recognizance to answer thereto, to make out a
copy of such indictment, and cause the same to be delivered
to the defendant or his counsel, at least forty-eight hours be-
fore he shall be arraigned on such indictment. (a)
SEC. 3.-Every person who shall be indicted for any
offence, not capital, who shall have been arrested, or held by
recognizance to appear and answer to such indictment, shall,
on demand, and on payment of the fees allowed by law
therefor, be entitled to a copy of the indictment and all
endorsements thereon.
Indictments,
when tried.
In capital
cases, copy of
the indictment
to be furnish-
ed to the pri-
soner, when.
In other
cases, defend-
ant entitled to
copy, on de-
mand, &c.
Court to as-
in certain
cases.
SEC. 4. If any person, about to be arraigned upon an
indictment for a felony, be without counsel to conduct his sign counsel
defence, and be unable to employ any, it shall be the duty of
the court to assign him counsel, at his request, not exceeding
two, who shall have free access to the prisoner at all rea-
sonable hours.
When plea
to be entered.
SEC. 5.- When any person shall be arraigned upon any
indictment, it shall not be necessary to ask him how he will of not guilty
be tried; and if he deny the charge in any form, or require
a trial, or if he refuse to plead or answer, and in all cases
when he does not confess the indictment to be true, a plea of
not guilty shall be entered, and the same proceedings shall
be had, in all respects, as if he had formally pleaded not
guilty to such indictment. (b)
(a) If the defendant plead and go to trial without objecting to the
want of such copy, the neglect of duty by the clerk will not be sufficient
ground to set aside the verdict. Lisle v. State, 6 Mo. Rep., 426.
(b) Where a demurrer is overruled, and defendant refuses or neglects to
1182
PRACTICE IN CRIMINAL CASES.
Dilatory
pleas, when
admissible.
Venue of
plea laid with-
out the coun-
ty, how tried.
Defendant
subpoenas, &c.
СНАР. 127.
SEC. 6.- No plea in abatement, or other dilatory plea to
an indictment, shall be received by any court, unless the
party offering such plea shall prove the truth thereof, by
affidavit, or some other evidence. (a)
SEC. 7. When any matters shall be pleaded to an indict-
ment, as having occurred in any other county than that in
which the indictment was found, it shall be tried in the same
manner as if it had been alleged to have occurred in the
same county where such plea is tendered.
SEC. 8.- Every person indicted or prosecuted for a cri-
entitled to minal offence shall be entitled to subpoenas and compulsory
process for witnesses, in like manner, and under like circum-
stances, as parties in civil cases.
Disobedience
punished as in
civil cases.
Tender of
sary in crimi-
nal cases.
SEC. 9.-Disobedience to any such subpoenas shall be
punished in the same manner, and upon like proceedings, as
provided by law in civil cases; and every delinquent witness
shall be liable to the party at whose instance he was sum-
moned, in the same manner, and to the same extent, as in
cases of witnesses summoned in a civil suit.
SEC. 10. It shall not be necessary to pay or tender any
fees not neces- fees whatever, to any witness summoned on the part of the
State, or on the part of the defendant; but such witness shall
be bound to attend, and be liable for his non-attendance, in
the same manner as if the fees allowed to witnesses had been
duly paid to him.
cases a
mission to
In what SEC. 11. When any issue of fact is joined in any crimi-
a com-nal case, and any material witness for the defendant resides
take deposi- out of the State, or, residing within the State, is enciente,
tions may be
sick or infirm, or is bound on a voyage, or is about to leave
granted.
this State, such defendant may apply to the court, or judge
thereof, in which the cause is pending, for a commission to ex-
amine such witness upon interrogatories thereto annexed, and
such court may grant the same, upon the like proof and on
the like terms, as provided, by law, in civil cases.
plead further, the court should direct the plea of not guilty to be entered.
Thomas v. State, 6 Mo. Rep., 457; Ross v. State, 9 Mo. Rep., 687. The
court cannot, on a demurrer to a plea in abatement, enter judgment, assess-
ing the punishment of the defendant. A plea of not guilty must be entered
in all cases, where the defendant does not confess the indictment to be true.
Maeder v. State, 11 Mo. Rep, 363.
(a) The illegal manner of summoning a grand jury is no ground for a
plea in abatement; nor would it, under our statute, be any ground for a
challenge to the array. State v. Bleekley, 18 Mo. Rep, 428.
PRACTICE IN CRIMINAL CASES.
1183
CHAP. 127.
Officer pro-
SEC. 12. The court, or judge thereof, granting such secuting may
commission, may permit the officer prosecuting for the State join in such
to join in such commission, and to name material witnesses commission,
to be examined on the part of the State, whose personal
attendance cannot be obtained for like causes.
SEC. 13.-Interrogatories, to be annexed to such commis-
sion, shall be settled, and such commission shall be issued,
executed and returned, in the manner prescribed by law in
respect to commissions in civil cases; and the depositions
taken thereon and returned shall be read, in like cases and
with the like effect, as in civil suits.
&c.
Interroga
tories to be
annexed; how
executed and
returned.
Depositions
de bene esse,
&c.
SEC. 14. The defendant in any criminal cause may,
also, have witnesses examined on his behalf, conditionally, how taken,
upon a commission issued by the clerk of the court in which
the cause is pending, in the same cases and upon the like
notice to the prosecuting attorney, with the like effect, and
in all respects as is provided by law in civil suits.
SEC. 15. Whenever any indictment or prosecution for a
criminal offence shall be pending in any court against the
judge thereof, the same shall be removed to the circuit court
of some county in a different circuit, upon the order, in writ-
ing, of the circuit attorney prosecuting for the circuit, or
upon the order of any judge of the Supreme Court.
SEC. 16. When any indictment or criminal prosecution
shall be pending in any circuit court, the same shall be re-
moved by the order of such court, or the judge thereof, to
the circuit court of some county in a different circuit, in
either of the following cases: First, When the judge of the
court in which the cause is pending is near of kin to the
defendant, by blood or marriage; or, Second, Where the
defendant is a slave, and such judge, or a person near of kin
to him, is the owner, or has any interest in such slave; or,
Third, Where the offence charged is alleged to have been
committed against the person or property of such judge, or
some person near of kin to him; or, Fourth, Where the
judge is, in any wise, interested or prejudiced, or shall have
been counsel in the cause.
SEC. 17.-Any criminal cause, pending in any circuit
court, may be removed by the order of such court, or the
judge thereof, to the circuit court of another county in the
same circuit, whenever it shall appear, in the manner here-
T 2-VOL. II.
Change of
venue, how
judge is in-
made, when
dicted.
When order-
ed on account
of interest,
&c., in the
judge.
When al-
lowed because
of prejudice
in the people,
&c.
1184
PRACTICE IN CRIMINAL CASES.
When allow-
ed from one
circuit to an-
other.
Petition, by
whom made,
&c.
Must be ac-
companied by
an affidavit.
Notice to
prosecuting
attorney.
When court
make an or-
CHAP. 127.
inafter provided, that the minds of the inhabitants of the
county in which the cause is pending are so prejudiced against
the defendant that a fair trial cannot be had therein.
SEC. 18.- Whenever it shall appear, in the manner here-
inafter provided, that the inhabitants of the entire circuit are
so prejudiced against the defendant that a fair trial cannot
be had therein, the cause shall, by order of the court or
judge, be removed to another circuit, in which such prejudice
is not alleged to exist.
SEC. 19. Such order of removal, as specified in the two
preceding sections, shall be made on the application of the
defendant; or, where the defendant is under the age of sixteen,
or is a slave, on the application of such slave, or of the owner
of such slave, or the parent or guardian of such infant; and
if such infant has no parent or guardian, then on the appli-
cation of any two respectable citizens of the county where
the cause is at issue.
SEC. 20.-The petition of the applicant for a change of
venue shall set forth the facts, and the truth of the allega-
tions shall be supported by the affidavit of the defendant, or
some credible disinterested person; and reasonable previous
notice of such application must be given to the prosecuting
attorney. (a)
SEC. 21.-Whenever it shall be within the knowledge of
or judge may a court or judge, that facts exist which would entitle a de-
der for change fendant to the removal of any criminal cause, on his applica-
out applica- tion, such court or judge may make an order for such re-
moval, without any application by the party for that pur-
pose. (b)
of venue with-
tion.
Order of re-
moval.
SEC. 22.-Every order for the removal of any cause,
under the foregoing provisions, shall state whether the same
(a) The slave, and not the owner, should petition for a change of venue.
Fanny (a slave) v. State, 6 Mo. Rep., 122. The term credible disinterested
person means a person who would be a competent witness. Freleigh v. State,
8 Mo. Rep., 606. As to what is reasonable notice of an application for a
change of venue-see, Reed v. State, 11 Mo. Rep., 379; Golden v. State,
13 Mo. Rep., 417; State v. Floyd, 15 Mo. Rep., 349. The law providing
for changes of venue in criminal cases does not apply to causes pending
against persons undergoing sentence of imprisonment in the penitentiary.
Golden v. State, 13 Mo. Rep., 417.
(b) The statute not only permits, but makes it the duty of the judge to
change the venue in criminal cases, where the judge himself has an interest
in the cause. Jim v. State, 3 Mo. Rep., 147. Vide, section forty of this
article.
PRACTICE IN CRIMINAL CASES.
1185
CHAP. 127.
is made on the application of the party, or on facts within
the knowledge of the court or judge, and shall specify the
cause of removal, and designate the county to which the
cause is removed.
SEC. 23.-No order for the removal of any cause shall be
made, on the application of the defendant, for the causes
specified in the seventeenth or eighteenth section, unless
such application be made during the term of the court at
which the indictment is found: Provided, Said defendant be
in custody or on recognizance, and if not so in custody or
held to bail, then the application may be made at or before
the first term after the defendant shall have been arrested,
and not thereafter, except as provided for in the next suc-
ceeding section.
SEC. 24. If the defendant will, in addition to the oath
requisite in ordinary and timely applications, swear that the
facts on which he grounds his application have first come to
his knowledge since the last preceding continuance of the
cause, the court shall grant a change of venue, although such
application be made at a term subsequent to that at which
the prisoner was likely to be arraigned.
SEC. 25.- Every order for the removal of a cause, if made
in term, shall be entered on the minutes; if made by an
officer out of court, shall be in writing, and signed by such
officer, and shall be filed by the clerk, with the petition, (if
any,) as a part of the record in the cause.
When ap-
plication must
be made dur-
ing the term.
If facts suf-
ficient arise
since last con-
tinuance,
be allowed.
change may
Order for
removal of a
cause, how
made.
Recogni-
zance, how
when
taken.
SEC. 26. When such order shall be made, the defendant,
if not in confinement or custody, shall enter into a recogni- and
zance, with sufficient sureties, for his appearance to answer
the charge in the court to which the cause is to be removed,
at the next term thereof, and not to depart such court without
leave.
SEC. 27. Such recognizance may be taken by the court.
or judge making the order, or by any court or officer author-
ized by law to let to bail, after indictment; and, when taken
out of the court in which the cause is pending, shall be filed
with the clerk thereof.
By whom.
Restrictions
upon the pri-
SEC. 28.-No order for the removal of a cause shall be
effectual in the case of any defendant, not in confinement or vilege.
custody, unless a recognizance, taken as herein directed, be
entered into in open court, or delivered with the order, and
1186
PRACTICE IN CRIMINAL CASES.
Order to re-
move the bo-
dy,
made.
CHAP. 127.
filed with the clerk of the court, nor unless such order be deli-
vered before any juror is sworn in the cause; and in no case
shall a second removal of any cause be allowed. (a)
SEC. 29. If the defendant be in actual custody or con-
when finement, the court or officer granting the order of removal
shall, also, make an order, commanding the sheriff to remove
the body of the defendant to the jail of the county into which
the cause is to be removed, and then deliver him to the keeper
of such jail, together with the warrant or process, by virtue
of which he is imprisoned or held.
Duty of she-
riff in obeying
the order.
Transcript
of the record
to be made
out, &c.
Cause to pro-
ceed in all re-
spects as if it
SEC. 30.—The sheriff shall obey such order without un-
necessary delay, and shall endorse on the commitment or pro-
cess, by virtue of which the prisoner was in his custody, the
reason of the change of custody, and shall deliver such war-
rant, with the prisoner, to the keeper of the jail of the pro-
per county, who shall give such sheriff a receipt therefor, and
take charge of and keep the prisoner, in the same manner
as if he had been originally committed to such jail.
SEC. 31.- Whenever any order shall be made for the re-
moval of any cause, under the foregoing provisions, the clerk
of the court in which the same is pending shall make out a
full transcript of the record and proceedings in the cause, in-
cluding the order of removal, the petition therefor, (if any,)
and the recognizance of the defendant, and of all witnesses,
and shall transmit the same, duly certified under the seal of
the court, to the clerk of the court to which the removal is
ordered. (b)
SEC. 32. — On the receipt of such transcript by the clerk
of the court to which any cause is removed, he shall file the
originated same as a record of his court, and the same proceedings shall
be had in the cause in such court, in the same manner and in
all respects as if the same had originated therein. (c)
therein.
How to pro-
ceed if tran-
SEC. 33. If such transcript shall not be transmitted, or
script be not shall not be received at or before the first term of the court
transmitted or
received, &c.
(a) Vide, section forty of this article. A second change of venue may
be granted where the judge has been counsel in the cause, notwithstanding
this section. State v Gates, 20 Mo. Rep., 400.
(b) The original indictment should be retained in the office of the clerk,
in the county in which it is found. A copy, only, should be included in the
transcript of the record and proceedings. Ruby v. State, 7 Mo. Rep., 206.
(c) An omission by the clerk to endorse upon the transcript the time
when it was filed in his office, is not sufficient cause for arresting the judg-
ment of the court. Day v. State, 13 Mo. Rep., 422.
PRACTICE IN CRIMINAL CASES.
1187
CHAP. 127.
to which the cause is ordered to be removed, or if such tran-
script shall be lost or destroyed, the cause shall not, by reason
thereof, be discontinued, but such transcript, or another in
lieu thereof, may be transmitted and filed, as required by this
act, at or before the next succeeding term of such court, and
proceedings thereon shall be had as if no such failure or loss
had happened. (a)
SEC. 34. — The defendant, and all witnesses and others,
who shall have entered into any recognizance to attend the
trial of such cause, having notice of the removal thereof, shall
be bound to attend at the time and place of trial, in the county
to which the cause is removed, and a failure to do so shall be
deemed a breach of recognizance.
Defendant,
witness, &c.,
recognizance,
tend the trial,
who are under
bound to at-
&c.
Order of re-
moval made in
term, deemed
notice to per-
cognizance; in
sons under re-
SEC. 35. When the order of removal is made in term, it
shall be deemed a notice to every person who shall have en-
tered into a recognizance to appear at such term; in other
cases, the notice shall be in writing, signed by the prosecut-
ing attorney or clerk of the court, and served on the
so recognized, in the manner provided, by law, for serving be &c.
notices.
person
SEC. 36. The costs and expenses necessarily incurred
in the removal of any such cause under the foregoing pro-
visions, shall be adjusted and allowed by the court wherein
the cause is tried, and shall be taxed as other costs in such
cause.
SEC. 37. If any clerk of the court shall neglect or re-
fuse to perform any daty in relation to the removal of a
cause, enjoined on him by the foregoing provisions, he shall
forfeit and pay a sum not exceeding five hundred dollars, to
be recovered by a civil action, in the name and to the use of
the State.
SEC. 38. Where there are several defendants in any in-
dictment in a criminal prosecution, and the cause of the re-
moval thereof exists only as to part of them, the other
defendants shall be tried, and all proceedings had against
them, in the county in which the case is pending, in all
(a) Where the record sent up is imperfect, the court will not for that rea-
son discharge the defendant from his recognizance. Laporte v. State, 6
Mo. Rep., 208. The usual and regular mode of proceeding in such cases
is, for the circuit attorney to suggest a diminution of the record, and move
for a writ of certiorari, directed to the circuit court of the county from which
the change of venue was taken, to send up the record. Ibid.
other
cases,
notice shall
Costs of re-
moval, how
adjusted and
taxed.
Penalty on
clerk who
shall neglect
to perform du-
on him in re-
ties enjoined
moval
causes.
of
Several de-
feudants, and
cause for re-
moval only as
to be tried as
to part, others
if
no order
was made.
1188
PRACTICE IN CRIMINAL CASES.
CHAP. 127.
When cause
is continued,
respects as if no order of removal had been made as to any
defendant.
SEC. 39. Whenever a criminal case shall be continued,
the parties all the witnesses in attendance shall be called by the court,
may require and as many of them as the parties may desire shall be re-
witnesses
to
any
enter into re- quired to enter into recognizance for their appearance at the
cognizance, next term at which such case shall be set for trial; and if
&c.; penalty
for non-at- such witness shall fail to appear in said court, when so called
tendance, &c. for the purpose of being recognized, such witness shall forfeit
all his fees as witness in such cause, and may be compelled
so to appear by attachment.
One change
of venue only
allowed to
ant.
SEC. 40.— Whenever an application for a change of venue
shall be made, in conformity to the seventeenth, eighteenth,
same defend-nineteenth, twentieth and twenty-fourth sections of this arti-
cle, a change of venue shall be awarded as a matter of right,
and the court or judge shall have no discretionary power to
refuse the same; but only one change of venue shall be
awarded, under the provisions of this act, to the same
defendant.
Sections six-
teen, seven-
teen and eigh-
teen, shall not
apply to the
county of St.
Louis.
SEC. 41. That sections sixteen, seventeen and eighteen,
of this article, shall not apply to the county of St. Louis,
but all changes of venue therein shall be governed by the
laws in force in such county.
ARTICLE VI.
OF TRIALS FOR OFFENCES, AND PROCEEDINGS INCIDENT
THERETO.
? 1. Issues of fact on indictments, | 9. Grand jurors who found in-
how to be tried.
2. Court may try misdemeanors,
when.
3. Jury of part aliens not allowed;
aliens, by what jurors to be
tried.
4. On indictment for criminal of-
fence, in what cases defendant.
entitled to peremptory chal-
lenge of jurors.
5. Defendants shall join in their
challenges, when.
6. State may challenge perempto-
rily four jurors.
7. Number of jurors to be sum-
moned in criminal cases.
8. In what cases, and when list of
jurors to be delivered to de-
fendant.
dictment not to be on petit
jury.
10. On trial of a slave, or of a per-
son for injury to a slave, who
shall not serve as a juror at
such trial.
11. Certain persons not to serve as
jurors in certain cases.
12. Persons who entertain certain
opinions, not allowed as ju-
rors for offences punishable
with death.
13. Witness not to be sworn as a
juror, if challenged for that
cause; juror to disclose facts
in the cause, if he knows
any, in open court.
14. What shall be good cause of
challenge to a juror.
PRACTICE IN CRIMINAL CASES.
1189
CHAP. 127.
15. Challenges for cause, how tried; 3 24. Prosecutor, or person injured
cause discovered after juror
is sworn, he may be dis-
charged, when.
16. Defendant to be present at trial
in person, or by attorney, &c.;
admitted to make proof, &c.
17. Proceedings, how regulated.
18. Law in civil cases, in what in-
stances extended to criminal
proceedings.
19. Verdict may be set aside, and
new trial had, on application
of defendant; continuance
granted to either party, when.
20. On trials for treason, what evi-
dence of overt acts to be re-
ceived; upon proof of what
overt acts conviction to be had.
21. Proof necessary to sustain in-
dictments for conspiracy.
22. Certain proof sufficient on in-
dictments for rape, or the
crime against nature.
23. On the trial of any criminal
cause, the existence, consti-
tution, &c., of any banking
company, how proved.
by offence, &c., or liable to
pay costs of prosecution,
competent witness.
25. Defendant may be discharged
to give evidence for the State,
when. Defendant may be dis-
charged to give evidence for
a co-defendant, when. Effect
of the order of discharge.
26. When defendants to be tried
separately; when jointly.
27. Defendants may file bills of ex-
ception: proceedings.
28. Prisoners indicted, when to be
discharged.
29. Person indicted and held to an-
swer on bail, when to be dis-
charged.
30. On application for discharge
under either of the two pre-
ceding sections, proceedings
of the court.
31. Courts not to sum up or com-
ment on the evidence, or
charge the jury as to matters
of fact, &c., but may as to
points of law.
SECTION 1.—All issues of fact in any criminal cause
shall be tried by a jury, to be selected, summoned and re-
turned, in a manner prescribed by law.
SEC. 2.- But the defendant and prosecuting attorney,
with the assent of the court, may submit the trial of misde-
meanors to the court, whose finding, in all such offences, shall
have the force and effect of the verdict of a jury. (a)
SEC. 3.- No alien shall be entitled to a jury of part aliens
or strangers, for the trial of any indictment; but in every
case the jurors shall be such only as are qualified to serve
according to the laws of this State.
SEC. 4.-The defendant, in every indictment for a crimi-
nal offence, shall be entitled to a peremptory challenge of
jurors in the following cases, as follows: First, If the offence
charged is punishable with death, or by imprisonment in the
penitentiary not less than for life, to the number of twenty,
and no more; Second, If the offence be punishable by like
imprisonment, not less than a specified number of years, and
no limit to the duration of such imprisonment is declared, to
(a) This is a new provision. Heretofore, the court could not, even by
consent of the defendant, try him upon a plea of not guilty. A jury could
alone try such a plea. Neales v. State, 10 Mo. Rep., 498.
Issues of fact
on indict-
ments, how to
be tried.
Court may
try misde-
meanors,
when.
Indiana
Code, 1852.
Jury for
trial of aliens.
On indict-
ment for cri-
minal offence,
in what cases
titled to pe-
remptory
jurors.
challenge of
defendant en-
1190
PRACTICE IN CRIMINAL CASES.
Def'ts shall
join in their
challenges.
State may
challenge four
jurors.
Number of
summoned in
CHAP. 127.
the number of twelve, and no more; Third, In any other
case punishable by imprisonment in the penitentiary, to the
number of eight, and no more; Fourth, In cases not punish-
able with death or imprisonment in the penitentiary, to the
number of four, and no more.
SEC. 5. When several defendants are tried together, they
shall join in their challenges.
SEC. 6. — In all criminal trials, the State may challenge,
peremptorily, four jurors.
SEC. 7. There shall be summoned and returned in every
jurors to be criminal cause, a number of qualified jurors, equal to the
criminal cases number of peremptory challenges, and twelve in addition;
and no party shall be required to make peremptory chal-
New clause. lenges, before a panel of such number of competent jurors
shall be obtained. (a)
In what
oases, and
when, list of
jurors to be
delivered to
defendant.
Grand juror
not to serve on
petit jury.
Who shall
not serve as
jurors where
slaves are con-
cerned.
Certain per-
sons not com-
petent jurors.
Persons, on
account of
opinions, not
allowed to
serve.
SEC. 8. A list of the jurors summoned shall be delivered.
to the defendant, in the cases specified in the two first sub-
divisions of the third section of this article, at least forty-
eight hours before the trial; and in other cases before a jury
is sworn, if such list be requested.
SEC. 9. No person who was a member of the grand jury,
or inquest, by which any indictment or presentment was
found in any cause, shall serve as a petit juror on the trial of
such cause.
SEC. 10. Upon the trial of any indictment against any
slave, or against any person for an injury to a slave, neither
the owner of such slave, nor any person of kin to him by
blood or marriage, shall serve as a juror.
SEC. 11.—Where any indictment alleges an offence against
the person or property of another, neither the injured party,
nor any person of kin to him, shall be a competent juror on
the trial of such indictment, nor shall any person of kin to
the prosecutor or defendant, in any case, serve as a juror on
the trial thereof.
SEC. 12.-Persons whose opinions are such as to preclude
them from finding any defendant guilty of an offence punish-
It is not necessary that a venire facias should issue to the sheriff to
summon a jury, before he can proceed to do so; nor need one be awarded
on the rolls. 3
Samuels v. State, 8 Mo. Rep., 68. Objections to the officer
returning a jury should be taken before the trial commences, and cannot
be taken advantage of in arrest of judgment. Ibid.
PRACTICE IN CRIMINAL CASES.
1191
CHAP. 127.
able with death, shall not be allowed or compelled to serve.
as jurors on the trial of an indictment for any offence pun-
ishable with death.
SEC. 13. —No witness in any criminal case shall be sworn
as a juror therein, if challenged for that cause before he is
sworn; and if any juror shall know any thing relative to the
matter in issue, he shall disclose the same in open court.
SEC. 14. — It shall be a good cause of challenge to a juror,
that he has formed or delivered an opinion on the issue, or
any material fact, to be tried; but if it appear that such
opinion is founded only on rumor, and not such as to preju-
dice or bias the mind of the juror, he may be sworn. (a)
SEC. 15. All challenges for cause may be tried by the
court, on the oath of the person challenged, or by triers on
other evidence, and such challenges shall be made before the
juror is sworn; but if the cause of challenge be discovered
after the juror is sworn, and before any part of the evidence
is delivered, he may be discharged or not, in the discretion
of the court.
SEC. 16.- No person indicted for a felony can be tried
unless he be personally present during the trial, nor can any
person indicted for any other offence be tried unless he be
present, either personally or by his counsel; and every per-
son indicted shall be admitted to make any lawful proof, by
competent witnesses or other testimony, in his defence. (b)
SEC. 17.- The proceedings prescribed by law in civil
cases, in respect to the empanneling of jurors, the keeping
them together, and the manner of rendering their verdict,
shall be had upon trials on indictments and prosecutions for
criminal offences, except in cases otherwise provided by
statute.
SEC. 18.-The provisions of law in civil cases, relative to
compelling the attendance and testimony of witnesses, their
examination, the administration of oaths and affirmations,
and proceedings as for contempt, to enforce the remedies and
protect the rights of parties, shall extend to criminal cases,
(a) When a juror qualifies himself under this section, and the judge ac-
cepts him, the Supreme Court cannot say that he committed error in ac-
cepting him. Baldwin v. State, 12 Mo. Rep., 223.
(b) A judgment of conviction cannot be sustained where the record does
not show that the defendant was ever in court until after verdict. State v.
Mathews, 20 Mo. Rep., 55.
U— VOL. II.
Witness not
to be sworn as
a juror, if
challenged,
&c.
What shall
be a good
cause of chal-
lenge to a ju-
ror.
Challenges
tried, &c.
for cause, how
If cause dis-
covered after
juror sworn,
he may be dis-
charged.
Defendants
to be present
at trial, in per-
son or by at-
torney.
make proof,
Admitted to
&c.
Empannel-
&c., how re-
ing of jurors,
gulated.
Law in civil
cases, in what
tended to cri-
instances ex-
minal pro-
ceedings.
1192
PRACTICE IN CRIMINAL CASES.
Verdicts may
be set aside,
new trials
awarded, &c.,
as in civil
cases.
Evidence of
overt acts on
CHAP. 127.
so far as they are in their nature applicable thereto, subject
to the provisions contained in any statute. (a)
SEC. 19. Verdicts may be set aside, and new trials
—
awarded, on the application of the defendant, and continu-
ances may be granted to either party, in criminal cases, for
like causes and under the like circumstances, as in civil
cases. (b)
SEC. 20. In trials for treason, no evidence shall be given
trials for trea- of any overt act that is not expressly laid in the indictment;
son, &c.
(a) See, section twenty-five of this article. It is discretionary with the
court whether witnesses shall be separated during the trial or not, and the
Supreme Court would not interfere with the exercise of such discretion,
unless it was unsoundly exercised. King v. State, 1 Mo. Rep., 717. An
accomplice may be a witness for others joined in the same indictment with
himself, if he be not put upon his trial with them. So if he has plead
guilty, or been separately convicted, and judgment for an offence which dis-
qualifies him as a witness has not been pronounced upon him. Garret v.
State, 6 Mo. Rep., 1. A party who has been jointly indicted with the de-
fendant, but in whose case a nolle prosequi has been entered, is a competent
witness against him. State v. Clump, 16 Mo. Rep., 385. A party object-
ing to the admission of a record should specify his objections. State v.
Gates, 20 Mo. Rep., 400.
(b) Vide, State v. Bird, 1 Mo. Rep., 585. One of a venire may be dis-
charged on the day of trial, on account of sickness in his family, or other
good cause. King v. State, 1 Mo. Rep., 717. The Supreme Court will
look into the validity of an indictment, whether a motion was made in ar-
rest of judgment or not. Hamuel v. State, 5 Mo. Rep., 260. Vide, Frasier
v. State, 5 Mo. Rep., 536. Felonies and misdemeanors cannot be joined in
the same indictment. Hilderbrand v. State, 5 Mo. Rep., 548. If the de-
fendant plead and go to trial, without objecting to the want of a copy of
the indictment, the neglect of duty by the clerk will not be sufficient ground
to set aside the verdict. Lisle v. State, 6 Mo. Rep., 426. The incompe-
tency of a juror is no ground for a new trial, when such incompetency was
known to the party before the juror was sworn in chief, and no objection
was then made. Lisle v. State, 6 Mo. Rep., 426. A motion for a new trial
comes too late after a motion in arrest of judgment has been made. The
latter motion assumes that the verdict is right. McComas v. State, 11 Mo.
Rep., 116. Where the court refuses to grant a continuance to a party show-
ing good and sufficient cause, such as the absence of material witnesses,
it is good ground for reversing the judgment. McKay v. State, 12 Mo.
Rep., 492.
Vide, State v. Cruise, 16 Mo. Rep., 391. One good count in
an indictment will support a general verdict, no matter how many defective
counts there may be. State v. Jennings, 18 Mo. Rep., 435. A verdict in
a criminal case, which incorrectly states the name of the party indicted,
will not support a judgment. Such a mistake cannot be amended after the
separation of the jury. State v. McBride, 19 Mo. Rep., 239. Separation
of a jury in a criminal case is no ground for a new trial, unless they have
been tampered with. (McLean v. State, 8 Mo. Rep, 153, overruled; Whit-
ney v. State, 8 Mo. Rep., 165, affirmed.) State v. Barton, 19 Mo. Rep., 227.
A criminal case will not be reversed merely because the verdict was against
the weight of evidence. State v. Anderson, 19 Mo. Rep., 241. Jurors are
not obliged to reject all the testimony of a witness who has testified falsely
in one particular. Ibid. Jurors are the exclusive judges of the weight of
evidence. (State v. Anderson, 19 Mo. Rep., 241.) State v. Upton, 20 Mo.
Rep., 397.
A verdict will not be set aside because the jury used intoxicat-
ing liquor in their retirement, unless it appear that it was supplied from
an improper source, or affected the verdict. Ibid.
1
PRACTICE IN CRIMINAL CASES.
1193
CHAP. 127.
and no conviction shall be had upon any indictment for such
offence, unless one or more overt acts be expressly alleged
therein.
Proof neces-
sary to sustain
an indictment
SEC. 21. In trials for conspiracy, in those cases where
an overt act is required, by law, to consummate the offence,
no conviction shall be had, unless one or more overt acts be for conspi-
expressly alleged in the indictment, and proved on the trial;
but other overt acts, not alleged in the indictment, may be
given in evidence on the part of the prosecution.
racy.
Proof on in-
dictment
SEC. 22. — Proof of actual penetration into the body
shall be sufficient to sustain an indictment for a rape, or for rape, &c.
the crime against nature.
SEC. 23. — If, on the trial or other proceeding in a crimi-
nal cause, the existence, constitution or powers, of any bank-
ing company or corporation, shall become material, or be in
any way drawn in question, it shall not be necessary to pro-
duce a certified copy of the charter or act of incorporation,
but the same may be proved by general reputation, or by the
printed statute book of the State, government or country, by
which such corporation was created.
for
Evidence of
existence,
powers, &c.,
of banking
corporation.
company or
Prosecutor
or person in-
SEC. 24. No person shall be rendered incompetent to
testify in criminal causes, by reason of his being the person jured, &c., a
injured or defrauded, or intended to be injured or defrauded, competent
or that would be entitled to satisfaction for the injury, or is
liable to pay the costs of the prosecution.
SEC. 25.—When two or more persons shall be jointly in-
dicted, the court may, at any time before the defendants have
gone into their defence, direct any defendant to be dis-
charged, that he may be a witness for the State. A de-
fendant shall, also, when there is not sufficient evidence to put
him on his defence, at any time before the evidence is closed,
be discharged by the court, for the purpose of giving testimony
for a co-defendant. The order of discharge shall be a bar to
another prosecution for the same offence.
SEC. 26. — When two or more defendants are jointly in-
dicted for any felony, any one defendant requiring it shall be
tried separately; in other cases, defendants jointly indicted
shall be tried separately or jointly, in the discretion of the
court.
witness.
Defendant
may be dis-
charged to
give evidence
also, for a co-
for the State;
affect of the
order of dis-
charge.
defendant.
New section.
When de-
fendants to be
tried sepa-
rately; when
jointly.
Defendants
may file bills
SEC. 27. On the trial of any indictment or prosecution.
for a criminal offence, exceptions to any decisions of the court of exception.
1194
PRACTICE IN CRIMINAL CASES.
Prisoners in-
dicted, wheu
to be dis-
charged.
Person in-
dicted and
on bail, when
to be dis-
charged.
CHAP. 127.
may be made in the same cases and manner provided, by law,
in civil cases; and bills of exception shall be settled, signed,
sealed and filed, as now allowed, by law, in civil actions, and
the same proceedings may be had to compel or procure the
signing and sealing of such bills, and the return thereof, as
in civil cases. (a)
SEC. 28.—If any person indicted for any offence and
committed to prison, shall not be brought to trial before the
end of the second term of the court having jurisdiction of the
offence, which shall be held after such indictment found, he
shall be entitled to be discharged so far as relates to the
offence for which he was committed, unless the delay shall
happen on the application of the prisoner, or shall be oc-
casioned by the want of time to try the cause at such second
term. (b)
SEC. 29. If any person indicted for any offence, and held
held to answer to answer on bail, shall not be brought to trial before the end
of the third term of the court in which the cause is pending,
which shall be held after such indictment [found,] he shall be
entitled to be discharged so far as relates to such offence,
unless the delay happen on his application, or be occasioned
by the want of time to try such cause at such third term.
SEC. 30. — If, when application is made for the discharge
of a defendant under either of the last two sections, the
court shall be satisfied there is material evidence on the part
of the State which cannot then be had, that reasonable ex-
ertions have been made to procure the same, and that there
is just ground to believe that such evidence can be had at the
succeeding term, the cause may be continued to the next
On applica-
tion for dis-
charge under
either of the
two preceding
sections, pro-
ceedings of the
court.
(a) The discharge of a jury, after they had heard the evidence and re-
tired, in consequence of the sickness of one of the jurors, is not error on
a trial for burglary. Hector v. State, 2 Mo. Rep., 166. Vide, McKay v.
State, 12 Mo. Rep, 492. Where an indictment is quashed for causes not
appearing on its face, the action of the court and the grounds thereof should
be made part of the record by bill of exceptions. State v. Wall, 15 Mo.
Rep., 208.
An indictment which does not conclude "against the peace and
dignity of the State, is bad. State v. Lopez, 19 Mo. Rep., 254; State
Constitution, article five, section nineteen. Vide, State v. Leapfoot, 19 Mo.
Rep., 375.
"
(b) Vide, Robinson v. State, 12 Mo. Rep., 592. This section is applica-
ble alone to pending indictments. In computing time under it, the period
of confinement under previous indictments for the same offence, which were
dismissed by nolle prosequi, or suspended by the finding of a subsequent in-
dictment, must not be included. Fanning v. State, 14 Mo. Rep., 386.
PRACTICE IN CRIMINAL CASES.
1195
CHAP. 127.
term, and the prisoner remanded or admitted to bail, as the
case may require.
SEC. 31. The court shall not, on the trial of the issue on
any indictment, sum up or comment upon the evidence, or
charge the jury as to matter of fact, unless requested so to
do by the prosecuting attorney and the defendant or his
counsel; but the court may instruct the jury on any point of
law arising in the cause, which instructions shall be in
writing. (a)
Courts not
to sum up or
comment on
the evidence,
or charge the
jury as to mat-
ters of fact,
as to points of
&c., but may
law.
ARTICLE VII.
OF THE VERDICT AND JUDGMENT, AND PROCEEDINGS
THEREON.
21. Jury to specify the degree of 16. Authority of sheriff to execute
offence, when defendant found
guilty.
2. Punishment of convicted de-
fendants assessed separately,
when.
3. Jury to ascertain the value of
property stolen, &c.
4. Jury to assess the punishment.
5. When court shall assess the
same.
6. When it may be increased by
the court.
7. When diminished.
8. General powers in court to re-
duce punishment.
9. Power of the court to require
security to keep the peace,
&c., from convicts.
10. Limitation of the preceding
section
11. When recognizance to be deem-
ed broken in such case.
12. Judgment of court to be fully
entered in minutes.
13. Authority of sheriff to execute
sentence of imprisonment in
county jail.
14. Authority of sheriff to con-
vey convict to the peniten-
tiary; how to be executed.
15. Authority of sheriff in requir-
ing assistance in such cases;
penalty on those refusing as-
sistance.
sentence of death; time for
executing.
17. Court or Governor may pro-
long or suspend execution of
convict.
18. Jury to be summoned to try
the insanity of convict, when;
notice to prosecuting attor-
ney to be given.
Prosecuting attorney to attend
such inquiry.
19.
20.
Inquest, by whom to be sign-
ed; if the convict be found
to be insane, duty of the
sheriff.
21. Inquisition to be transmitted
to the Governor; his power
and duty in such cases.
22. Jury to ascertain pregnancy of
female convict, to be sum-
moned by sheriff; proceed-
ings.
23. Duty of sheriff if such con-
vict be found quick with
child, &c.
24. When execution of such con-
vict to be directed; sentence
may be commuted.
25. Supreme Court may issue a
writ of habeas corpus, or a
warrant for the apprehen-
sion of a convict, when sen-
tence of death has not been
executed.
(a) Where there is any evidence tending to the proof of a fact, its sufficiency to establish
that fact must be determined by the jury. and it is error in the court to instruct them that
there is no evidence to establish sub fact, (Whitney v. State, 8 Mo. Rep, 165.) or that the
evidence is not sufficient to do so. Glasgow & Harrison v. Copeland. S Mo. Rep.. 208. A
court is not required to select each fact constituting an offence. and instruct the jury to ac-
quit if they have a reasonable doubt of that fact A general instruction to acquit the
accused, if they have a reasonable doubt of his guilt on the whole case. is sufficient. State
v. Dunn, 18 Mo. Rep. 419. It is the duty of the court to instruct the jury in a criminal
If the instructions asked are objectionable in their phraseology, the court should not
neglect to give such as the law of the case requires. State v. Mathews, 20 Mo. Rep., 55.
cas'.
1196
PRACTICE IN CRIMINAL CASES.
defendant
found guilty.
CHAP. 127.
8 26. Duty of court when such con- 30. Person detained for costs in
vict is brought before it.
27. Manner of executing convicts.
28. In misdemeanors, not to be dis-
charged until sentence com-
plied with.
29. Such fine may be commuted
by a term of imprisonment,
and prisoner shall be dis-
charged on payment of costs,
&c.
criminal cases may be dis-
charged, how.
31. Property of a person charged
with crime bound for the
payment of fine and costs,
and from what time.
32. Executions to be issued for
fines and costs, when; pro-
perty to be sold, notwith-
standing, &c.
Jury to SECTION 1.-Upon the trial of any indictment for any
specify the
degree of of offence, where, by law, there may be conviction of different
fence, when degrees of such offence, the jury, if they convict the de-
fendant of a degree of the offence inferior to the offence
alleged in the indictment, shall specify in their verdict of
what degree of the offence they find the defendant guilty. (a)
SEC. 2. When several defendants are jointly tried, the
punishment of each, in case of conviction, must be assessed
separately. (b)
Punishment
assessed sepa-
rately, when.
Jury to as-
value of pro-
&c.
SEC. 3.- Where the indictment charges an offence against
certain the the property of another, by robbery, theft, fraud, embezzle-
perty stolen, ment, or the like, the jury, on conviction, shall ascertain and
declare in their verdict the value of the property taken,
embezzled or received, and the amount restored, (if any,) and
the value thereof; but their failure to do so shall in no wise
affect the validity of their verdict.
Jury to as-
ishment.
SEC. 4. In all cases of a verdict of conviction for any
sess the pun- offence, where, by law, there is any alternative or discretion
in regard to the kind or extent of punishment to be inflicted,
the jury may assess and declare the punishment in their ver-
dict, and the court shall render a judgment according to such
verdict, except as hereinafter provided.
When court
shall assess
the same.
SEC. 5.- Where the jury find a verdict of guilty, and fail
to agree on the punishment to be inflicted, or do not declare
such punishment by their verdict, or assess a punishment not
authorized by law, and in all cases of judgment by confession,
(a) This section presents an important change in the law. See, corre-
sponding section in Code of 1845; State v. Shoemaker, 7 Mo. Rep., 177;
McGee v. State, 8 Mo. Rep., 495; State v. Upton, 20 Mo. Rep., 397. Vide,
section nineteen, article four, of this act; also, title Crimes and Punish-
ments, section fourteen, article nine.
(b) Vide, State v. Gay, 10 Mo. Rep., 440. If any error was committed
by the court in entering a joint judgment against the defendants, it was in
their favor, and they have no right to complain. Barada & Barada v.
State, 13 Mo. Rep., 94.
PRACTICE IN CRIMINAL CASES.
1197
CHAP. 127.
the court shall assess and declare the punishment, and render
judgment accordingly. (a)
SEC. 6.—If the jury assess a punishment, whether of im-
prisonment or fine, below the limit prescribed, by law, for the
offence of which the defendant is convicted, the court shall
pronounce sentence, and render judgment according to the
lowest limit prescribed, by law, in such case.
SEC. 7.—If the jury assess a punishment, whether of im-
prisonment or fine, greater than the highest limit declared, by
law, for the offence of which they convict the defendant, the
court shall disregard the excess, and pronounce sentence and
render judgment according to the highest limit prescribed, by
law, in the particular case.
When it may
be increased
by the court.
When di-
minished.
General
powers in
court to re-
SEC. 8.—The court shall have power, in all cases of con-
viction, to reduce the extent or duration of the punishment
assessed by a jury, if, in its opinion, the conviction is proper, duce punish-
but the punishment assessed is greater than, under the cir-
cumstances of the case, ought to be inflicted.
SEC. 9.—The court before which any person shall be con-
victed of any criminal offence shall have power, in addition
to the sentence prescribed or authorized by law, to require
such person to give security to keep the peace or be of good
behavior, or both, for a term not exceeding two years, or to
stand committed until such security be given.
ment.
Power of
the court to
require secu-
rity of the
peace, &c.,
from convicts.
Limitation
of the preced-
SEC. 10. The last section shall not extend to convictions
for writing or publishing any libel, nor shall any such se- ing section.
curity be hereafter required by any court upon any com-
plaint, prosecution or conviction, for any such writing or
publishing.
nizance to be
deemed bro-
SEC. 11.—No recognizance given under the provisions of When recog-
the ninth section shall be deemed to be broken, unless the
principal therein be convicted of some offence, amounting, in ken in such
judgment of law, to a breach of such recognizance.
SEC. 12. — Whenever a judgment upon a conviction shall
be rendered in any court, the clerk of such court shall enter
such judgment fully on the minutes, stating briefly the offence
(a) The power of the circuit court to assess and declare the punishment
is merely contingent, and only to be exercised in case of a failure of duty
or disagreement by the jury. It is erroneous, therefore, to instruct the
jury that they have "the right and authority to return a general verdict
of guilty without assessing any punishment." Fooxe v. State, 7 Mo.
Rep., 502.
case.
Judgment of
court to be
fully entered
in minutes.
1198
PRACTICE IN CRIMINAL CASES.
CHAP. 127.
for which such conviction shall have been had, and the court
shall inspect such entries and conform them to the facts; but
the omission of this duty, either by the clerk or judge, shall
in no wise affect or impair the validity of the judgment. (a)
Authority of
SEC. 13. Whenever a sentence of imprisonment in a
county jail shall be pronounced upon any person convicted
of any offence, the clerk of the court shall, as soon as may
be, make out and deliver to the sheriff of the county a tran-
script of the entry of such conviction, and of the sentence there-
upon, duly certified by such clerk, which shall be sufficient.
authority to such sheriff to execute such sentence, and he
shall execute the same accordingly.
sheriff to exe-
cute sentence
of imprison
ment in coun-
ty jail.
To convey
penitentiary;
how to be ex-
ecuted.
SEC. 14. — Where any convict shall be sentenced to im-
convict to the prisonment in the penitentiary, the clerk of the court in which
the sentence was passed shall forthwith deliver a certified
copy thereof to the sheriff of the county, who shall, without
delay, either in person or by a general and usual deputy,
cause such convict to be transported to the penitentiary and
delivered to the keeper thereof.
Authority of
those refusing
SEC. 15. Such sheriff or deputy, while conveying a con-
sheriff requir-vict to the penitentiary, shall have the same power and like
ing assistance
in such cases; authority to require the assistance of any citizen of this
penalty on
State, in securing such convict, and retaking him, if he shall
escape, as if such sheriff or deputy were in the county in
which he is such officer; and all persons who shall neglect or
refuse to assist such sheriff or deputy, when required, shall be
liable to the same penalties as if such offence were in his
own county.
to assist.
Authority of
sheriff to exe-
cute sentence
of executing.
SEC. 16.- Whenever any convict shall be sentenced to
the punishment of death, the court shall cause to be made
of death: time out, sealed and delivered, to the sheriff of the county, a war-
rant stating such conviction and sentence, and appointing a
day on which such sentence shall be executed, which shall not
be less than four, nor more than eight weeks from the time of
the sentence.
Execution
may be sus
pended, by
whom.
SEC. 17.- For good cause shown, the court in which the
conviction is had, or the Governor, may prolong the time, or
suspend the execution, of any convict sentenced to the pun-
(a) A court has no power to alter or amend its judgment after the close
of the term at which such judgment was rendered. Harrison v. State, 10
Mo. Rep., 686.
PRACTICE IN CRIMINAL CASES.
1199
СНАР. 127.
ishment of death; and no other court or officer shall have
such authority, except in the cases and in the manner here-
inafter provided.
SEC. 18.—If, after any convict be sentenced to the pun-
ishment of death, the sheriff shall have cause to believe that
such convict has become insane, he may summon a jury of
twelve competent jurors to inquire into such insanity, giving
notice thereof to the prosecuting attorney.
SEC. 19.-The prosecuting attorney shall attend such in-
quiry, and may produce witnesses before the jury, and may
cause subpoenas to be issued by a justice of the peace for
that purpose, and disobedience thereto may be punished by
the court in the same manner as in other like cases.
SEC. 20.—The inquisition of the jury shall be signed by
them, and by the sheriff. If it be found that such convict is
insane, the sheriff shall suspend the execution of the sen-
tence until he receives a warrant from the Governor, or from
the Supreme or other court, as hereinafter authorized, direct-
ing the execution of such convict.
Jury to in-
quire into in-
convict when
sanity of
summoned.
Prosecuting
attorney to at-
tend such in-
quiry, &c.;
proceedings.
Inquisition,
by whom sign-
ed; if convict
found insane,
duty of she-
riff.
Inquisition
to be trans-
mitted to the
Governor; his
power and du-
ty in such
SEC. 21. The sheriff shall immediately transmit such in-
quisition to the Governor, who may, as soon as he shall be
convinced of the sanity of such convict, issue a warrant ap-
pointing the time and place for the execution, pursuant to his
sentence, or he may, in his discretion, commute the punish- cases.
ment to imprisonment in the penitentiary for life.
SEC. 22.If after any female convict shall be sentenced
to the punishment of death, the sheriff shall have reason to
suspect that she is pregnant, he shall in like manner sum-
mon a jury of six persons, not less than three of whom shall
be physicians, and shall give notice thereof to the prosecut-
ing attorney, who shall attend, and the proceedings shall be
had as provided in the twentieth section of this article.
SEC. 23.—The inquisition shall be signed by the jury and
the sheriff; and if it appear that such female convict is quick
with child, the sheriff shall in like manner suspend the exe-
cution of her sentence, and transmit the inquisition to the
Governor.
SEC. 24. Whenever the Governor shall be satisfied that
the cause of such suspension no longer exists, he shall issue
his warrant, appointing a day for the execution of such con-
vict, pursuant to her sentence, or he may, at his discretion,
U 2-VOL. II.
Jury to as-
certain preg-
nancy of fx-
male convict,
to be summon-
ed by sheriff,
&c.; proceed-
ings.
Duty of she-
riff, if such
convict be
found quick
with child, &c.
When exe-
cution of such
convict to be
directed; sen-
tence may be
commuted.
1200
PRACTICE IN CRIMINAL CASES.
warrant for
CHAP. 127.
commute her punishment to imprisonment in the penitentiary
for life.
Supreme SEC. 25. Whenever, for any reason, any convict sen-
Court may is-
sue habeas tenced to the punishment of death shall not have been exe-
corpus, or a cuted, pursuant to such sentence, and the same shall stand in
apprehension full force, the Supreme Court, or the court of the county in
of a convict, which the conviction was had, on the application of the prose-
cuting attorney, shall issue a writ of habeas corpus to bring
such convict before the court; or, if he be at large, a warrant
for his apprehension may be issued by such court, or any
judge thereof.
when sentence
of death has
not been exe-
cuted.
Duty of
court when
is brought be
fore it; may
issue a war-
SEC. 26. Upon such convict being brought before the
such convict court, they shall proceed to inquire into the facts; and, if no
legal reasons exist against the execution of such sentence,
such court shall issue a warrant to the sheriff of the proper
county, commanding him to do execution of such sentence, at
such time as shall be appointed therein, which shall be obeyed
by the sheriff accordingly.
rant for exe-
cution of sen-
tence.
Manner of
SEC. 27. The punishment of death shall, in all cases,
executing con- be inflicted by hanging the convict by the neck until he be
victs.
Convict not
ed from im-
dead.
SEC. 28. Whenever any defendant shall, on a conviction,
to be discharg- be sentenced to imprisonment in a county jail, or to pay a
fine, he shall be imprisoned until the sentence is fully com-
plied with and all costs paid, unless he be sooner discharged,
in the manner hereinafter provided.
prisonment in
county jail,
unless, &c.
SEC. 29. When any person is held in custody of impri-
Fine may be
commuted by sonment, for a fine imposed for a criminal offence, as specified
a term of im-
in the last section, the court in which the cause was tried, or
prisonment,
and prisoner the judge thereof in vacation, on the petition of the prisoner
discharged on for that purpose, shall sentence him to imprisonment for a
payment of
costs.
Prisoner may
limited time, in lieu of the fine; and, at the expiration of such
time, the prisoner shall be discharged on the payment of costs,
or obtaining his discharge in the manner in the next sections.
provided.
SEC. 30.
Whenever any person shall be detained for the
be discharged
under the in- costs of a criminal prosecution, he shall be permitted to take
solvent laws, the benefit of the laws for the relief of insolvent persons con-
fined on criminal process, on making application for that pur-
Property pose, and conforming to the provisions of such laws.
when.
bound for
fine and costs.
SEC. 31. The property, real and personal, of any person
PRACTICE IN CRIMINAL CASES.
1201
СНАР. 127.
charged with a criminal offence, shall be bound from the time.
of his arrest, or finding the indictment against him, (which-
ever shall first happen,) for the payment of all fines and costs.
which he may be adjudged to pay. (a)
Execution to
be issued for
fine and costs,
executed.
SEC. 32. It shall be the duty of the clerk of the court.
having criminal jurisdiction for the county, at the end of
each term, to issue executions for all fines imposed, and the when; how
costs of conviction, in criminal cases during the term, and
remaining unpaid, which shall be executed in the same man-
ner as executions in civil cases; and the property of the de-
fendant may be seized and sold thereon, notwithstanding he
may be in custody for the same demand.
ARTICLE VIII.
OF APPEALS AND WRITS OF ERROR IN CRIMINAL CASES.
1. Appeals allowed to the Supreme | 14. Instances given when the State
Court in all cases of final
judgment.
2. Writs of error upon such final
judgment are writs of right;
when to issue.
3. When such appeal or writ of
error to operate as a stay of
proceedings.
4. If circuit court, or judge, re-
fuse to make order for stay of
proceedings, time shall be al-
lowed to apply to Supreme
Court.
5. Order to stay proceedings by
Supreme Court, &c., to be
filed with the clerk; certifi-
cate of filing, &c.
6. How defendant to be kept, on
writ or appeal being allowed.
7. When and how defendant may
be let to bail.
8. The condition of recognizance
in such cases.
9. Supreme Court may cause sen-
tence to be executed, when.
10. Duty of clerk and marshal in
such cases.
11. Power of marshal and assist-
ants.
12. Where appeals or writs of error
are prosecuted in cases of
misdemeanor, condition of re-
cognizance shall be, what.
13. Appeal by the State only in such
cases as are enumerated in
the next succeeding section.
15.
16.
may appeal.
When granted, defendant to be
committed or recognized.
When proceedings are stayed,
clerk to make out full tran-
script of the record, and trans-
mit it to Supreme Court.
17. When transcript to be made out
and returned, on application
of appellant or plaintiff in
error.
18. Recognizance to be filed and
copy included in the tran-
script; but, when taken by the
Supreme Court, to be kept
by the clerk thereof.
19. As to forfeiture of such recog-
nizance in Supreme Court.
20. On return of such appeal or
writ of error, Supreme Court,
how to proceed.
21. When defendant takes writ of
error or appeal, and judg
ment of court below affirm-
ed, sentence to be pronounc-
ed; when reversed, new trial
grauted or defendant dis-
charged.
22. When State appeals, and judg-
ment of court below is affirm-
ed or reversed, proceedings.
23. Proceedings against defendant
not appearing at new trial,
&c.
24. Cause remanded for new trial,
proceedings.
(a) This lien cannot be divested by any subsequent assignment-not even to counsel, to
assist him in his defence. The arrest of the defendant by an officer, without a warrant, is
sufficient to attach the lien of the State. McKnight v. Spain, 13 Mo. Rep., 534.
1202
PRACTICE IN CRIMINAL CASES.
Appeals al-
lowed to Su-
СНАР. 127.
SECTION 1.In all cases of final judgment, rendered upon
preme Court. any indictment, an appeal to the Supreme Court shall be al-
lowed the defendant, if applied for during the term at which
such judgment is ren lere l. (a)
Writs of er-
ror, when to
issue.
When such
appeal or writ
of
error to
operate as a
supersedeas.
If court or
judge refuse
the order to
stay proceed
ings, time to
be allowed to
apply to Su-
preme Court
Order to stay
by Supreme
SEC. 2-Writs of error upon any such final judgment àre
writs of right, and, on application therefor, shall issue (of
course, in vacation as well as in term,) out of the court in
which, by law, they may be made returnable. (6)
SEC. 3.- No such appeal or writ shall stay or delay the
execution of such judgment or sentence, unless the Supreme
Court, or the court in which the judgment was rendered, or
some judge of such court, on inspection of the record, shall
be of opinion that there is probable cause for such appeal or
writ of error, or so much doubt as to render it expedient to
take the judgment of the Supreme Court thereon; and shall
make an order, expressly directing that such appeal or writ
of error shall operate as a stay of proceedings on the judg-
ment.
SEC. 4.—If the court in which the judgment was ren-
dered, or the judge thereof, refuse such order, he shall never-
theless suspend the execution of the judgment, except as to
fine and costs, if necessary, to allow sufficient time to make
application to the Supreme Court, or a judge thereof, for
such order.
SEC. 5. When any order to stay proceedings shall be
proceedings made by the Supreme Court, or by any judge in vacation,
the same, together with the writ of error, (if any,) shall be
filed with the clerk of the court in which the judgment was
rendered, who shall furnish the party filing the same with a
certificate thereof, together with a copy of the order.
Court, &c.,
to be filed,
where, &c.
How defend-
ant to be kept,
on writ or ap-
peal being al-
lowed.
SEC. 6.—If the defendant in the judgment so ordered to
be stayed shall be in custody, it shall be the duty of the
sheriff, if the order were made by the court rendering the
judgment, or upon being served with the clerk's certificate
and a copy of the order, to keep the defendant in custody,
without executing the sentence which may have been passed,
(a) An appeal cannot be taken until final judgment has been rendered.
State v. Pepper, 7 Mo. Rep., 348.
(b) Vide, Laporte v. State, 6 Mo. Rep., 208. Whatever may be taken
advantage of in arrest of judgment may be corrected by writ of error.
McGee v. State, 8 Mo. Rep., 495.
PRACTICE IN CRIMINAL CASES.
1203
СНАР. 127.
to abide such judgment as may be rendered upon the appeal
or the writ of error.
SEC. 7. - In all cases where an appeal or writ of error is
prosecuted from a judgment in a criminal cause, except
where the defendant is under sentence of death, or imprison-
ment in the penitentiary for life, any court or officer, au-
thorized to order a stay of proceedings under the preceding
provisions, may allow a writ of habeas corpus to bring up the
defendant, and may thereupon let him to bail upon a recog-
nizance, with sufficient securities, to be approved by such
court or judge.
When and
how defend-
ant may be let
to bail.
Condition of
in such case.
SEC. 8. The recognizance shall, in case of felonies not
excepted in the last preceding section, be conditioned that recognizance
the defendant shall appear in the Supreme Court, at the
next term thereof, to receive judgment on the appeal or writ
of error; and in the court in which the trial or indictment
shall have been had, if the Supreme Court shall so order;
and at such time and place as such court shall direct; and
that he will render himself in execution, and obey every
order and judgment which shall be made in the premises.
SEC. 9. In all cases where the appeal or writ of error
shall be prosecuted, by the party indicted, in the Supreme
Court, sitting at Jefferson City, and where the punishment
assessed shall be imprisonment in the penitentiary for years,
and where the judgment whereon the appeal or writ of error
is prosecuted shall be affirmed, such court shall direct the
sentence pronounced to be executed, and for this purpose.
the Supreme Court shall order the marshal of such court to
arrest the convict, and deliver him to the proper officer of the
penitentiary.
Supreme
Court may
cause sen-
tence to be
when.
executed,
Duty of clerk
in such cases.
and marshal
SEC. 10. Where the Supreme Court shall make an or-
der, as directed in the last preceding section, the clerk of the
court shall forthwith deliver a certified copy of such order to
such marshal, who shall, without delay, either in person or
by such assistance as the Supreme Court may direct, arrest
such convict, wherever he may be found in this State, and
transport him to the penitentiary, and deliver him to the
proper officer thereof.
SEC. 11. Such marshal, and assistants, if any, while con-
veying a convict to the penitentiary, shall have the same assistants.
power and like authority in all respects, as are granted, by
Power of
marshal and
1204
PRACTICE IN CRIMINAL CASES.
Where ap-
peals or writs
of error
prosecuted in
cases of mis-
CHAP. 127.
law, to sheriffs whilst conveying convicts to the penitentiary,
and receive the same fees as sheriffs for like services.
SEC. 12. — Where an appeal or writ of error is prosecuted
are from a judgment in case of a misdemeanor, the recognizance
shall be conditioned that the defendant shall appear in the
demeanor, court in which the judgment shall have been rendered, at
such time and place as the Supreme Court shall direct, and
that he will render himself in execution, and obey every
order and judgment which shall be made in the premises.
condition of
recognizance
shall be, what.
Appeal al-
lowed State.
Instances
given, when
State may ap-
peal.
When ap-
defendant
may be com-
SEC. 13. — The State, in any criminal prosecution, shall
be allowed an appeal only in the cases and under the circum-
stances mentioned in the next succeeding section.
SEC. 14. — When any indictment is quashed, or adjudged
insufficient upon demurrer, or when judgment thereon is ar-
rested, the court in which the proceedings were had, either
from its own knowledge, or from information given by the
prosecuting attorney, that there is reasonable ground to be-
lieve that the defendant can be convicted of an offence, if
properly charged, may cause the defendant to be committed,
or recognized, to answer a new indictment; or if the prose-
cuting attorney prays an appeal to the Supreme Court, the
court may, in its discretion, grant an appeal. (a)
SEC. 15.-If an appeal be granted, the court below shall
peal granted, order the defendant to be committed or recognized, and the
recognizance shall be to the same effect as the recognizance
required when the defendant himself is appellant; and the
party, if committed, shall be held in custody until the judg-
ment of the Supreme Court shall have been passed on the
case, to abide such judgment.
mitted or re-
cognized.
Clerk to
make out and
transmit tran-
script to Su-
preme Court,
SEC. 16. When any appeal shall be taken, or writ of
error filed, which shall operate as a stay of proceedings, it
shall be the duty of the clerk of the court in which the pro-
ceedings were had to make out a full transcript of the record
a) Vide, State v. Heatherly, 4 Mo. Rep., 478. If an indictment be
quashed upon motion, exceptions must be taken to the judgment of the
court, to enable the Supreme Court to consider the judgment. State v.
Fortune & Hannan, 10 Mo Rep., 466. One of two counts in an indictment
being good, a motion to quash ought not to be sustained. State v. Rector,
11 Mo. Rep., 28. The defendant should move to quash the defective count,
and not the whole indictment. State v. Wishon, 15 Mo. Rep., 503. Vide,
State v. Leapfoot, 19 Mo. Rep., 375. The Supreme Court will not, for any
reason, disturb a judgment in a criminal case after a verdict of acquittal.
State v. Baker, 19 Mo. Rep., 683.
PRACTICE IN CRIMINAL CASES.
1205
CHAP. 127.
in the cause, including the bill of exceptions, judgment and
sentence, and certify and return the same to the office of the
clerk of the Supreme Court, without delay.
SEC. 17.- When the appeal or writ of error does not
operate as a stay of proceedings, such transcript shall be
made out, certified and returned, on the application of the
appellant or plaintiff in error, as in civil cases.
SEC. 18.
pro-
To be made
out and re-
turned, on ap-
plication of
appellant,&c.,
when.
Recogni-
zauce to be
filed, and copy
included in
transcript,
when.
Duty of
clerk, if taken
by Supreme
Court.
The recognizance authorized by this article, if
taken by the court or judge before whom the cause was
tried, shall be filed with the clerk, and a transcript thereof
transmitted, with the record, to the Supreme Court; if taken
by the Supreme Court, or any judge thereof, the clerk of the
Supreme Court shall certify a transcript of the same to the
court in which the cause was tried, and such court shall
ceed thereon as on a recognizance taken in that court.
SEC. 19. — If the forfeiture of the recognizance is taken
in the Supreme Court, the same shall be certified back to the
court in which the judgment was rendered; and the Supreme
Court in such case, and in case the defendant breaks jail, shall
proceed to determine the cause, and issue a capias if necessary.
SEC. 20. No assignment of error, or joinder in error,
shall be necessary upon any appeal or writ of error, in a
criminal case, issued or taken pursuant to the foregoing pro-ror to the Su-
visions of this article; but the court shall proceed upon the
return thereof, without delay, and render judgment upon the
record before them.
SEC. 21.- When the appeal is taken, or the writ of error
is sued out, by the party indicted, if the Supreme Court affirm
the judgment of the court below, it shall direct the sentence
pronounced to be executed, and the same shall be executed
accordingly: if the judgment be reversed, the Supreme
Court shall direct a new trial, or that the defendant be ab-
solutely discharged, according to the circumstances of the
case.
SEC. 22. Where the appeal has been taken by the State,
if the judgment of the court be affirmed, the party shall be
discharged; if reversed, the Supreme Court shall direct the
court below to enter up judgment upon the verdict rendered,
or, where no verdict has been rendered, to proceed to trial on
the indictment.
Forfeiture of
such recogni-
zance in Su-
preme Court.
On return of
such appeal
or writ of er-
how to pro-
preme Court,
ceed.
If judgment
be affirmed,
pronounced.
sentence to be
If reversed,
new trial
granted, or de-
charged.
fendant dis-
Proceedings
on affirmance
or reversal,
when State ap
peals.
Defendant
not appear-
ing, proceed-
SEC. 23. If the defendant shall have been recognized asings.
1206
PRACTICE IN CRIMINAL CASES.
Cause re-
manded for
new trial, pro-
ceedings.
CHAP. 127.
herein provided, and shall fail to appear and receive judg-
ment on such appeal or writ of error, or at any new trial that
may have been ordered, the Supreme Court, or the court be-
low in which the judgment was rendered, or any judge of
either court, shall cause such defendant to be arrested, upon
process to be issued for that purpose.
SEC. 24. The court to which any criminal cause shall
be remanded for a new trial, shall proceed therein in the
same manner as if such cause had not been removed into the
Supreme Court.
Search war-
rants, by
when, to be is
whom and
sued.
ARTICLE IX.
MISCELLANEOUS PROVISIONS.
21. Search warrant, by whom and 14. Judgment to be given against
when to be issued.
2. To be directed to sheriff or con-
stable; command of warrant.
3. Warrant may order the search
of a particular place or house,
in the night time, when.
4. By whom executed.
5. Committing magistrates author-
ized to search vagrants and
persons accused.
6. Property alleged to be stolen,
in possession of officer, to re-
main in his hands, subject to
order, &c.
7. Magistrate may order its de-
livery to owner, when, and on
what terms.
8. Such property in custody of
magistrate may be delivered
to owner, when.
9. Court before which conviction
is had, may order such pro-
perty to be delivered to own-
er, when.
A
10. When no owner appears, may
be sold.
11. Perishable property to be sold.
12. Property must be described so
that it can be identified.
13. Convicts shall restore property
stolen or destroyed, or make
reparation in damages.
convict, when; party injured
to have a lien.
15. Warrants need not be sealed.
16. Recognizances, their form, &c.
17. Authority of officers to convey
prisoners from one county to
another.
18. Officer, or person having pri-
soner, not liable to arrest on
civil process; may summon
posse comitatus, &c.
19. Jailer of any county through
which he passes, required to
receive the prisoner.
Mode of securing fugitives.
Expenses, how paid.
20.
21.
22. Governor authorized to offer re-
ward for fugitives.
23. Proceedings in such cases.
24. Governor's pardon may be con-
ditional.
25. No limitation to prosecutions
for capital offences.
26. Limitation to prosecutions for
other felonies.
27. Limitation to prosecutions for
misdemeanors.
28. When party flees, the time he
is absent not to be computed.
29. If indictment is quashed, &c.,
the time the prosecution was
pending not to be computed.
SECTION 1.-Upon complaint being made on oath, to any
officer authorized to issue process for the apprehension of
offenders, that any personal property has been stolen or em-
bezzled, and that the complainant suspects that such property
is concealed in any particular house or place, if such magis-
trate shall be satisfied that there is reasonable ground for
PRACTICE IN CRIMINAL CASES.
1207
СНАР. 127.
such suspicion, he shall issue a warrant to search for such
property.
SEC. 2. Such warrant shall be directed to the sheriff of
the county, or to any constable of the township, and shall
command him to search the place where such property is sus-
pected to be concealed, in the day time, (which place shall be
designated, and the property particularly described in such
warrant,) and to bring such property before the magistrate
issuing the warrant. (a)
SEC. 3. If there be positive proof that any property,
stolen or embezzled, is concealed in any particular place or
house, the warrant may order the searching such place or
house in the night-time.
SEC. 4. Every such warrant shall be executed by a
public officer, and not by any other person.
SEC. 5.—Any magistrate who shall commit any person
charged with an offence, to jail, or by whom any vagrant or
disorderly person shall be committed, shall cause such person
to be searched, for the purpose of discovering any money or
property he may have; and if any be found, the same shall
be taken into possession by the sheriff, and applied to the
support of such person while in confinement, and to the pay-
ment of any costs which may be adjudged against him, on
account of the offence for which he is charged.
To be direct-
riff or consta-
ed to the she-
ble; command
of warrant.
May order
the search of a
place or house
in the night-
time, when.
By whom
only executed.
Committing
magis trates
authorized to
search va-
grants and
persons ac-
cused.
Property
alleged to be
stolen, in pos-
session of offi-
cer, to remain
subject to or-
der, &c.
SEC. 6.- When property alleged to have been stolen, pur-
loined, embezzled, or obtained by false pretences, or to have
been obtained in any of the modes specified in the thirty-
second, thirty-third, thirty-fourth, thirty-fifth, thirty-sixth, in his bands,
thirty-seventh, thirty-eighth, thirty-ninth, fortieth, forty-first,
forty-second, forty-third, forty-fifth, forty-sixth, forty ninth,
fiftieth, fifty-first and fifty-fourth sections, of the third article
of the act edtitled, "An act concerning crimes and their
punishments," shall come into the custody of any sheriff,
coroner, constable, marshal, or any person authorized to per-
form the duties of such officers, he shall hold the same, sub-
ject to the order of the court or officer authorized to direct
the disposition thereof.
(a( If any person other than a public officer be deputed to execute a
search warrant, the deputation is totally void; and if such person, in exe-
cuting the warrant, commit a trespass, or do any tortious act upon the
property of another, the warrant will neither justify, excuse or mitigate.
Halsted v. Brice, 13 Mo. Rep., 171.
V VOL. II.
1208-
PRACTICE IN CRIMINAL CASES.
Magistrate
may order its
and on what
terms.
CHAP. 127.
SEC. 7.— Upon receiving satisfactory proof of the title of
delivery to any owner of such property, the magistrate who shall take
owner, when the examination of the person accused of any of the offences
referred to in the preceding section, may order the same to
be delivered to such owner, on his paying the reasonable and
necessary expenses incurred in the preservation of such pro-
perty, to be certified by such magistrate, which order shall
entitle the owner to demand and receive such property.
Such pro-
perty in cuɛ-
Court before
Sec. 8.- If such property come into the custody of a
tody of magis- justice of the peace or other magistrate, upon satisfactory
trate may be
proof of the title of any owner thereof, it shall be delivered
delivered to
owner, when. to him, on the payment of the necessary expenses incurred
in the preservation thereof, to be certified by such magistrate.
SEC. 9.—If such property shall not have been delivered
which convic- to the owner thereof, the court before which a conviction
may order shall be had for the stealing, embezzling, or obtaining such
such property
to be deliver property in any of the modes referred to in the sixth section
ed to owner, of this article, may, on proof of the ownership of any per-
son, order the same to be restored to him, on payment of the
expenses incurred in the preservation thereof.
tion is had
when.
When no
owner ap-
pears, it may
be sold.
sold.
Perishable
SEC. 10.—If such property shall not be claimed by the
owner within six months from the time any person shall have
been convicted of obtaining it, in any of the modes referred
to in the sixth section of this article, the court or magistrate,
authorized by the preceding provisions to order a restoration,
may order the same to be sold, and the proceeds of the sale,
after payment of the expenses of the preservation and sale
of the property, shall be paid into the county treasury for
the use of the county.
SEC. 11.- If the property thus obtained be a living ani-
property to be mal, or of a perishable nature, the court or magistrate au-
thorized to order a restoration may order a sale thereof, and
the proceeds shall be applied in the same manner as herein
before directed in respect to such property.
Property
must be de-
scrit ed so that
it can be iden-
tified.
SEC. 12.- In all cases of sale, as specified in the last sec-
tion, a particular description of the property shall be made
out, in writing, and filed with the court or officer making the
order of sale, so that the owner may identify the same, if he
shall claim the proceeds within the time limited by law for
making his claim.
SEC. 13. In all cases of conviction of felony, the party
PRACTICE IN CRIMINAL CASES.
1209
CHAP. 127.
Convicts
to restore pro-
perty stolen
or destroyed,
ration in da-
or make repa-
convicted shall restore the property stolen or destroyed, or
make reparation in damages therefor. The court in which.
such conviction may be had, if applied to, at the same term
in which the sentence was pronounced, by petition, verified
by affidavit, may order restitution, or give judgment against
the convict for reparation in damages, and enforce the collec-1852.
tion of the same by execution, or other process.
ages.
Ky. Code,
Judgment
to be given
against con-
vict, when.
Ky. Code,
1852.
SEC. 14.-In motions for restitution or reparation, the
court shall cause the prisoner to be set within the bar, and de-
mand of him if he has any defence to make to the motion;
and if the convict consent to such restitution, or reparation
in damages, the court shall give judgment accordingly, if the.
damages are agreed; otherwise a jury shall be empanneled
to try the facts, and ascertain the amount and value of the
property, or assess the damages, as the case may be. A fail- Party injured
ure to pursue the remedy hereby given shall not deprive the
party aggrieved of his civil action for the injury sustained. what, subject
The party injured shall have a lien on the estate of the
criminal, from the time of his arrest, subject to any lien
granted, by law, to the State.
to have a lien,
when and on
to State lien.
Warrants
need not be
SEC. 15.-Warrants authorized, by law, to be issued in
criminal cases, may be under the hand of the magistrate sealed.
issuing the same, and shall be as valid and effectual, in all
respects, as if sealed.
Recogni-
zances, their
form, &c.
SEC. 16. All recognizances required or authorized to be
taken in any criminal proceedings, in open court, by any court
of record, shall be entered on the minutes of such court, and
the substance thereof shall be read to the person recognized.
All other recognizances in any criminal matter or proceeding,
or in any proceeding of a similar nature, shall be in writing,
and shall be subscribed by the parties to be bound thereby.
SEC. 17.-Every officer, or other person, who shall have
arrested or have in his custody, under the authority of the
laws of this State, any prisoner who is to be conveyed from from
one county to another, may carry such prisoner through such
parts of any county as shall be in the ordinary route of
travel, from the place where such prisoner shall have been
arrested to the place where he is to be conveyed and deli-
vered, under the process or authority by which such prisoner
shall have been arrested or is detained.
Authority of
officers to con-
vey prisoners
ono
county to an-
other.
1210
PRACTICE IN CRIMINAL CASES.
Officer, or
person having
prisoner, not
liable to arrest
on civil pro-
CHAP. 127.
SEC. 18. — The officer or person having such prisoner in
charge shall not be liable to arrest, on civil process, while on
his route; and he shall have the like power to require any
cess; may person to aid in securing such prisoner, and retaking him, if
he escape, as sheriffs or other officers have in their own
county; and a refusal or neglect to render such aid shall be
an offence punishable in the same manner as for disobedience
to a summons to assist in the execution of process.
summon posse
comitatus, &c.
The jailer
of any county
SEC. 19. The jailer of every county through which such
through which prisoner may be taken is required to receive and safely keep
he passes re- such prisoner in the jail of which he has charge, when thereto
requested by the officer or person having lawful charge of
such prisoner, and to redeliver him on demand of such officer
or person.
quired to re-
ceive the pri-
soner.
Mode of se-
curing fugi-
tives from jus-
tice.
Expenses,
how paid.
Governor
authorized to
SEC. 20. Whenever the Governor of this State shall de-
mand a fugitive from justice from the Executive of another
State or Territory, and shall have received notice that such
fugitive will be surrendered, he shall issue his warrant, under
the seal of the State, to some messenger, commanding him to
receive such fugitive and convey him to the sheriff of the
county in which the offence was committed, or is, by law,
cognizable.
SEC. 21.—The expenses which may accrue under the last
section, being first ascertained to the satisfaction of the Go-
vernor, shall, on his certificate, be allowed and paid out of the
State treasury, as other demands against the State.
SEC. 22. If any person charged with, or convicted of, a
offer reward felony, shall break prison, escape or flee from justice, and
for fugitives. abscond or secrete himself, the Governor of this State may,
if he deem it expedient, offer any reward, not exceeding
three hundred dollars, for the apprehension and delivery of
such person to the custody of such sheriff or other officer, as
he may direct.
Proceedings
in such cases.
SEC. 23.—When any person shall apprehend and deliver
such fugitive to the proper sheriff or officer, he shall take his
certificate of such delivery, and the Governor, on the produc-
tion of such certificate, shall certify the amount of the claim
to the Auditor of Public Accounts, who shall draw on the
Governor's treasury for the same.
pardon may
be conditional
SEC. 24. — In all cases in which the Governor is authorized,
PRACTICE IN CRIMINAL CASES.
1211
CHAP. 127.
by the Constitution, to grant pardons, he may grant the same.
with such conditions, and under such restrictions, as he may
think proper.
SEC. 25. Any person may be prosecuted, tried and pun-
ished, for any offence punishable with death, or by imprison-
ment in the penitentiary during life, at any time after the
offence shall be committed.
No limita-
tion to pros-
ecutions for
capital of-
fences, &c.
Limitation
to prosecu-
tions for other
SEC. 26.-No person shall be tried, prosecuted or pun-
ished, for any felony other than as specified in the last sec-
tion, unless an indictment for such offence be found within felonies.
three years after the commission of the offence.
to
Limitation
prosecu-
tions for mis-
SEC. 27. No person shall be prosecuted, tried or pun-
ished, for any offence other than felony, or for any fine or
forfeiture, unless the indictment be found on a prosecution demeanors.
instituted within one year after the commission of the offence,
or incurring the fine or forfeiture.
When party
he is absent
not to be com-
SEC. 28.-Nohting contained in the two preceding sec-flees from jus-
tions shall avail any person who shall fiee from justice; and, tice, the time
in all cases, the time during which any defendant shall not
have been an inhabitant of, or usually resident within this
State, shall not constitute any part of the limitation pre-
scribed in the preceding sections.
SEC. 29. Where any indictment or prosecution shall be
quashed, set aside or reversed, the time during which the
same was pending shall not be computed as part of the time
of the limitation prescribed for the offence. (a)
puted.
If the in-
dictment
is
quashed, &c.,
what time not
to be com-
puted.
ARTICLE X.
OF THE CUSTODY AND MANGAEMENT OF THE ESTATES OF
CONVICTS.
21. Convicts for life civilitis mor-
tuus, their estates adminis-
tered accordingly.
2. Convicts for terms of years,
their estates confided by the
court to a trustee.
3. When appointed.
4. Trustee to take oath and give
bond.
5. Trustee under the superintend-
ing control of the court.
6. Convict's estate vested in the
trustee.
(a) See, State v. English, 2 Mo. Rep., 182.
3 7. Powers and duties of the trus-
tee.
8. What he may do under the di-
rection of the court.
9. Further powers,
10. Further powers to be exer-
cised, under the direction of
the court.
11. Trustee to give notice; its
contents.
12. How published.
13. Such notice not to affect his
right of action.
1212
PRACTICE IN CRIMINAL CASES.
Convicts for
life, civilitis
mortuus, their
nistered ac-
cordingly.
14. Trustee authorized to submit
matters in dispute to referees.
15. How appointed; their powers,
duties and compensation.
16. Duties of the trustee.
17. To make annual report; the
court to declare dividends.
18. Creditors whose claims are not
yet due, to receive their share
on certain terms.
19. Set-offs allowed, when.
20. Sufficient money to be reserved
to meet contingent demands.
CHAP. 127.
21 Notice of dividends, when and
how published.
22. For what purposes effects may,
under the direction of court,
be applied.
23. Upon the discharge of the
convict, his effects to be de-
livered up.
24. In case of his death, the same
order, &c:
25. Court to enforce such order
in a summary way.
26. Compensation of trustees.
SECTION 1.-Whenever any person shall be imprisoned in
the penitentiary, under a sentence of imprisonment for life,
estates admi- his estate, property and effects, shall be administered and
disposed of, in all respects, as if he were naturally dead.
Convicts for SEC. 2. Whenever any person shall be imprisoned in the
termsofyears, penitentiary for a term less than his natural life, a trustee, to
confided by take charge of and manage his estate, may be appointed by
court to a the circuit court of the county in which such convict last re-
their estates
trustee.
When ap-
pointed.
Trustce to
take oath and
give bond.
Trustee un-
der the super-
sided; or, if he have no known place of residence, then by
the court of the county in which the conviction was had, on
the application of any of his relatives, or any relative of his
wife, or any creditor.
SEC. 3.— Upon producing a copy of the sentence, duly
certified, and satisfactory evidence that such convict is
actually imprisoned under such sentence, the court to which
the application is made may immediately appoint a fit person.
to be trustee of the estate of such convict.
SEC. 4.—Every such justice, before entering upon the
duties of his office, shall take an oath faithfully to discharge.
the duties thereof, and give bond in such sum and with such
security as the court shall approve, conditioned that he will
manage and administer the estate and effects committed to
his charge to the best advantage, according to law, and will
faithfully do and perform all such other acts, matters and
things, touching his trust, as may be prescribed by law, or
enjoined on him by the order, sentence or decree, of any
court of competent jurisdiction.
SEC. 5.—The court appointing such trustee shall have a
intending con- superintending control over him, and may, at any time,
trol of the compel him to account, may remove him from his trust for
misconduct, and may appoint another person in his stead,
whenever it may become necessary.
court.
PRACTICE IN CRIMINAL CASES.
1213
СНАР. 127.
Convict's es-
tate vested in
SEC. 6. Upon taking the oath and filing the bond re-
quired by this act, all the estate, property, rights in action the trustce.
and effects, of such imprisoned convict, shall be vested in such
trustee, in trust, for the benefit of creditors and others in-
terested therein.
Powers and
duties of the
SEC. 7.—Such trustee may sue for and recover, in his
own name, any of the estate, property or effects, belonging trustee.
to, and all debts and sums of money due, or to become due,
to such imprisoned convict, and may prosecute and defend all
actions commenced by or against such convict.
SEC. 8. The circuit court appointing any such trustee.
may, at any time, order the sale, lease or mortgage, of real
estate, the hiring or sale of slaves, whenever the same shall
be necessary for the payment of debts, or the support and
maintenance of the family, or the education of the children
of such convict, and in every such order shall direct the
manner and terms of sale, or other disposition to be made.
SEC. 9.-The trustee shall settle matters and accounts
between such imprisoned convict and his creditors, and may
examine witnesses touching such matters and accounts, upon
oath, to be administered by him: he may, under the direction
of the court, compound with any person indebted to such
imprisoned convict, and thereupon discharge all demands
against such person.
SEC. 10.- Such trustee may, also, under the direction of
the court, redeem all mortgages and conditional contracts,
and all pledges of personal property, and satisfy judgments
and decrees, which may be an incumbrance on any property
ordered to be sold, or he may sell such property, subject to
such mortgages, pledges or incumbrances, as the court shall
direct.
What he may
do under the
the court.
direction of
Further
powers.
Further
powers to be
exercised un-
der direction
of court.
Trustee to
its contents.
SEC. 11. The trustee, immediately upon his appointment,
shall give notice thereof, and therein shall require: First, All give notice;
persons indebted to such imprisoned convict, by a day and at
a place therein to be specified, to render an account of all
debts and sums of money by them owing, respectively, to
such trustee, and to pay the same; Second, All persons
having in their possession any property and effects of such
convict, to deliver the same to the trustee so appointed;
Third, All creditors of such convict to deliver their respect-
ive accounts and demands to the trustee, by a day, to be i
1214
PRACTICE IN CRIMINAL CASES.
How pub-
lished.
Such notice
not to affect
his right of
action.
Trustee au-
thorized to
submit mat-
СНАР. 127.
therein specified, not less than two months from the publica-
tion of such notice.
SEC. 12. Such notice shall be published, for at least
three weeks, in some newspaper printed in, or nearest to, the
county in which the appointment was made.
SEC. 13. Notwithstanding such notice, the trustee may
sue for and recover any property or effects of the convict,
and any debts due to him, at any time before the day ap-
pointed for the delivery or payment thereof.
SEC. 14.-If any controversy shall arise between the
trustee and any other person, in the settlement of any de-
ters in dispute mands against such convict, or of debts due to his estate, the
same may be referred to three disinterested persons, who may
be agreed upon by a writing to that effect, signed by the
trustee and the other party.
to referees.
How ap-
pointed; their
sation.
SEC. 15. If such referees be not selected by agreement,
powers, duties they may be appointed by the court, on the application of
and compen- either party, due notice of the application being given to the
other; and such referees shall have the same powers, and
shall be subject to the like duties and obligations, and shall
receive the same compensation, as referees appointed by the
circuit courts, in personal actions pending therein.
Duties of
the trustee.
To make an-
nual report;
SEC. 16. The trustee shall, as speedily as possible, con-
vert into money so much of the estate, real and personal, as
shall be necessary for the purposes of the trust; he shall
keep regular accounts of all money received, and other
matters touching his trust, to which creditors, and others.
interested, shall be at liberty, at reasonable times, to have
recourse.
SEC. 17.-The trustee shall, annually, at such term as
court to de- the court shall direct, make a full report of his proceedings
clare annual to the court, and a full statement of his accounts, and the
court shall thereupon declare the dividends to be made among
the creditors.
dividends.
Creditors
whose claims
are not yet
SEC. 18.—Every person to whom such convict shall be in-
debted for a valuable consideration, for a sum of money not
due, to receive due, but payable afterwards, shall receive his proportion with
other creditors, after deducting a rebate of legal interest
upon the sum to be distributed, for the time unexpired of
such credit.
share on cer-
tain terms.
Set-offs al-
lowed, when.
SEC. 19. Where there are mutual credits between the
PRACTICE IN CRIMINAL CASES.
1215
CHAP. 127.
convict and any other person, they may be set-off against
each other; but no set-off shall be allowed of any claim or
debt which shall have been purchased by, or transferred to,
the person claiming its allowance, after the conviction of the
debtor.
SEC. 20.-If, at the time a dividend is made, a suit is
pending to establish any demand, the proportion which would
be allowed to such demand, if established, shall be reserved,
with the necessary costs and expenses, to be applied accord-
ing to the event of such suit.
SEC. 21.- When any dividend shall be ordered by the
court, the trustee shall immediately cause a notice thereof to
be published, as before directed in relation to notices of their
appointment, and shall make payments according to the order
of the court.
Sufficient
money to be
reserved to
meet contin-
gent demands.
Notice of di-
vidends, when
and how pub-
lished.
For what
purposes ef-
fects may, un-
der direction
SEC. 22. — The court shall have power, from time to time,
to make, and cause the trustee to execute, orders for the ap-
plication of any portion of the proceeds of estates in their
hands, for the support and maintenance of the family of such of court, be
applied.
convict and the education of his children, and to set apart
and reserve to the use of such family any property, real or
personal, when it may be done without prejudice to the rights
of creditors.
Upon dis-
charge of con-
fects to be de-
livered up.
SEC. 23. When any such imprisoned convict shall be
lawfully discharged from his imprisonment, the trustee so ap-vict, his ef-
pointed shall deliver up to him all his estate, real and per-
sonal, and all money belonging to him remaining in his
hands, after deducting a sufficient sum to satisfy expenses
which have been incurred in the execution of his trust, and
his lawful commission.
In case of
his death, the
same order,
SEC. 24. In case of the death of such convict, the
trustee shall, in like manner, account with the personal re-
presentatives, and deliver to them the property and effects &c.
remaining.
Court au-
force such or-
SEC. 25. The transfer and settlement required to be
made by either of the two preceding sections may be en-thorized to en-
forced by the court in a summary manner, on the application der in a sum-
of the party interested.
SEC. 26.—The trustee shall be allowed, as a full compen-
sation for his services, a commission, at the rate of five per
V 2-VOL. IL.
mary way.
Compensa-
tion of trus-
tees.
1216
PRACTICE IN CIVIL CASES.
CHAP. 128.
cent., on the whole sum which shall have come into his hands
by virtue of his trust.
Approved December 8, 1855.
CHAPTER CXXVIII.
PRACTICE IN CIVIL CASES.
AN ACT TO REGULATE PRACTICE IN COURTS OF JUSTICE.
ARTICLE I. OF THE FORM OF CIVIL ACTIONS.
66 II.
III.
''
.
OF THE PARTIES TO CIVIL ACTIONS.
OF PROCEEDINGS BY AND AGAINST INFANTS.
IV.IN WHAT COUNTY SUITS MAY BE BROUGHT.
V. OF THE MANNER OF COMMENCING CIVIL ACTIONS, AND THE
SERVICE OF NOTICE.
VI. OF THE PLEADINGS AND RULES OF PLEADING IN CIVIL
VII.
VIII.
IX.
X.
XI.
XII
ACTIONS.
OF THE CLAIM AND DELIVERY OF PERSONAL PROPERTY.
INJUNCTIONS.
OF AMENDING PLEADINGS AND PROCEEDINGS.
OF ISSUES, CONTINUANCES, TRIALS, AND THEIR INCIDENTS.
- OF THE ABATEMENT OF SUITS BY DEATH, MARRIAGE, OR
OTHERWISE, AND THE REVIVAL THEREOF.
-JUDGMENTS, AND SUBSEQUENT PROCEEDINGS THEREON.
"XIII. - NEW TRIALS, ARREST OF JUDGMENT, APPEALS, DUTIES OF
CLERKS, AND EXAMINATION OF PARTIES ON INTERROGA-
TORIES.
"XIV. - PRACTICE IN THE SUPREME COURT.
One form of
ARTICLE I.
OF THE FORM OF CIVIL ACTIONS.
21. One form of action declared in | 2. Parties to action, how desig-
this State.
18
nated.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.-There shall be in this State but one form
action declar- of action for the enforcement or protection of private rights,
and the redress or prevention of private wrongs, which shall
be denominated a civil action.
ed.
Parties to
SEC. 2. In such action, the party complaining shall be
action, how known as the plaintiff, and the adverse party as the defendant.
designated.
?
--
PRACTICE IN CIVIL CASES.
1217
CHAP. 128.
ARTICLE II.
OF THE PARTIES TO
1. Action to be in the name of the 2
real party in interest.
2. Executors, trustees, &c., may
sue in their own names, with-
out joining the person for
whose benefit the suit is pro-
secuted. The term "trustee
of an express trust" defined.
3. Who may be joined as plain-
tiffs.
4. Who may be defendants.
: 5. Parties united in interest to be
plaintiffs or defendants; a
party who should be plaintiff
may be made a defendant,
when.
CIVIL ACTIONS.
G. Persons liable to action may be
sued jointly or severally;
persons liable in a repre-
sentative character may be
joined with others originally
liable.
7. When a married woman is a
party, the husband must be
joined, except in the cases
specified Where the hus-
band is not joined, she must
sue or defend by her next
friend.
8. Suits by infants must be com-
menced and prosecuted, by
whom.
SECTION 1.-Every action must be prosecuted in the
name of the real party in interest, except as otherwise pro-
vided in the next succeeding section; but this action shall
not be deemed to authorize the assignment of a thing in
action not arising out of contract. (a)
:
SEC. 2.-An executor or administrator, a trustee of an
express trust, or a person expressly authorized by statute,
may sue in his own name, without joining with him the person
for whose benefit the suit is prosecuted. A trustee of an
express trust, within the meaning of this section, shall be
construed to include a person with whom, or in whose name,
a contract is made for the benefit of another. (b)
(a) Where a bond is made payable to A or B, they must join in a suit on
the bond, as a man cannot be bound to several persons severally. Bailey v.
Thornhill, 1 Mo. Rep., 510. Vide, Haile v. Palmer & Wife, 5 Mo. Rep.,
403; Culbertson v. Matson, 11 Mo. Rep., 493.
NEW SYSTEM.
It is for the court to say, upon a given state of facts, whether a plaintiff
is the real party in interest. Williams & Yeatman v. Whitlock, 14 Mo.
Rep., 552.
Vide, McLaughlin v. McLaughlin, 16 Mo. Rep., 242; Smith v.
Kennett, 18 Mo. Rep., 154; Walker v. Mauro, 18 Mo. Rep., 564; Finney v.
Brant, 19 Mo. Rep., 42; Bergesch v. Keevil, 19 Mo. Rep. 127. The as-
signee of an account may sue in his own name. Smith v. Schibel, 19 Mo.
Rep., 140.
A debt, evidenced by a note which is lost, may be assigned, so as
to enable the assignee to sue in his own name. Long v. Constant, 9 Mo.
Rep., 320.
A suit upon a sheriff's bond is properly brought in the name of
the State. State v. Moore, 19 Mo. Rep., 869. Vide, Meegan v. Gunsollis,
19 Mo. Rep., 417. The assignee of a claim for damages upon a broken
covenant of seizin must sue in his own name. Van Doren v. Relfe, 20 Mo.
Rep., 455.
(b) Vide, Yates v. Kimmel, 5 Mo. Rep., 87; Robbins v. Ayres, 10 Mo.
Rep., 588; Craig e. Callaway County Court, 12 Mo. Rep., 91; Linn County
v. Holland & Beckett, Ibid, 127; Reed v. Wilson & Garner, Mo. Rep.,
Action to be
in the name of
the real party
in interest.
Executors,
trustees, &c.,
may sue in
their own
names, &c.
The term
"trustee of an
express
trust" de-
fined.
:
1218
PRACTICE IN CIVIL CASES.
>
Who may be
joined as
plaintiffs.
Who may be
defendants.
Parties
united in in-
terest to be
CHAP. 128.
SEC. 3.-All persons having an interest in the subject of
the action, and in obtaining the relief demanded, may be
joined as plaintiffs, except as otherwise provided in this act.
SEC. 4.-Any person may be a defendant, who has, or
claims, an interest in the controversy, adverse to the plaintiff,
or who is a necessary party to a complete determination or
settlement of the question involved therein. (a)
SEC. 5.-Parties who are united in interest must be joined
as plaintiffs or defendants; but if the consent of any one who
plaintiffs or should have been joined as plaintiff cannot be obtained, he
may be made a defendant, the reason thereof being stated in
the petition. (b)
defendants,
&c.
Persons lia-
ble to action
SEC. 6.-Every person who shall have a cause of action
may be sued against several persons, including parties to bills of exchange
jointly or se- and promissory notes, and be entitled by law to one satisfac-
verally; per-
sons liable in tion therefor, may bring suit thereon jointly against all, or as
tive character many of the persons liable as he may think proper; and an
may be joined executor or administrator, or other person liable in a repre-
with others,
originally lia sentative character, may be joined with others, originally
liable, at the option of such person. (c)
a representa-
ble.
Where a SEC. 7.-When a married woman is a party, her husband
married wo- must be joined with her, except that: First, When the action
the husband concerns her separate property, she may sue and be sued
must be join- alone; Second, When an action is between herself and her
manis aparty,
ed, except in
certain cases. husband, she may sue and be sued alone. But when her
husband cannot be joined with her, as herein provided, she
shall prosecute or defend by her next friend.
She must sue
or defend by
next friend,
when.
Suits by in-
fants must be
commenced,
&., by whom.
SEC. 8.-Suits by infants may be commenced and prose-
cuted, either: First, By the guardian of such infant; or,
Second, By a next friend appointed for him in such suit.
28. A person with whom, or in whose name, a contract is made, for the
benefit of another, is a trustee of an express trust. Harney v. Dutcher, 15
Mo. Rep., 89; Miles v. Davis & Taylor, 19 Mo. Rep., 408. A suit for
slaves, claimed under a conveyance in trust, should be brought in the name
of the trustees, and not of the beneficiaries. Gibbons v. Gentry, 20 Mo.
Rep., 468.
(a) McQueen v. Chouteau's Heirs, 20 Mo. Rep., 222; Chouteau v. Bur-
lando, 20 Mo. Rep., 482.
(b) Schneider ". Staihr, 20 Mo. Rep. 269.
(c) Vide, Oldham v. Henderson, Mo. Rep., 295; Finney v. Allen, 7 Mo.
Rep., 416; Page v. Freeman, 19 Mo. Rep. 421.
PRACTICE IN CIVIL CASES.
1219
CHAP. 128.
ARTICLE III.
OF PROCEEDINGS BY AND AGAINST INFANTS.
1. Next friend, by whom to be ap-3 6. Petition for next friend, his
pointed
2.
To be made on petition of in-
fant, if of the age of four-
teen years, and written con-
sent of person appointed.
3. If under fourteen, appointment
to be made, how.
4. Next friend to give bond, if re-
quired by officer; its con-
dition.
5. Bond to be delivered to officer,
and filed with the clerk,
before appointment of next
friend shall be made.
consent and order of appoint-
ment to be filed, where.
7. Guardian, or next friend, re-
sponsible for costs.
8. Suits against infants not to
proceed till guardian be ap-
pointed.
9.
-10.
11.
How, and by whom appointed.
Defendant failing to procure
appointment of guardian,
court shall appoint one.
Guardian not liable for costs,
unless specially charged by
order of court.
SECTION 1. The appointment of a next friend for an
infant shall be made by the court in which the suit is in-
tended to be brought, or by a judge or clerk thereof.
SEC. 2.-Such appointment shall be made on the petition,
in writing, of such infant, if of the age of fourteen years,
and the written consent of the person proposed to be next
friend to such infant, acknowledged before, or proved to, the
[court] or officer making the appointment.
SEC. 3. If such infant be under the age of fourteen
years, the appointment of a next friend may be made upon
like petition of a relative or friend of the infant; in which
case, a notice thereof must first be given to the person with
whom such infant resides.
SEC. 4.-Before any person shall be appointed next friend
for an infant, in any suit to recover any personal property,
debt or damages, he shall, if required by the court or officer
to whom application for such appointment shall be made,
execute a bond to such infant, in double the amount claimed
in such suit, with such securities as shall be approved by the
court or officer, conditioned that such next friend shall account
to such infant for all money or property which may be re-
covered in such suit.
SEC. 5. Such bond shall be delivered to such officer, be-
fore the appointment shall be made, and shall be filed in the
office of the clerk of the court in which the suit is to be
brought.
SEC. 6.The petition for the appointment of next friend,
the written consent of the person proposed to be next friend,
Next friend,
by whom to be
appointed.
To be made
on petition of
infant, if, &c.,
and written
consentofper-
son appointed
If under
fourteen
years of age.
appointment
to be made,
how.
Next friend
to give bond,
if required by
court or offi-
cer; its con-
dition.
Bond to be
delivered
to
filed with the
officer, and
clerk, when.
Petition for
next friend,
where, &c.
&c., tobefiled,
1220.
PRACTICE IN CIVIL CASES:
CHAP. 1287
and the order of appointment, shall be filed in the office of
the clerk of the court where the suit is proposed to be
brought, before any proceedings shall be had in the cause.
Guardian, SEC. 7.-The guardian or next friend of any infant, who
responsible commenced or prosecuted a suit, shall be responsible for the
costs thereof.
ornext friend,
for costs.
Suits against
infants not to
SEC. 8.— After the commencement of a suit against an
proceed till infant defendant, and the service of process upon him, the
guardian be suit shall not be prosecuted any further until a guardian for
appointed.
such infant be appointed.
How, and
by whom ap-
pointed.
Defendant
dian, court
shall appoint
.one.
SEC. 9. Such appointment shall be made upon the re-
quest of the defendant, and on the written consent of any
competent person proposed as guardian by the court in which
the suit is pending, or by the judge thereof in vacation, and
shall be filed in the office of the clerk of the court, before
any answer by such infant shall be filed.
SEC. 10.—If such infant defendant neglect, for one day
failing to pro-after the first day of the term at which he is bound to appear ·
cure appoint-
ment of guar- to the suit, to procure the appointment of a guardian to
defend the suit, the court shall appoint some competent per- .
son to be guardian for such infant in the defence of such suit.
SEC. 11.- No person appointed guardian for such infant,
not liable for for the purpose of defending a suit against an infant, shall
be liable for the costs of such suit, unless specially charged
by the order of the court for some personal misconduct in
such cause.
Guardian
costs, unless,
.&c.
Suits insti-
tuted by sum-
what county.
ARTICLE IV.
IN WHAT COUNTY SUITS MAY BE BROUGHT.
2. 1. Suits instituted by summons to | 2 3. Suits concerning real estate to
be brought, in what county.
2. Suits commenced by attach-
ment to be brought in the
county where the property
may be found.
be brought in county where
it, or some part, is situate.
4. Parties may agree to removal
of suit; such removal, how
effected.
SECTION 1.- Suits instituted by summons shall, except as
mons to be otherwise provided by law, be brought: First, When the
brought, in defendant is a resident of the State, either in the county
within which the defendant resides, or in the county within..
which the plaintiff resides and the defendant may be found;
Second, When there are several defendants, and they reside
in different counties, the suit may be brought in any such
PRACTICE IN CIVIL CASES.
1221
CHAP. 128.
county; Third, When there are several defendants, some
residents and others non-residents of the State, suit may be
brought in any county in which any defendant resides;
Fourth, When all the defendants are non-residents of the
State, suit may be brought in any county.
SEC. 2.-Suits commenced by attachment against the
property of a person, shall be brought in the county in which
such property may be found.
Suits by at-
tachment to
be brought,
where.
Suits con-
SEC. 3. Suits concerning real estate, or whereby the
same may be affected, shall be brought in the county within cerning real
which such real estate, cr some part thereof, is situate. (a)
1
estate, where.
Parties may
moval of suit.
Acts 1849,
p. 77.
SEC. 4.-If, at any time after the commencement of a
suit, the parties shall agree, in writing, duly filed, upon any agree to re-
other county, or court of competent jurisdiction, to which
they desire the same to be removed, it shall, by order of
court, be removed accordingly to such county, or court of
competent jurisdiction; and the same proceedings shall be
had in all respects for the removal of such cause, as are pro-
vided, by law, in changes of venue in civil cases.
ARTICLE V.
OF THE MANNER OF COMMENCING CIVIL ACTIONS, AND THE
SERVICE OF NOTICES.
21. How suits may be instituted.
2. Petition to be filed before writ
issues.
3. Writ to be annexed to petition
or copy thereof, and delivered
to officer.
4. Date of writ; when returnable
to first, when to second term.
5. When defendant shall appear
to the suit.
6. Original writ shall be a sum-
mons, and how directed.
7. Summons, how executed.
8. Summons to be accompanied
by a separate copy of the
petition.
9. Acknowledgment of service of
writ to be valid, when.
10. Refusal to hear or receive a
copy deemed a sufficient
service.
11. Officer to make return of writs,
how.
2 12. When a separate summons may
issue.
13. Order of publication may be
made against non-resident
defendants, when; what it
shall contain.
14. When part of defendants are
residents, process to be is-
isued against them.
15. Proceedings, where sheriff shall
make return that defendant
cannot be found.
16.
Mode of procedure in case of
unknown parties.
17.
Orders of publication to be
published, in what newspa-
pers, and how long.
18. Mode of personal service on a
defendant out of the State.
are
19. Proceedings, where some of the
defendants appear, or
notified or summoned, and
others not.
(a) Although land may be affected by the decree, yet, if the primary
objects of the bill do not relate to land, it need not be brought in the county
where the land lies. Ulrici v. Papin, 11 Mo. Rep., 42.
A
J.
i
1222
PRACTICE IN CIVIL CASES.
How suits
may be insti-
tuted.
CHAP. 128.
3 20. Suit shall not be delayed longer | 25. How long notice must be given
than one term to bring in the
others, unless all appearing
shall consent.
21. No suit to be delayed by rea-
son of nonage of a party.
22. Notices to be in writing, and
served on a party or his
attorney.
before time appointed for
hearing the motion, pleading
or other proceeding.
26. Who may serve notices; offi-
cers failing to serve notices
become liable for neglect of
duty.
27. Acknowledgment of service of
notice, by endorsement there-
on, by party, or his attor-
ney, deemed sufficient ser-
vice.
23. To be served, how.
24. If the party or attorney be
non-resident, it shall be put
up in the office of the clerk.
SECTION 1.Suits may be instituted in courts of record,
except when the statute law of this land [State] otherwise
provides, either: First, By filing in the office of the clerk of
the proper court a petition, setting forth the plaintiff's cause
or causes of action, and the remedy sought, and by the
1845, p. 801. voluntary appearance of the adverse party thereto; (a) or,
Second, By filing such petition in such office, and suing out
thereon a writ of summons against the person, or of attach-
ment against the property, of the defendant.
Rev. Code,
Petition to
be filed before
writ issues.
Writ to be
annexed to pe-
delivered to
officer.
SEC. 2. No such original writ shall be issued until the
petition be filed in the clerk's office.
SEC. 3.The writ, when issued, shall be endorsed upon,
tition or copy or annexed to, the petition, or a copy thereof; and the peti-
thereof, and tion, or a copy thereof, together with the writ, shall be deli-
vered to the officer charged with the execution of the same.
Date of SEC. 4. Every such original writ shall be dated on the
writ; when
returnable to day it is issued, and made returnable on the first day of the
first. when to next term thereafter; but if the first day of such term be
within fifteen days thereafter, then such writ shall be made
returnable on the first day of the second term.
second term.
Rev. Code,
1845, p. 804.
When de-
fendant shall
suit.
SEC. 5.- Every defendant served with the summons fifteen
appear to the days before the return day thereof, shall be bound to appear
at the return term of the writ; and if such summons be
served less than fifteen days, he shall be bound to appear at
the term next after the return term of such writ.
Acts 1849,
p. 77-8.
Original
writ shall be
summons,
and how di-
rected.
SEC. 6. The original writ, in all cases where it is not
otherwise provided by law, shall be a summons, which shall
be directed to the officer to be charged with the execution
thereof, and shall command him to summon the defendant to
(a) A defendant after appearance cannot take advantage of a variance
between the petition and the summons in the names of the plaintiffs. Hite
v. Hunton, 20 Mo. Rep., 286.
PRACTICE IN CIVIL CASES.
1223
СНАР. 128.
appear in court, on the return day of the writ, and at a place
to be specified in such writ, to answer the petition of the
plaintiff. (a)
Summons,
SEC. 7.-A summons shall be executed, except as other-
wise provided by law, either: First, By reading the writ to how executed.
the defendant, and delivering to him a copy of the petition;
or, Second, By delivering to him a copy of the petition and
writ; or, Third, By leaving a copy of the petition and writ
at his usual place of abode, with some white person of the
family over the age of fifteen years; or, Fourth, Where
there are several defendants, by delivering to the defendant
who shall be first summoned a copy of the petition and writ,
and to such as shall be subsequently summoned a copy of
the writ; or by leaving such copy at the usual place of abode
of the defendant, with some white person of his family over
the age of fifteen years. (b)
SEC. 8.— Every summons shall be accompanied by a sepa-
rate copy of the petition, for the use of the officer in serving
the summons.
SEC. 9.-When a defendant shall acknowledge, in writing,
endorsed on the writ, signed by his own proper signature, the
service of such writ, and waive the necessity of the service
thereof by an officer, such acknowledgment shall be deemed
as valid as if served in the manner provided by law.
SEC. 10.- In all cases when the defendant shall refuse to
(a) Vide, Payne v. Collier, 6 Mo. Rep., 321.
(6) Appearance in a cause waives an imperfect return of the service of
a summons. Bartlett v. McDaniel, 3 Mo. Rep., 40. So of defects in the
summons. Barnett v. Lynch, 3 Mo. Rep., 261. Suit commenced by attach-
ment without personal service; the defendant appeared, and moved to quash
the attachment. Held, to be such an appearance to the action as author-
ized a general judgment, and a general execution thereon. Evans v. King,
7 Mo. Rep., 411. The want of service of a writ is cured by appearance
and defence. Griffin & Kinote v. Samuel, 6 Mo. Rep., 50. So where the
service is illegal. Hembree v. Campbell, 8 Mo. Rep., 572. A party who
is in court for one purpose, is not necessarily in court for any other pur-
pose. Anderson v. Brown, 9 Mo. Rep., 638. Vide, Grissom v. Allen, 10
Mo. Rep., 303.
NEW SYSTEM.
It is not necessary that the bond or note which is the foundation of the
action, and filed with the petition, should be included in the copy of the
petition which goes out with the summons. Hadwen v. Home Mutual In-
surance Company, 13 Mo. Rep., 473. The term "family" is not confined
to persons under the control, or in the employ, of the defendant. Thus, if
a son take bis widowed mother to reside with him, she is a member of his
family, within the meaning of the statute. Ellington v. Moore, 17 Mo.
Rep., 424.
W VOL. II.
Summons ac-
separate copy
companied by
of petition.
Acknow-
ledgment of
service of writ
to be valid,
when.
What deem-
ed a sufficient
service.
1224
PRACTICE IN CIVIL CASES.
Officer to
make return
CHAP. 128.
hear the writ read, or to receive a copy of the writ or peti-
tion, the offer of the officer to read the same, or to deliver a
copy thereof, and such refusal, shall be a sufficient service of
such writ.
SEC. 11.-Every officer to whom any writ shall be deli-
of writs, how. vered to be executed shall make return thereof, in writing,
of the time, place and manner, of service of such writ, and
shall sign his name to such return.
When a se-
parate sum-
mons may is-
sue.
Acts 1849,
p. 78.
Order of
publication
resident de-
when.
SEC. 12.-Where there are several defendants residing in
different counties, a separate summons shall be issued to each
county, including all the defendants residing therein; and
when any defendant or defendants are non-residents of the
State, the plaintiff may take his writ against him or them, or
separate writs against each, directed to the sheriff of any
county in the State in which the plaintif believes such de-
fendant or defendants may be temporarily found.
SEC. 13.-If any plaintiff, or other person for him, shall
may be made allege in his petition, or file an affidavit stating, that part or
against non- all of the defendants are non-residents of this State, the
fendants, court, or clerk in vacation, shall make an order directed to
the non-residents, notifying them of the commencement of
Acts 1849, the suit, and stating briefly the object and general nature of
the petition, and requiring them to appear on a day to be
therein named, (allowing sufficient time for publication,) and
answer the petition, or that the petition will be taken as
confessed.
p. 78.
When part
are residents,
process to be
issued against
them.
Proceedings
on return, that
SEC. 14.-If, in such case, part of the defendants are
residents of the State, process shall be issued against them
as in other cases.
SEC. 15.- When a summons shall be issued against any
defendant defendant, and the sheriff to whom it is directed shall make
cannot be return that the defendant cannot be found, the court, being
first satisfied that process cannot be served, shall make an
order, as is required in the preceding sections in case of non-
resident defendants.
found.
Acts 1849,
p. 78.
Mode of pro-
cedure in case
of
parties.
Acts 1849.
p. 78.
SEC. 16.—If any plaintiff shall allege in his petition that
unknown there are, or that he verily believes there are, persons inte-
rested in the subject matter of the petition, whose names he
cannot insert therein because they are unknown to him, and
shall describe the interest of such persons, and how derived,
so far as his knowledge extends, the court, or the judge or
PRACTICE IN CIVIL CASES.
1225
CHAP. 128.
clerk thereof in vacation, shall make an order as in case of
non-residents, reciting, moreover, all allegations in relation to
the interest of such unknown parties.
SEC. 17.-Every order against non-resident, absent or un-
known, defendants, shall be published in some newspaper pub-
lished in this State, which the court, judge or clerk, making
the order, may designate as most likely to give notice to the
person to be notified. The publication shall be for four weeks
successively, the last insertion to be at least four weeks before
the commencement of the term at which the defendants are
required to appear.
Orders of
publication to
be published,
in what news-
how long.
papers, and
Acts 1849,
p. 79.
Mode of
personal ser-
fendant out of
the State.
SEC. 18. The plaintiff may cause a copy of the petition,
with a notice of the suit, to be delivered to any known device on a de-
fendant, residing or being without this State, at any place
within the United States or their Territories, one month be-
fore the commencement of the term at which such defendant
is required to appear. Such service may be made by any free
white person above the age of twenty-one years, who is a
competent and disinterested witness in the cause; and, being
proved by the affidavit or deposition of such person, shall be
as effectual as if served by the proper officer, in the usual
manner provided, by law, upon a resident defendant.
SEC. 19. When there are several defendants, some of
whom do not appear, and are neither notified nor summoned,
the plaintiff may proceed against those, (if any,) who do ap-
pear, or are summoned or notified, and dismiss his petition as
to the others; or he may continue the cause until the next
term, and proceed to bring in the other defendants, by process
or publication, as the case may require.
Acts 1849,
p. 79.
Proceedings
where some of
the defendants
notified or
summoned,
appear, or are
and others
not.
Suit shall
not be delayed
SEC. 20. But at such second term the suit shall proceed
against all who shall have been served in due time, and no longer than
further delay shall be allowed to bring in the others, unless
all that appear shall consent to such delay.
one term, un-
unless, &c.
No suit de-
SEC. 21.—No suit shall be deferred or delayed by reason layed by non-
of the nonage of any of the parties.
SERVICE OF NOTICES.
age of a party.
Notices to be
in writing,
SEC. 22. — Notices shall be in writing, and shall be served.
on the party, or his attorney, in the manner prescribed in and served, on
this article, unless otherwise provided by law.
whom.
To be serv-
SEC. 23.—The service may be made by delivering to the ed, how.
1226
PRACTICE IN CIVIL CASES.
If the party,
or his attor-
CHAP. 128.
party, or his attorney, a copy of such notice, or by leaving a
copy at the usual place of abode of the party, or his attorney,
with some free white person over the age of fifteen years, or
with the clerk of the party, or his attorney.
SEC. 24.-If neither the adverse party nor his attorney
ney, be non-reside in this State, such notice may be put up in the office of
resident, the the clerk of the court wherein the suit is pending, or the pro-
notice shall be
put up, where. ceedings are intended to be had.
How long
notice must be
SEC. 25. Notices shall, unless a different time is pre-
given before scribed by law or the practice of the court, be given at least
time appoint- five days before the time appointed for the hearing of the mo-
the motion, tion, pleading or other proceeding, if the person to be served
pleading or
other proceed-reside within fifty miles of the place where the hearing is to
ed for hearing
ing.
Who may
serve notices;
officers liable
for neglect of
duty.
Acknowledg
ment of ser-
vice of notice
deemed suffi-
cient service.
be had, and one day for every additional twenty-five miles
for the first three hundred miles, and beyond that, one addi-
tional day for each hundred miles of distance, from the place
of serving or setting up such notice to the place of residence
of such party, or his attorney.
SEC. 26.—The service of any notice required by this act
may be made by any sheriff, marshal or constable, or by any
person who would be a competent witness, who shall make
affidavit to such service; and any such officer shall be bound
to serve notices equally with summons or other writs, and
shall be in like manner liable for neglect.
SEC. 27.—If the adverse party, or his attorney, shall en-
dorse on the notice his acknowledgment of the service
thereof, and subscribe the same, it shall be deemed a sufficient
service.
ARTICLE VI.
OF THE PLEADINGS AND RULES OF PLEADING IN CIVIL
ACTIONS.
1. Forms of pleading in civil ac- 7. They must be distinctly speci-
tions, except, &c., prescribed
by this act.
2. What causes of action may be
united in the same petition;
to be stated separately, &c.
3. Petition is the first pleading,
and shall contain, what facts.
4. Pleadings on part of defendant.
5. Defendant shall demur to or
answer the petition, when.
6. Defendant may demur, for what
causes.
fied;
if not, demurrer may
be disregarded.
8. Defendant may demur to, or
answer different parts of, pe-
tition at same time.
9. What pleadings allowed after
demurrer; amended petition,
answer or reply, to be filed.
10. Where causes of demurrer do
not appear in the petition,
the objection may be taken
by answer.
PRACTICE IN CIVIL CASES.
1227
CHAP. 128.
8 11. Demurrers to be determined, 36. Courts may extend time pre-
when.
12. Answer, what to contain.
13. Counter-claim defined, and
must arise out of one of the
causes of action specified.
14. Defendants shall answer joint-
ly, when. What defences may
be separately stated in same
answer.
15. Plaintiff may reply to a coun-
ter-claim, or demur, when
and how.
16. Upon failure, defendant to have
judgment; and if case require
it, a writ of inquiry of da-
mages to issue.
17. Defendant may demur to reply.
18. Replies and demurrers shall be
governed, by what rules.
19. When a cause shall be deemed
at issue and for trial.
20. Petition, answer and reply, to
be verified by affidavit; ex-
ception.
21. No such verification shall be
used as proof, when.
22. Affidavits defectively entitled,
valid.
23. Affidavits to pleadings may be
taken before, and certified
by, what officers, and how.
24. When the defendant shall de-
mur or answer, where there
has been personal service,
and the petition is founded on
a bond or note.
25. Plaintiff shall demur or reply
to answer, when.
26. Suits on such bonds and notes
to be determined, when.
27. Motions shall specify reasons
upon which they are founded.
28. To be filed, when.
29. What allegations shall not be
made in a pleading.
30. A frivolous pleading may be
stricken out.
31. Matter, irrelevant or redun-
dant, may be stricken out;
court may require the plead-
ing to be made definite and
certain, when.
32. Duplicity a substantial objec-
tion to the pleading.
33. Court may tax five dollars, as
costs, against any one violat-
ing rules of pleading, pro-
vided in last three sections.
34. A party not required to state
evidence in his pleading.
35. Demurrers and motions shall
be determined without delay;
costs, how paid.
•
scribed for filing any plead-
ing or motion.
37. Facts which have occurred
since institution of suit may
be alleged.
38. Pleadings to be signed; the
day of filing to be endorsed
thereon, and, in term, on the
minutes.
39. Name of county to be stated in
margin of the petition, and
to be taken to be the venue;
need not be stated, &c.
Pleading insufficient, proceed-
ings.
40.
41.
Second pleading insufficient,
proceedings.
42.
Third pleading insufficient, pro-
ceedings.
43. Plaintiff in actions on contract,
not to be nonsuited for fail-
ing to prove that all the de-
fendants are parties.
44. Suit may be dismissed, or non-
suit taken, before cause is
finally submitted to a jury or
the court.
45.
What deemed responsive to the
adverse pleading.
46.
Any fact or title may be alleged
alternatively.
47.
Party not deprived of benefit
of a legal bar set up in de-
fence, when.
48. What allegations to be taken
as true, and what deemed
controverted.
49. Pleadings to be liberally con-
strued.
50. Items of an account need not
be stated in a pleading; if
not stated, copy of account,
verified by affidavit, to be
filed.
51. Presumptions of law, and mat-
ters judicially noticed, need
not be pleaded.
Private statutes, how pleaded.
Statutes, public or private, or
special matter thereof, how
pleaded.
52.
53.
51. Conditions precedent, and judg-
ments, how pleaded.
55. Libel and slander, how to be
stated in the petition.
56. What may be alleged in the
answer of defendant in such
actions.
57. Payment may be plead in bar
of an action upon a bond or
judgment.
58. Notice to be given of the filing
of a pleading in vacation.
1228
PRACTICE IN CIVIL CASES.
Forms of
pleading in
civil actions
CHAP. 128.
59. An action or defence may be 62. Proceedings, where a party
maintained on an instrument,
lost or destroyed; same not
to be filed, but excuse for
want of filing to be alleged.
60. Instrument to be filed with pe-
tition or other pleading, when.
61. Deeds and writings filed as
exhibits, to remain on file till
withdrawn by order of court;
copies to be substituted when
withdrawn.
makes claim to real property,
in possession of a person
claiming an estate of freehold
therein, or an unexpired term
of not less than ten years.
63. What judgments and orders
may be rendered, upon ap-
pearance of defendant.
64. Parties may prosecute and de-
fend, how; warrant of attor-
ney not necessary, &c.
SECTION 1.—The forms of pleading in civil actions in
courts of record, and the rules by which the sufficiency of the
prescribed by pleadings are to be determined, are, except as otherwise
specially provided by law, prescribed by this act.
this act.
What causes
of action may
be united in
the same peti-
tion.
PETITION.
SEC. 2.—The plaintiff may unite in the same petition
several causes of action, whether they be such as have been
heretofore denominated legal or equitable, or both, where
they shall [all] arise out of: First, The same transaction or
transactions connected with the same subject of action; or,
Second, Contract, express or implied; or, Third, Injuries,
with or without force, to person and property, or either; or,
New York Fourth, Injuries to character; or, Fifth, Claims to recover
Code.
To be stated
separately,
&c.
real property, with or without damages, for the withholding
thereof, and the rents and profits of the same; or, Sixth,
Claims to recover personal property, with or without damages,
for the withholding thereof; or, Seventh, Claims by or against
a party in some representative or fiduciary capacity, by vir-
tue of a contract, or by operation of law. But the causes of
action so united must all belong to one of these classes, and
must affect all the parties to the action and not require dif-
ferent places of trial, and must be separately stated, with the
relief sought for each cause of action, in such manner that
they may be intelligibly distinguished. (a)
(a) Vide, Martin v. Martin, 13 Mo. Rep., 36.
NEW SYSTEM.
McLaughlin v. McLaughlin, 16 Mo. Rep., 242; Barada v. Carondelet, 16
Mo. Rep., 323. One tenant in common may sue another under the new
code. Rogers v. Penniston, 16 Mo. Rep., 432. Vide, Groves' Heirs v. Ful-
some, 16 Mo. Rep., 543; Alexander v. Warrance, 17 Mo. Rep., 228; (Childs
v. Bank of Missouri, 17 Mo. Rep., 213, affirmed;) Mooney v. Kennett, 19
Mo. Rep., 551. Vide, Robinson v. Rice, 20 Mo. Rep., 229. One install-
ment of a note due by installments may be recovered before the others are
due, and it is not material whether the amount is sought to be recovered as
a debt or damages. Caples v. Branham, 20 Mo. Rep., 244.
PRACTICE IN CIVIL CASES.
1229
СНАР. 128.
SEC. 3. The first pleading on the part of the plaintiff is
the petition, which shall contain: First, The title of the
cause, specifying the name of the court and county in which
the action is brought, and the names of the parties to the
action, plaintiffs and defendants; Second, A plain and con-
cise statement of the facts constituting a cause of action,
without unnecessary repetition; Third, A demand of the re-
lief to which the plaintiff may suppose himself entitled: if
the recovery of money be demanded, the amount thereof
shall be stated, or such facts as will enable the defendant
and the court to ascertain the amount demanded. (a)
(a) Pleadings lost or destroyed may be replaced, nunc pro tunc, while the
cause remains in the same court. Chambers v. Astor, 1 Mo. Rep., 233.
When a request is necessary to give a party a right to sue, such request
must be specially stated in the declaration. (Vide, title Costs, article one,
section thirty-four.) Ramsey v. Walthan, 1 Mo. Rep., 279. Any act to be
done on the part of the undertaker, which forms a part of the agreement,
should be set forth in the declaration; but a mere incident to such under-
taking need not. Owens v. Geiger, 2 Mo. Rep., 35. Matter more in the
knowledge of one party than the other must be plead by the party having
that knowledge. Ibid. Vide, Hempstead v. Stone, 2 Mo. Rep., 54. Par-
ties suing must set out their proper names, and cannot sue in the name of
the partnership, as "Lamme & Brothers." Revis v. Lamme & Brothers, 2
Mo. Rep., 168. To maintain an action on an instrument for personal ser-
vice, it is necessary that a special request for the performance of the ser-
vices be first made. Bothick v. Purdy, 3 Mo. Rep., 60. Vide, Collins v.
Warburton & Risley, 3 Mo. Rep., 145. A bond, signed by a partner in the
name of the firm, may be described, in a petition in debt, as the bond of
any one of the partners. (Vide, section six, article two of this act.)
Griffin v. Samuel, 6 Mo. Rep., 50. Vide, Keith v. Wilson, 6 Mo. Rep., 435;
Bircher v. Payne, 7 Mo. Rep., 462; Chouteau v. Hewitt, 10 Mo. Rep., 131.
A bond or sealed instrument must be declared on as such, although in the
body of the instrument it is stated to be a note. Benoist & Hackney v. In-
habitants of Carondelet, 8 Mo. Rep., 250; Muldrow v. Caldwell, 7 Mo. Rep.,
563; Moore & Hunt v. Platte County, 8 Mo. Rep., 467. A person who is
prevented by the other party from completing a contract, is entitled to re-
cover as if the contract were completed. Little v. Mercer, 9 Mo. Rep.,
216. Cases in which no demand need be averred or proved: Pye v. Rut-
ter, 7 Mo. Rep., 548; Henshaw v. Liberty M. F. L. Insurance Company, 9
Mo. Rep., 333. In an action upon a note, it is not necessary for the plain-
tiff to explain an erased endorsement found upon the note. Finney v.
Turner, 10 Mo. Rep., 207. A person who contracts to do certain work for
another, and is discharged or prevented from completing his work, cannot
recover the whole contract price, without showing a faithful compliance on
his part. City of St. Louis v. McDonald, 10 Mo. Rep., 609. On a de-
murrer to a bill, the court will not regard the exhibits as a part of the bill.
Tesson v. Tesson, 11 Mo. Rep., 274. Vide, Taylor v. Maguire, 12 Mo.
Rep., 313; Curle & Goddin v. St. Louis Perpetual Insurance Company,
Ibid, 578; Boulware v. The Bank, Ibid, 542. In a bill for the specific per-
formance of a contract to convey land it is not necessary to allege that the
contract was in writing. The presumption is that the contract is valid.
Wilbahn v. Robidoux, 11 Mo. Rep., 659. To entitle the plaintiff to a de-
cree against an answer denying the contract set up in the bill, a contract, in
writing, must be shown. Ibid. Vide. State v. Grimsley, 19 Mo. Rep., 171;
State v. Petticrew, 19 Mo Rep., 373; Martin v. Miller, 20 Mo. Rep., 391.
NEW SYSTEM.
The bond or note, which is the foundation of the action, does not become
Petition is
the first plead-
ing, and shall
contain, what
facts.
1230
PRACTICE IN CIVIL CASES.
DEMURRER.
CHAP. 128.
Pleadings on
part of de-
fendant.
Defendant
to, or answer,
when.
SEC. 4.--The only pleading on the part of the defendant
is either a demurrer or an answer. (a)
SEC. 5.-Every defendant who shall be summoned or no-
shall demur tified according to the provisions of this act, shall, except as
the petition, hereinafter provided, demur to or answer the petition on or
before the sixth day of the term at which he is required to
appear, if the term shall so long continue; and if not, then
before the end of the term, unless further time be given by
the court. (b)
a part of the petition. Hadwen v. Home Mutual Insurance Company, 13
Mo. Rep., 473. A petition must substantially set forth facts which, under
the rules and principles of law, would entitle the plaintiff to a judgment.
(Vide, section twenty-nine of this article.) Biddle v. Boyce, 13 Mo. Rep.,
532. Vide, Glascock v. Robards, 14 Mo. Rep., 350; State, to use, &c., v.
St. Gemme & Pratte, 15 Mo. Rep., 219. A petition on an account for ser-
vices rendered a third person, charging an original liability on the defend-
ant, is sufficient. Wing v. Campbell, 15 Mo. Rep., 275. Vide, State, to
use, &c., v Modrell, 15 Mo. Rep., 421. A petition held insufficient. Woods
v. Rainey, 15 Mo. Rep., 484. It is not necessary in a petition to state the
facts and circumstances by which the ultimate fact relied on is to be
proved. See v. Cox, 16 Mo. Rep., 166; McMartin v. Adams, Ibid, 268.
Vide, Boon v. Miller, 16 Mo. Rep., 457; State v. Thomas, 17 Mo. Rep.,
503.
A plaintiff can only recover on the cause of action alleged in his pe-
tition. Link v. Vaughn, 17 Mo. Rep., 585. Vide, Page & Bacon v. Snow,
18 Mo. Rep., 126; Perry v. Barret, Ibid, 140. An averment that a party
"used and occupied premises with the permission of the owner, thereby
becoming his tenant," is a sufficient averment of indebtedness. Walker v.
Mauro, 18 Mo. Rep., 564. A party suing upon a bond must state his title
in his petition. It is not sufficient to aver that he is the legal holder.
Smith & Kinzer v. Dean, 19 Mo. Rep., 63. Law and equity being now
blended, an equitable title arising out of a contract for the sale of land is
a good defence to an action instituted to recover possession of land. Ti-
beau v. Tibeau, 19 Mo. Rep., 78. Vide, Ramsours v. Campbell, 19 Mo.
Rep., 358.
A statement in a petition, that the plaintiff sued in the capa-
city of administratrix, is a sufficient allegation that she is administratrix.
Duncan v. Duncan, 19 Mo. Rep., 368. It is not necessary that facts should
be stated in a pleading according to their legal effect. (Pye v. Rutter, 7
Mo. Rep., 548; Muldrow v. Caldwell, 7 Mo. Rep., 563; Moore & Hunt, v.
Platte County, 8 Mo. Rep., 467.) Page v. Freeman, 19 Mo. Rep., 421. A
plaintiff is entitled to all the relief that he could formerly have obtained,
both from a court of law and equity, upon the facts. Rankin v. Charless,
19 Mo. Rep., 490. Courts do not take judicial notice of city ordinances.
If a party rely on an ordinance, he should set it out in his pleading.
Mooney v. Kennett, 19 Mo. Rep., 551. A party seeking equitable relief
under the new system, must state facts which would have been a ground
for such relief under the old system. Jones v. Brinker, 20 Mo. Rep., 87;
Carman v. Johnson, Ibid, 108; Maguire v. Vice, Ibid, 429.
In declaring
upon a note, it is not necessary to set out a consideration in the petition.
Caples v. Branham, 20 Mo. Rep., 244. If a complainant rely upon a disability
as exempting him from the operation of the statute of limitations, he
should set it up in his bill. Keeton v. Keeton, 20 Mo. Rep., 530. One
party who is saved from the operation of the statute of limitations by a
disability, can obtain no relief upon a bill in equity jointly with other par-
ties who are barred. Ibid.
(a) A demurrer only admits matters that are well pleaded. Warden v.
Evans, 2 Mo. Rep., 166.
(b) An objection to a plea, that it was not pleaded in proper time, should
PRACTICE IN CIVIL CASES.
1231
CHAP. 128.
SEC. 6.—The defendant may demur to the petition when
it shall appear upon the face thereof, either: First, That the
court has no jurisdiction of the person of the defendant, or
the subject of the action; or, Second, That the plaintiff has
not legal capacity to sue; or, Third, That there is another
action pending between the same parties, for the same cause,
in this State; or, Fourth, That there is a defect of parties,
plaintiff or defendant; (a) or, Fifth, That several causes of
action have been improperly united; or, Sixth, That the pe-
tition does not state facts sufficient to constitute a cause of
action; (b) or, Seventh, That a party, plaintiff or defendant,
is not a necessary party to a complete determination of the
action. (c)
it
SEC. 7. The demurrer shall distinctly specify the
grounds of objection to the pleadings; unless it does So,
may be disregarded.
SEC. 8.—The defendant may demur to the whole peti-
tion, or to any one or more of the alleged causes of action
stated therein, and answer the residue.
SEC. 9. After a demurrer, the plaintiff may amend, of
course, and with or without costs, as the court may order.
Upon the decision of the demurrer, the plaintiff may amend,
or the defendant withdraw his demurrer and answer. The
amended petition, answer or reply, shall be filed within such
time as the court may prescribe.
SEC. 10.— When any of the matters enumerated in sec-
tion six of this article do not appear upon the face of the
petition, the objection may be taken by answer. If no such
objection be taken, either by demurrer or answer, the de-
fendant shall be deemed to have waived the same, excepting
only the objection to the jurisdiction of the court over the
be made by motion to set it aside. Thomas v. Van Doren, 7 Mo. Rep., 201.
Vide, Cabanne v. Lavallee, 1 Mo. Rep., 278; Sweeney v. Willing, 6 Mo. Rep.,
174; Dickey v. Malechi, Ibid, 177. The six days given by the statute for
filing pleas, are six days on which the court is in actual session; and where
the court adjourns over, the days on which it does not sit are not to be
counted. Wash v. Randolph, 9 Mo. Rep., 141.
(a) Vide, Smoot v Wathen, 8 Mo. Rep., 522.
(b) Vide, Fry v. Baxter, 10 Mo. Rep., 302; Roper v. Clay, 18 Mo. Rep.,
383.
(c) If improperly made parties, the defendants must demur. Lyne v.
Guardian, 1 Mo. Rep., 290. It is not necessary to make a third person,
who is not a party to the interest involved, and whom a decree would not
affect, a party to the bill. Wilkson v. Blackwell, 4 Mo. Kcp., 428.
W 2-VOL. II.
Defendant
may demur,
for what
causes.
New York
Code.
They must
be distinctly
specified; if
not, the effect.
Defendant
may demur or
answer, how.
What plead-
ings allowed
after demur-
rer; amended
petition, an-
swer or reply,
to be filed
when.
Where causes
of demurrer
do not appear
in the petition,
the objection
may be taken
when, and
what objec-
by answer;
tions deemed
waived, and
what not.
t
1232
PRACTICE IN CIVIL CASES.
Demurrers
to be deter-
CHAP. 128.
subject matter of the action, and excepting the objection
that the petition does not state facts sufficient to constitute a
cause of action. (a)
SEC. 11.- All demurrers shall be determined during the
mined, when. term at which they are filed; and, when filed in vacation,
shall be determined at the next term after the filing thereof.
Answer,
what to con-
tain.
ANSWER.
SEC. 12.-The answer of
-The answer of the defendant shall contain:
First, A special denial of each material allegation of the
petition controverted by the defendant, or of any knowledge
or information thereof sufficient to form a belief; Second, A
statement of any new matter constituting a defence or coun-
ter claim, in ordinary and concise language, without repeti-
tion. (b)
(a) Where the proper parties are not made, and it does not appear on the
face of the bill, it should be shown by plea. Gamble & Johnston v. John-
son, 9 Mo. Rep., 597. Vide, Ulrici v. Papin, 11 Mo. Rep., 42. If a de-
fendant neglect to demur to a defective declaration, he cannot avail him-
self of the objection at the trial, but will be put to his motion in arrest of
judgment. Bury v. City of St. Louis, 12 Mo. Rep., 298; Mullen v. Pryor,
Ibid, 307.
(b) When usury is intended to be shown, the fact should be so pleaded as
to enable the court clearly to see the usurious nature of the transaction.
Mullanphy v. Phillipson, 1 Mo. Rep., 133. Vide, Davis v. Burns, 1 Mo.
Rep., 189. Montgomery v. Lipton, 1 Mo. Rep., 317. Thomas v. Wash,
Ibid, 475. Yantis v. Burdett, 3 Mo. Rep., 321. Pemberton v. Staples, 6
Mo. Rep., 59. Jarrell v. Cockey, Ibid, 159. A plea must state facts, and
not the belief of the party of the existence of the facts. Thomas v. Van
Doren, 7 Mo. Rep., 201. A party cannot plead any matter to a scire facias
on a judgment, which he might have pleaded to the original action.
kins v. State, 7 Mo. Rep., 334. As to the mode of pleading the statute of
limitations see, State, to use, &c., v. Pratte & St. Genome, 8 Mo. Rep.,
286; Finney v. State, to the use, &c., 9 Mo. Rep., 225; Wiggins v. Lover-
ing, Ibid, 259; Culbertson v. Matson, 11 Mo. Rep. 493.
NEW SYSTEM.
Wat-
Vide, Weirick v. Shields, 17 Mo. Rep., 334; Sugg v. Blow, Ibid, 359;
Sybert v. Jones, 19 Mo. Rep., 86. Kerr v. Clark, Ibid, 132. In a suit upon
a note, an answer, which denies any knowledge sufficient to form a belief
as to whether the plaintiffs compose the firm to whose order the note is
payable, is erroneously stricken out. Wales v. Chamblin, 19 Mo. Rep.,
500. A denial of indebtedness is not a sufficient answer to a petition which
sufficiently charges that the indebtedness arose out of breaches of a specific
contract. The breaches must be denied. Engler v. Bate, 19 Mo. Rep.,
543. A simple denial is a sufficient answer to a simple allegation of in-
debtedness. Westlake v. Moore, 19 Mo. Rep. 556. Vide, Joy v. Cooley,
19 Mo. Rep., 645. An allegation in a petition, not material to the plaintiff's
right of action, is not admitted by a failure to deny it in the answer. Thus,
the value of an article for which a plaintiff seeks to recover is not ad-
mitted if not denied. Wood v. Steamboat Fleetwood, 19 Mo. Rep., 529.
Where a defendant in ejectment relies in his answer upon a legal title, he
cannot at the trial avail himself of a merely equitable defence. Kennedy
v. Daniels, 20 Mo. Rep., 104. To avoid the estoppel of a judgment, it is
sufficient to allege that it was obtained by fraud, without stating the facts
constituting the fraud. Edgell v. Sigerson, 20 Mo. Rep., 494.
PRACTICE IN CIVIL CASES.
1233
CHAP. 128.
Counter-
claim defined,
and must arise
out of one of
action speci-
the causes of
fied.
N. Y. Code.
SEC. 13.—The counter-claim mentioned in the last sec-
tion must be one existing in favor of a defendant, and against
a plaintiff, between whom a several judgment might be had
in the action, and arising out of one of the following causes
of action: First, A cause of action arising out of the con-
tract or transaction set forth in the petition as the foundation
of the plaintiff's claim, or connected with the subject of the
action; Second, In an action arising on contract, any other
cause of action arising, also, on contract, and existing at the
commencement of the action. The defendant may set forth
by answer as many defences and counter-claims as he may
have, whether they be such as have been heretofore denomi-swer.
nated legal or equitable, or both. They must each be sepa-
rately stated, in such manner that they may be intelligibly
distinguished, and refer to the causes of action which they
are intended to answer.
SEC. 14.-Two or more defendants making the same de-
fence shall answer jointly.
Different consistent defences
may be separately stated in the same answer. (a)
THE REPLY.
SEC. 15.—When the answer contains new matter, con-
stituting a counter-claim, the plaintiff, except as hereinafter
provided, may, within twenty days after the answer is filed,
reply to such new matter, denying generally or specifically
each allegation controverted by him, or any knowledge or
information thereof sufficient to form a belief; and he may
allege in ordinary and concise language, without repetition,
any new matter not inconsistent with the petition, constitut-
ing a defence to such new matter in the answer; or he may,
in three days after the expiration of the time for filing the
answer, demur to the same for insufficiency, stating in his
demurrer the grounds thereof; and the plaintiff may demur
to one or more of several counter-claims set up in the an-
swer, and reply to the residue. (b)
SEC. 16.-If the answer contain a statement of new mat-
ter constituting a counter-claim, and the plaintiff fail to reply
or demur thereto within the time prescribed by law, the de-
(a) Vide, Austin v. Feland, 8 Mo. Rep., 309.
(b) Vide, Magehan v. Orme & Speers, 7 Mo. Rep., 4; 8 Mo. Rep., 240.
NEW SYSTEM.
Vide, Beach & Eddy v. Curle, 15 Mo. Rep., 105.
What de-
fences and
counter
forth in an-
claims set
To be stated
separately.
Answer to be
joint, when;
what defences
separately
stated.
Plaintiff may
reply to a
counter-claim
or demur,
when and how.
Upon fail-
ure, defendant
to have judg-
ment, &c.
1234
PRACTICE IN CIVIL CASES.
Defendant
may demur to
reply.
Replies and
demurrers to
be governed,
by what rules.
When a
cause shall be
at issue and
for trial.
Petition, an-
swer and re-
ply, to be veri-
fied by affida-
vit; exception.
No such ve-
rification shall
be used as
CHAP. 128.
fendant shall have such judgment as he is entitled to upon
such statement; and, if the case require it, a writ of inquiry
of damages may be issued.
SEC. 17.—If a reply of the plaintiff to any counter-claim
set up by the answer of the defendant be insufficient, the de-
fendant, except as hereinafter provided, may, within three
days after the reply is filed, demur thereto, and shall state
the grounds thereof.
SEC. 18.—The reply shall be governed by the rules pre-
scribed in relation to answers, and demurrers to the answer
or reply shall be governed by those prescribed in relation to
demurrers to petitions, where they apply.
SEC. 19.-When a replication is filed, the cause shall be
deemed at issue, and stand for trial at the next term.
AFFIDAVITS.
SEC. 20.-The petition, answer and reply, must each be
verified by the affidavit of the party, his agent or attorney,
to the effect that he believes it, and the matters therein as
stated, to be true; but no verification shall be required to
the answer of a person appointed as guardian ad litem to
defend an infant or person of unsound mind. (a)
SEC. 21.-No pleading, verified as herein required, shall
be used in any criminal prosecution against the party, as
proof, when. proof of a fact admitted or alleged in such pleading, and
such verification shall not make any other or greater proof
necessary on the side of the opposite party.
Affidavitsde-
tled, valid.
SEC. 22.-It shall not be necessary to entitle an affidavit
fectively enti- in the action; but an affidavit made without a title, or with a
defective title, shall be as valid and effectual, for every pur-
pose, as if it were duly entitled, if it intelligibly refer to the
action or proceeding in which it is made.
Affidavits to
pleadings may
SEC. 23. — Affidavits, when required to verify a petition,
be taken be- answer or reply, may be taken before, and certified by, any
fore, and cer- officer authorized by law to administer oaths, the official
tified by, what
officers, and
how.
NEW SYSTEM.
(a) It is sufficient, if an answer is signed by a defendant at the bottom,
and the magistrate append his statement, that the defendant personally
appeared before him and made oath that the facts stated in the answer were
true. It is not necessary for the defendant to sign the certificate of the
magistrate, as an affidavit separate from the answer. Smith v. Benton, 15
Mo. Rep., 371.
PRACTICE IN CIVIL CASES.
1235
CHAP. 128.
character of such officer (if not of this State) being attested
by his seal of office, or by the seal of the State, Territory,
kingdom or empire, of which he is an officer, or the seal of
some court of record within the same, certifying that such
officer was authorized, by the laws of his country, to ad-
minister oaths, at the time the same was taken.
SUITS ON BONDS, BILLS AND NOTES.
SEC. 24. When the petition is founded solely upon a
bond, bill or note, for the direct payment of money or pro-
perty, and the defendant shall have been personally served
with process, he shall demur to or answer the petition on
or before the second day of the term at which he is bound to
appear, if the term shall so long continue; if not, then
within such time in the term as the court shall direct. (a)
SEC. 25. — Plaintiff shall demur or reply to the answer on
or before the fourth day of the term, if the term shall so
long continue; if not, then within such time in the term as
the court shall direct.
When the
defendant
shall demur or
answer, where
been personal
service, and
bond, bill or
there has
the suit is on a
note.
Plaintiff
shall demur or
reply to an-
swer, when.
Such suits
to be deter-
SEC. 26. — Suits, in cases founded upon such bonds, bills
and notes, shall be determined at the term at which the de- mined, when.
fendant is bound to appear, unless continued for good cause.
MISCELLANEOUS PROVISIONS.
SEC. 27. All motions shall be accompanied by a written
specification of the reasons upon which they are founded; and
no reason, not so specified, shall be urged in support of the
motion. (b)
SEC. 28.-Motions in a cause filed in term, shall be filed
at least one day before they may be argued or determined.
SEC. 29. —No allegation shall be made in a pleading which
the law does not require to be proved; and only the substan-
(a) Petition in debt may be maintained on any instrument for the direct
payment of money or property, even though the same instrument should
contain some immaterial collateral obligations. Casey v. Barcroft, 5 Mo.
Rep., 128.
Where there has been no personal service of the summons, the
defendant is entitled to a continuance, as a matter of course. Kinsey v.
Watson, 6 Mo. Rep., 209. Petition in debt cannot be maintained on a
bond given for the hire of slaves, and containing, besides a promise to pay
a certain sum of money at a certain time, a stipulation for clothing the
slaves, paying their taxes, and for returning them at the expiration of the
period for which they were hired. 6 Mo. Rep., 497. Vide, 7 Mo. Rep., 569.
(b) A motion is no part of the record until made such by a bill of ex-
ceptions. United States v. Gamble & Bates, 10 Mo. Rep., 457. Vide,
Chapman v. Spicer, 10 Mo. Rep., 689.
Motions
shall specify
reasons upon
which they
are founded.
To be filed,
when.
What alle-
gations shall
not be made
in a pleading.
1236
PRACTICE IN CIVIL CASES.
A frivolous
pleading to
CHAP. 128.
tive facts necessary to constitute the cause of action, or
defence, shall be stated.
SEC. 30.-A frivolous demurrer, answer or reply, may be
be stricken stricken out, on motion of the adverse party. (a)
out.
Matter ir-
dundant may
SEC. 31.— If irrelevant or redundant matter be inserted
relevant or re- in a pleading, it may be stricken out on motion of the adverse
be stricken party; and when the allegations or denials of a pleading are
out; court so indefinite or uncertain that the precise nature of the charge
may require
the pleading or denial is not apparent, and when they fail in any other
to be made de- respect to conform to the requirements of the law, the court
may require the pleading to be made definite and certain, and
otherwise to conform to the law, by amendment. (b)
finite and cer-
tain, when.
Duplicity, a
substantial
objection.
Court may
SEC. 32. Duplicity is a substantial objection to the peti-
tion or other pleading, and shall, on motion, be stricken out.
SEC. 33. — The court shall have power to tax against the
lars, as costs, party offending, for every violation of the rules of pleading,
as provided in the three last preceding sections, the sum of
five dollars, as costs, in favor of the adverse party.
tax five dol-
when.
A party
notrequired to
SEC. 34. No party shall be required to state evidence in
his pleading, or to disclose therein the means by which he
in his plead- intends to prove his case.
state evidence
ing.
Demurrers
SEC. 35.-Demurrers and motions shall be considered
and motions and determined without delay; and if sustained in whole or
without delay; in part, the adverse party shall pay costs; if overruled, the
party filing the pleading shall pay costs.
determined
costs, how
paid.
Courts may
SEC. 36. The courts, upon good cause shown, and for
extend time the furtherance of justice, may extend the time prescribed in
for filing any
pleading or this act for filing any pleading or motion, upon such terms
as shall be just.
motion.
NEW SYSTEM.
(a) A motion to strike out an answer, which does not set up any legal
defence to the action, is proper. Sapington v. Jeffries, 15 Mo. Rep., 628;
Niedelet v. Wales, 16 Mo. Rep., 214; Barley v. Cannon, 17 Mo. Rep., 595.
(6) The rule in striking out of a declaration that which is surplusage, is
that when the objectionable part is stricken out, if there be not enough
left, then it cannot be stricken out. Crocker v. Mann, 3 Mo. Rep., 331.
Vide, Little v. Mercer, 9 Mo. Rep., 216; Ferguson v. Paschall, 11 Mo.
Rep., 267.
NEW SYSTEM.
The Supreme Court cannot review the action of the inferior court, upon
a motion to strike out parts of an answer, when they are only referred to
in the record by line and page of the original. Robinson v. Rice, 20 Mo.
Rep., 229.
PRACTICE IN CIVIL CASES.
1237
CHAP. 128.
SEC. 37.- An answer or replication may allege facts
which have occurred since the institution of the suit. (a)
SEC. 38. Every petition or other pleading, and motion,
shall be signed by the party,'or his attorney and the clerk
shall endorse thereon the day upon which it shall be filed;
and, if filed in term, shall make an entry thereof upon the
minutes.
SEC. 39.— The name of the county may, in all cases, be
stated in the margin of a petition, and shall be taken to be
the venue intended by the plaintiff; and it shall not be ne-
cessary to state a venue in the body of the petition, or in
any subsequent pleading. (b)
SEC. 40. When a petition, answer or reply, shall be
adjudged insufficient, in whole or in part, upon demurrer, or
the whole or some part thereof stricken out, on motion, the
proper party may file a further like pleading, within such
time as the court shall direct; and, in default thereof, the
court shall proceed with the cause in the same manner as if
no such original pleading had been filed.
SEC. 41.If such second petition, answer or reply, be
filed, and in like manner be adjudged insufficient, or the whole
or some part thereof in like manner stricken out, the party
filing such second pleading shall pay double costs, and file a
like pleading instanter; or, in default thereof, the court shall
proceed with the cause in the same manner as if no second
pleading had been filed.
What facts
may be al-
leged.
Pleadings to
be signed;
duty of clerk.
Name of
county to be
stated in mar-
gin of peti-
tion, and to
be taken to be
the venue.
Pleading in-
sufficient, pro-
ceedings.
Second
pleading in-
sufficient, pro-
ceedings.
SEC. 42. If a third petition, answer or reply, be filed. Third plead-
ing insuffi-
and adjudged insufficient, as above, or the whole or some cient, pro-
part thereof be stricken out, the party filing such pleading
shall pay treble costs, and no further petition, answer or
reply, shall be filed, but judgment shall be rendered.
SEC. 43. — In all actions founded on contract, and in-
stituted against several defendants, the plaintiff shall not be
nonsuited by reason of his failure to prove that all the de-
fendants are parties to the contract, but may have judg-
ment against such of them as he shall prove to be parties
thereto.
(a) Vide, Cato v. Hutson, 7 Mo. Rep., 142; Wade & Orsborne v. Emerson
& Goldsberry, 17 Mo. Rep., 267.
(b) The venue laid in the margin, or in the commencement of the decla-
ration, draws to itself the trial of all transitory matters alleged in the sub-
sequent pleadings. Benton v. Brown, 1 Mo. Rep., 277.
ceedings.
Plaintiff in
actions
contract not
on
to be nonsuit-
ed for failing
to prove that
all the defend-
ants are par-
ties.
1238
PRACTICE IN CIVIL CASES.
Suit may be
dismissed, or
nonsuit taken,
before cause
is finally sub-
mitted.
What deem-
ed responsive
to the adverse
pleading.
Any fact or
title may be
ternatively.
Party not
CHAP. 128.
SEC. 44. The plaintiff shall be allowed to dismiss his
suit, or take a nonsuit, at any time before the same is finally
submitted to the jury, or to the court sitting as a jury, or to
the court. (a)
SEC. 45.- A pleading of any kind, or a motion to strike
out, shall be deemed responsive to the adverse pleading, or
so much thereof as the pleading or motion is intended to
apply to, until otherwise determined by the court; nor can
several pleadings be applied to the same part of a pleading
at the same time.
SEC. 46. Either party may allege any fact or title
alleged al- alternatively, declaring his belief of one alternative or the
other, and his ignorance whether it be the one or the other.
SEC. 47. When the pleading shall set up the statute of
limitations, or the statute of frauds, or any other legal bar,
the party shall not be deprived of the benefit of such de-
fence by reason of his not denying the facts set forth in the
adverse pleading.
deprived of
benefit of a
legal bar set
up in defence,
when.
What alle-
gations to be
deemed con-
troverted.
SEC. 48.—Every material allegation in the petition not
taken as true, specifically controverted in the answer, and every material
and what allegation in the answer of new matter, constituting a coun-
ter-claim, not specifically controverted in the reply, shall, for
the purposes of the action, be taken as true. But the alle-
gations in the answer not relating to a counter-claim, and all
the allegations in the reply, are to be deemed controverted by
the adverse party as upon a direct denial or avoidance, as
the case may require. (b)
(a) A judgment of nonsuit is a decision of the cause, and will answer the
condition of a bond depending on a verdict or decision. English v. Scott, 1
Mo. Rep., 350. When an appeal is taken from the judgment of a justice,
the plaintiff may, in the circuit court, dismiss his suit. The case then
stands as if no judgment had been rendered. Turner v. Northcut &
McCarty, 9 Mo. Rep., 249. A court has no power to instruct a jury to
find as in a case of nonsuit. Marshall v. Wolfe & Pascoe, 11 Mo. Rep.,
608. A judgment of nonsuit cannot be entered against a plaintiff without
his consent; (St. Louis Floating Dock Insurance Company v. Soulard, 8 Mo.
Rep., 665;) he has a right to have the verdict of a jury upon the issues of fact.
Wells v. Gaty, McCune & Glasby, 8 Mo. Rep., 681; Clark v. Steamboat
Mound City, 9 Ibid, 145; Martin & Wife v. Henley, 13 Mo. Rep., 312.
Vide, McDermott v. Doyle, 11 Mo. Rep., 443; Jeffries v. McLean, 12 Mo.
Rep., 538; Pearce v. Dansforth, 13 Mo. Rep., 360; Collier v. Swinney, 13
Mo. Rep., 477; Hensley & Wright v. Peck & Barnett, 13 Mo. Rep., 587.
NEW SYSTEM.
(b) It is the duty of the court to tell the jury what questions of fact are
to be tried, and what facts stand admitted by the pleadings. Butcher v.
Death & Teasdale, 15 Mo. Rep., 271; Steil v. Ackli, 15 Mo. Rep., 289. If
PRACTICE IN CIVIL CASES.
1239
СНАР. 128.
SEC. 49. In the construction of a pleading, for the pur- Pleadings to
be liberally
pose of determining its effect, its allegations shall be liberally construed.
construed, with a view to substantial justice between the
parties. (a)
SEC. 50.-It shall not be necessary for a party to set
forth in a pleading the items of an account therein alleged;
but if they be not set forth, he shall file with his pleading,
referring to it therein, a copy of the account, verified by affi-
davit, as herein required of petitions, which shall be deemed to
be part of the record, and shall be answered or replied to as
such; and if not set forth or filed, he shall be precluded from
giving evidence thereof. (b)
SEC. 51. Neither presumptions of law nor matters of
which judicial notice is taken need be stated in pleading.
Items of an
account need
not be stated
if not stated,
copy of ac-
in a pleading;
count, verifi-
ed by affidavit,
to be filed.
Presump-
tions of law,
&c., not plead.
Private
statutes, how
SEC. 52.-In pleading a private statute, or a right de-
rived therefrom, it shall be sufficient to refer to such statute pleaded.
by its title, and the day of its passage, and the court shall
thereupon take judicial notice thereof. (c)
Statutes,
public or pri-
vate, or spe-
thereof, how
cial matter
SEC. 53. It shall not be necessary, in any pleading, to
set forth any statute, public or private, or any special matter
thereof; but it shall be sufficient for the party to allege
therein that the act was done by the authority of such pleaded.
statute, or contrary to the provisions thereof, naming the
subject-matter of such statute, or referring thereto, in some
general terms, with convenient certainty. (d)
gene-
SEC. 54.-In pleading the performance of a condition
precedent in a contract, it shall not be necessary to state the
facts showing such performance, but it may be stated
rally that the party duly performed all the conditions on
his part; and in pleading a judgment or other determination
of a court or officer of special jurisdiction, it shall not be
a material averment, permitted to be inserted in a petition at the trial, by
way of amendment, is unanswered, it is to be taken as admitted. Robards
v. Munson, 20 Mo. Rep., 65.
(a) Vide, Bersch v. Dittrick, 19 Mo. Rep., 129.
NEW SYSTEM.
(b) A demurrer does not admit the items of an account set forth in a
petition, so as to do away with the necessity of proof. If judgment be
given on demurrer to such a petition, and the defendant refuse to answer,
an inquiry of damages becomes necessary. Darrah & Pomeroy v. Steam-
boat Lightfoot, 15 Mo. Rep., 187.
(c) Vide, Eckert v. Head, 1 Mo. Rep., 423.
(d) Books offered in evidence as the "printed statute books" of a sister
State, must purport "to be printed under the authority of such State." 8
Mo. Rep., 421.
X VOL. II.
Conditions
precedent,
and judg
-
ments, how
pleaded.
1240
PRACTICE IN CIVIL CASES.
1
Libel and
slander, how
to be stated in
the petition.
What may
be alleged in
such actions.
CHAP. 128.
necessary to state the facts conferring jurisdiction; but such
judgment or determination may be stated to have been duly
given or made. If such allegations be controverted, the
party pleading shall be bound to establish, on trial, the facts
showing such performance, or conferring such jurisdiction, as
the case may require.
SEC. 55. In an action for libel or slander, it shall not
be necessary to state in the petition any extrinsic facts, for the
purpose of showing the application to the plaintiff of the
defamatory matter out of which the cause of action arose,
but it shall be sufficient to state, generally, that the same was
published or spoken concerning the plaintiff; and if such alle-
gation be not controverted in the answer, it shall not be
necessary to prove it on the trial; in other cases it shall be
necessary. (a)
SEC. 56.In the actions mentioned in the last preceding
the answer of section, the defendant may, in his answer, allege both the
defendant in truth of the matter charged as defamatory, and any miti-
gating circumstances admissible in evidence, to reduce the
amount of damages; and, whether he prove the justification
or not, he may give in evidence the mitigating circumstances.
SEC. 57.- When an action shall be brought upon a bond
or upon a judgment, or when a scire facias is brought upon
a judgment, the defendant may plead payment of the
bond or judg- amount due upon such bond or judgment, in bar of such
Payment
may be plead
in bar of an
action upon a
ment.
Notice to be
given of the
filing of a
pleading inva-
cation.
An action or
defence may
action or writ.
SEC. 58. The party filing any replication, answer, or
amended or supplemental pleading, in vacation, shall give
written notice of the time of filing the same to the adverse
party, or his attorney; and until such notice is duly served,
such adverse party shall not be deemed to have had notice
thereof, for the purpose of pleading. (b)
SEC. 59.- An action or defence may be maintained on
be maintained any instrument of writing, notwithstanding it may be lost or
on an instru destroyed; and, in every such action or defence, such instru-
destroyed. ment shall not be required to be filed, but the party shall
ment, lost or
(a) Vide, Harris v. Moody, 9 Mo. Rep., 112.
NEW SYSTEM.
Stieber v. Wensel, 19 Mo. Rep., 513; (Hibler v. Servoss, 6 Mo. Rep., 24,
affirmed;) Dowd v. Winters, 20 Mo. Rep., 361.
(b) Vide, Cave & Morris v. Hall, 5 Mo. Rep., 59.
PRACTICE IN CIVIL CASES.
1241
CHAP. 128.
allege the loss or destruction, as an excuse for the want of
such filing.
Excuse for
want of filing
to be alleged.
Instrument
when.
SEC. 69.—When any petition, or other pleading, shall be
founded upon any instrument of writing charged to have been to be filed,
executed by the other party, or his testator or intestate, or
other person represented by such party, and not therein.
alleged to be lost or destroyed, the same shall be filed with
such petition or other pleading. (a)
SEC. 61.- Original deeds and other writings, relied on by
either party, and filed as exhibits, shall remain on file for the
inspection of the other party, until allowed by the court to
be withdrawn; and, in such case, copies tested by the clerk
shall be substituted by the party withdrawing the originals.
SEC. 62.-Any person in possession of real property,
claiming an estate of freehold, or an unexpired term of not
less than ten years, may file a petition in the circuit court,
setting forth his estate, whether of inheritance, for life or
years, and describing the premises, and averring that he is
credibly informed and believes that the defendant makes
some claim adverse to the estate of the petitioner, and pray-
ing that he may be summoned to show cause why he should
not bring an action to try the alleged title, (if any,) and
thereupon the court shall order notice to be given to the
defendant; and upon return of such order of notice duly exe-
cuted, if the defendant so summoned shall make default, or,
having appeared, shall disobey the lawful order of the court
to bring an action and try the title, the court shall enter a
judgment, that he be forever debarred and estopped from
having or claiming any right or title, adverse to the peti-
tioner, and those claiming by or through him, to the premises.
described.
SEC. 63.-If the defendant shall appear and disclaim all
right and title adverse to the petitioner, he shall recover his
costs; if he shall claim title, he shall, by answer, show cause
why he should not be required to bring an action and try
such title; and the court shall make such judgment or order
respecting the bringing and prosecuting of such action as
may seem equitable and just.
(a) Vide, McCormick v. Kenyon, 13 Mo. Rep., 131.
Exhibits to
remain on file
till withdrawn
by order of
court; copies
to be substi-
withdrawn.
tuted when
Proceedings
where a party
makes claim
to real pro-
perty in pos-
session of a
person claim-
ing an estate
of freehold
unexpired
term
therein, or an
of not
less than ten
Jears.
Mass. Code,
1851.
What judg-
ments and
orders may be
rendered up-
of defendant.
on appearance
Ibid.
1242
PRACTICE IN CIVIL CASES.
CHAP. 128.
Parties may
prosecute and
warrant of at-
SEC. 64.-Parties may prosecute and defend their own
defend, how; suits in proper person, or by attorney. It shall not be neces-
sary to file any warrant of attorney, to authorize any attor-
ney to appear in any court for either party to an action
brought therein, except in cases where it shall be specially
required by law.
torney not ne-
cessary, &c.
Procedure
where posses-
ty is claimed.
ARTICLE VII.
OF THE CLAIM AND DELIVERY OF PERSONAL PROPERTY.
1. Procedure, where possession of
personal property is claimed.
2. An order shall be made requir-
ing delivery of property to
plaintiff.
3. Sheriff shall not receive or take
such property till plaintiff
give bond; condition thereof.
4. Defendant may retain property
by giving bond; condition.
5. Qualifications of securities.
6. Defendant shall not be entitled
to retain property, when.
7. Bonds to be filed with clerk of!
court.
8. If bond be not sufficient, plain-
tiff to give new bond; pro-
ceedings upon his failure to
comply.
9. If bond of defendant be not
sufficient, like proceedings
may be had as in care of
plaintiff.
10. When such an order shall be
made, clerk shall deliver
same to sheriff.
11. If plaintiff have property in
possession, and fail in his
action, proceedings.
12. What judgment shall be ren-
dered.
If plaintiff have not the pro-
perty in possession, proceed-
ings.
Proceedings, where defendant
fails in his defence.
13.
14.
15.
Party not required to make
livered to the sheriff, and
party have notice.
16.
Duty of officer, if property be
not delivered.
17.
election, until property is de-
Right of property not impair-
ed, when; effect of an elec-
tion to take value of property.
18. Orders for delivery of property
may be enforced, how.
Remedy on bonds given in vir-
tue of this article.
19.
20.
Parties barred of right of ac-
tion against sheriff, when.
21. Reasonable charges to be al-
lowed officer.
22. Sheriff failing to return bond,
or returning an insufficient
one, liable for damages.
23. Execution may issue for the
delivery of personal property.
SECTION 1.—If the plaintiff claim in his petition the pos-
sion of per- session of specific personal property, he may, at the time of
sonal proper- filing his petition, or at any other time afterwards, before the
rendition of judgment in the cause, file his affidavit, or the
affidavit of some other person in his behalf, showing: First,
That the plaintiff is the owner of the property claimed, (suf-
ficiently describing it,) or is lawfully entitled to the possession
thereof; Second, That it is wrongfully detained by the de-
fendant; Third, The actual value thereof; Fourth, That
the same has not been seized under any process, execution or
attachment, against the property of the plaintiff; and, Fifth,
PRACTICE IN CIVIL CASES.
1243
CHAP. 128.
That plaintiff will be in danger of losing his said property,
unless it be taken out of the possession of the defendant, or
otherwise secured. (a)
An order
requiring de-
SEC. 2.-Upon filing such affidavit, the court, or judge
or clerk in vacation, shall make an order requiring the shall be made
defendant to deliver the property specified in the affidavit to livery of pro-
the sheriff, and requiring the sheriff, if the same be not deli-perty to plain-
vered to him, to take it from the defendant and deliver it to
the plaintiff.
SEC. 3. — The sheriff shall not receive or take such pro-
perty until the plaintiff shall deliver to him a bond, executed
by two or more sufficient securities, approved by the sheriff,
to the effect that they are bound to the defendant in double
the value of the property stated in the affidavit, for the pro-
secution of the action with effect and without delay, for the
return of the property to the defendant, if return thereof be
adjudged, and, in default of such delivery, for the payment of
the assessed value of such property, and for the payment of
all damages for the taking and detention thereof, and for all
costs which may accrue in the action.
SEC. 4.-Upon such bond being executed as aforesaid, the
sheriff shall receive the property, or, if the same be not
delivered, shall take the property and deliver it to the plain-
tiff, unless before such delivery to the plaintiff, the defendant
shall, with two or more sufficient securities, to be approved
by the sheriff, execute a bond to the plaintiff, to the effect that
they are bound in double the value of the property, as stated
in the affidavit of the plaintiff, for the delivery of said pro-
perty to the plaintiff, if such delivery be adjudged, and, in
default of such delivery, for the payment of the assessed value
of such property, and for the payment of all damages for
injuries to the property, and for the taking and detention, or
detention thereof, and all costs which may accrue in the
action.
SEC. 5. Each of the securities in such bonds must be a
resident and householder or freeholder, within the State;
NEW SYSTEM.
(a) Vide, Schaffer v. Faldwesch, 16 Mo. Rep., 337. A petition filed for
the recovery of personal property was not verified by affidavit. The plain-
tiff swore to the petition before a justice, who failed to annex his certifi-
cate. Held, the plaintiff might be permitted to verify the petition nunc pro
tunc. Bergesch v. Keevil, 19 Mo. Rep., 127.
tiff.
Sheriff shall
not receive or
perty, till
plaintiff give
bond; condi-
take such pro-
tion thereof.
Defendant
may retain
property by
giving bond;
the condition.
Qualifica-
tions of secu-
rities.
1244
PRACTICE IN CIVIL CASES.
Defendant
shall not be
entitled to re-
tain property,
when.
Bonds to be
filed with
CHAP. 128.
they must be worth the amount for which the bond is given,
exclusive of property exempt from execution, and after paying
all debts.
SEC. 6. If the plaintiff shall state in the affidavit made
by him, as provided by the first section of this article, that
the property was wrongfully taken, and that his right of ac-
tion accrued within one year, the defendant shall not be enti-
tled to retain such property by giving bond, as provided by
the fourth section of this article, but the same shall be deli-
vered to the plaintiff upon his giving the bond required.
SEC. 7. All bonds taken by the officer in virtue of this
clerk of the article shall be filed with the clerk, on or before the first day
of the term of court next after the same are taken.
court.
If bond be
not sufficient,
his failure to
comply.
SEC. 8. If the court should, at any time before trial, be
plaintiff to satisfied that the bond of the plaintiff shall not be good and
give new
Bond; pro- sufficient, an order shall be made that the plaintiff give a new
ceedings upon bond, with good and sufficient securities, within such time as
the court in such order shall direct; and, upon his failing to
comply with such order, the court shall make a further order
that the sheriff or other proper officer retake the property
and deliver it to the defendant, and that the plaintiff deliver
the same to the officer therefor, and that the cause be dis-
missed at the costs of the plaintiff and his securities in the
bond.
If bond of
defendant be
not sufficient,
of plaintiff.
SEC. 9. If the court should, in like time, be satisfied that
the bond of the defendant shall not be good and sufficient, a
like proceed like order shall be made that the defendant give a new bond,
ings may be
had as in case with good and sufficient securities, within such time as the
court in such order shall direct; and, upon his failing to com-
ply with such order, the court shall make a further order
that the proper officer retake the property and deliver it to
the plaintiff, and that the defendant deliver the same to the
officer therefor, and that the answer or other pleadings (if
any) of defendant be stricken out, and render such judg-
ment for the plaintiff as the court may, by law, render
against the defendant and his securities.
When such
an order shall
be made, clerk
shall deliver
same to the
sheriff.
SEC. 10. When any such order shall be made as pro-
vided for in the two last preceding sections, the clerk shall,
without delay, deliver to the proper officer an order for the
retaking and delivery of such property to the proper party,
and for the delivery thereof to him therefor, by the party
PRACTICE IN CIVIL CASES.
1245
CHAP. 128.
having it; which shall be directed and executed in like man-
ner as an order for the taking and delivery of property to
the plaintiff in the first instance, and shall be served on the
party having the property as other orders.
SEC. 11.-If the plaintiff fail to prosecute his action with
effect and without delay, and have the property in possession,
the court, or a jury, shall assess the value of the property
taken, and the damages for the taking and detention of the
same, from the time such property was taken from the de-
fendant until the trial. (a)
SEC. 12. — In such case, the judgment shall be against
the plaintiff and his securities, that he return the property
taken, or pay the value so assessed, at the election of the de-
fendant, and, also, pay the damages assessed for the taking
and detention of the property, and costs of suit.
SEC. 13. If the plaintiff have not the property in pos-
session, damages shall be assessed as directed in the last pre-
ceding section [eleven of this article,] for the taking or de-
tention, or both, (as the case may be,) of the property; and
judgment shall be rendered against the plaintiff and his se-
curities for the damages, (if any,) and for costs of suit.
If plaintiff
have property
in possession,
and tail in his
action, pro-
ceedings.
What judg-
ment shall be
rendered.
If the plain-
the property
in possession,
proceedings.
tiff have not
Proceedings
where defend-
ant fails in his
SEC. 14. If the defendant fail in his defence and have
the property in possession, the court or jury shall assess the
value of the property, and the damages for all injuries to the defence.
property, and for the taking and detention, or detention, of
the same; and the judgment shall be against the defendant
and his securities, that he return the property or pay the
value so assessed, at the election of the plaintiff, and, also,
pay the damages so assessed, and costs of suit. If the de-
fendant have not the property in possession, the court or jury
shall assess the damages, and the judgment shall be against
the defendant and his securities for the damages so assessed,
and costs of suit; and in all cases the property shall be pre-
sumed to be with the party who should have it, until the
contrary be shown.
SEC. 15.-A party shall not be required to make such
(a) If the plaintiff in an action of replevin take a nonsuit, the defendant
is entitled to the same judgment and damages as if he had recovered a ver-
dict against the plaintiff.mith v. Winston, 10 Mo. Rep., 299. Where the
plaintiff fails to prosecute his suit with effect, the assessment of damages is
imperative. Reed v. Wilson & Garner, 13 Mo. Rep., 28.
Party not
required to
makeclection,
until, &c.
1246
PRACTICE IN CIVIL CASES.
Duty of offi-
ty be not de-
livered.
CHAP. 128.
election until the property is delivered to the sheriff on the
proper process, and the party have notice thereof.
SEC. 16.—If such property be not delivered to the officer
cer, if proper within ten days after process issued, he shall levy and make
the assessed value thereof, the damages and costs, of the pro-
perty of the parties against whom the process issued.
Right of pro-
perty not im-
effect of an
election to
SEC. 17.- In such case, the party's right to the property
paired, when; shall not be impaired by levying the assessed value thereof
on the property of the other party and his securities, or either
take value of of them; but if the property be delivered to the sheriff, and
the party elect to take the value assessed, such election shall
operate to vest all his right to the property in the other
party.
property.
Orders for
delivery of
forced.
Remedy on
SEC. 18. The court may enforce all orders for the deli-
property en- very of property as other orders of court are enforced.
SEC. 19. — If, in any case, it shall become necessary to sue
upon any bond given in virtue of this article, the same may be
done by civil action against the obligers, jointly or severally,
in the name of the party to whom the bond was given.
bonds given in
virtue of this
article.
Parties bar-
SEC. 20. After the due execution of any bond taken in
red of right of
action against virtue of this article, the parties to the action shall be barred
sheriff, when. of any right of action against the sheriff, or other officer, for
the seizure and delivery of such property.
Reasonable
charges to be
SEC. 21. — The court shall allow the proper officer reason-
allowed offi- able charges for the taking and delivery of property, as pro-
vided by this article.
cer.
sufficient one,
Sheriff fail- SEC. 22. If the sheriff, or other officer, fail to take or
ing to return
bond, or re- return a bond, as required by this article, or if the bond taken
turning an in- is adjudged insufficient at the term next after the same was
taken, and be not made sufficient as herein before provided,
he and his securities shall be liable to the party injured, for
all damages by him sustained, to be recovered by civil action,
or by civil action on the officer's official bond.
liable for da-
mages.
Execution
may issue for
perty.
SEC. 23. An execution may issue for the delivery of per-
the delivery of sonal property, to the sheriff of the county where the pro-
personal property is situate, and shall require him to deliver possession of
the same (sufficiently describing it) to the party entitled
thereto; and shall, in all respects, be governed by the rules
governing executions in ordinary cases, so far as the same
may be applicable.
PRACTICE IN CIVIL CASES.
1247
СНАР. 128.
ARTICLE VIII.
INJUNCTIONS.
2 1. Injunctions may be granted, by
what courts and officers.
2. When granted by county court,
or officers in vacation, the
injunction to be returned to
circuit court.
3. What proof to be adduced, when
application is made to county
court, or two justices there-
of in vacation.
4. A temporary injunction may
be granted in certain cases.
5. Proceedings to stay suit or
judgment, where to be had;
summons, how directed and
served.
6. Notice of application to be
given, to whom.
7. How served, when adverse par-
ty is a non-resident.
8. What the notice shall contain;
service, how proved.
9. Extent of injunctions to stay
proceedings.
10. To operate as a release of er-
rors.
11. Bond to be given; condition of
the bond.
12. Bond, where filed; when it may
be entered into before clerk,
&c.
13. Damages to be awarded upon
dissolution.
15.
16.
14. Judgments, &c., how enforced.
Notice of application not re-
quired in certain cases.
Application overruled, certifi-
cate to be granted, &c.
To disobey injunction after ser-
vice, how punished; proceed-
ings thereon.
17.
18. After answer filed, motion for
dissolution always in order.
Proceedings.
19. Continuance of motion granted
on affidavit.
20. Testimony on such motion to
be taken as in other cases,
except, &c.
21. Proceedings in cases in which
no notice has been given, and
where the defendant may be
restrained.
22. Husband may be enjoined from
disposing of the property of
wife; manner of proceeding
speciñed, and where had.
23. Special proceedings allowed in
St Louis county, where the
relief prayed for would be
endangered unless immedi-
ately granted.
SECTION 1.—Injunctions may be granted by the circuit
court, or any judge thereof in vacation; or, in cases herein-
after particularly specified, by the county court, or any two
justices thereof in vacation. (a)
(a) Vide, Chouteau v. Douchouquette, 1 Mo. Rep., 513; Yantis v. Bur-
dett, 4 Mo. Rep., 4. The Constitution of the State does not give the Su-
preme Court, or any judge thereof, power to grant injunctions. Lane &
McCabe v. Charless, 5 Mo. Rep., 285. Vide, Welton & Edwards v. Martin,
7 Mo. Rep., 307; Powers & Ashley v. Waters, 8 Mo. Rep., 299; Matson v.
Field, 10 Mo. Rep., 100; Reed v. Vaughn, 10 Mo. Rep., 447. An injunc-
tion cannot, on the application of a defendant, issue from one court to en-
join an execution from another. Pettus v. Elgin, 11 Mo. Rep., 411. The
collection of the purchase-money of a tract of land will be restrained, if it
appear that there is a defect in the title, until the purchaser is indemnified
against loss, it appearing that the solvency of the vendor is doubtful. Jones
v. Stanton, 11 Mo. Rep., 433. Vide, McDonald v. Cook, 11 Mo. Rep., 632.
Where two justices of the county court grant a writ of injunction to stay
proceedings upon an execution in the hands of a constable, although it may
be the duty of the clerk of the circuit court to issue the writ, and not the
justices, yet if they do issue the writ, it (though informal) is sufficient au-
thority to the constable to stay all further proceedings upon the execution.
State, to use, &c., v. Ferguson, 13 Mo. Rep., 166. Vide, Patterson v. Brock,
14 Mo. Rep., 473; Price v. Johnson County, 15 Mo. Rep., 433; Barada v.
X 2-VOL. II.
Injunctions
may be grant
ed, by what
courts and of-
ficers.
1248
PRACTICE IN CIVIL CASES.
When grant-
ed by county
court, or offi-
cers in vaca-
tion, it shall
be returned to
circuit court.
What proof
to be ad luced
when applica
tion is made to
county court,
or two justices
thereof in va-
cation.
cases.
CHAP. 128.
SEC. 2.- When an injunction is granted by the county
court, or two justices thereof in vacation, or by a judge of
the circuit court in vacation, such injunction shall be returned
to, and may be enforced as an injunction of, the circuit court.
SEC. 3. When an application is made for an injunction
to a county court, or any two justices thereof, the applicant
shall produce satisfactory proof that there is not then any
circuit court in session, or any judge thereof within such
county; and if such proof is not produced, the application
shall not be entertained.
A temporary SEC. 4. When it shall appear by the petition that the
injunction
may be grant- plaintiff is entitled to the relief demanded, and such relief, or
ed in certain any part thereof, consists in restraining the commission or
continuance of some act of the defendant, the commission or
continuance of which during the litigation would produce
injury to the plaintiff, or when during the litigation it shall
appear that the defendant is doing, or threatens, or is about
to do, some act in relation to the plaintiff's rights respecting
the subject of the action, and tending to render the judg-
ment ineffectual, a temporary injunction may be granted to
restrain such act.
Proceedings
to stay suit or
judgment, to
be had, where;
summons, how
directed, &c.
Notice of ap-
plication to be
SEC. 5.-Proceedings on an injunction to stay a suit or
judgment shall be had in the county where the judgment
was rendered, or the suit is pending, and the summons may
be directed and served as summons in ordinary cases.
SEC. 6.- Before an injunction shall be granted to stay
given, to any proceedings, the applicant shall give reasonable notice,
in writing, to the adverse party, if within the State, or to
his known agent or attorney, if he has any in the State.
whom.
How served,
SEC. 7.-If he does not reside in the State, and has no
when adverse known agent or attorney therein, notice shall be put up ten
days before the application for the injunction, in the office of
party is a non-
resident.
Carondelet, 16 Mo. Rep., 323. The mere fact that one proprietor, in build-
ing a house, inserts his joists in the wall of an adjoining proprietor, without
license, will not authorize the interference of a court by injunction to re-
move the joists, although it is sufficient to entitle the party whose wall is
thus usel to recover damages. To obtain an injunction, he must show some
special facts which entitle him to this extraordinary remedy. Kaukin v.
Charless, 19 Mo. Rep., 490. An injunction does not lie to restrain a tres-
pass upon a franchise, unless the trespasser is insolvent, or the injury is
irreparable James v. Dixon, 20 Mo. Rep, 79. Vide, Page v. City of St.
Louis, Ibid, 136. It is no ground for enjoining a sale under execution, that
the plaintiff was dead when the execution issued. Tally v. Thompson, 20 ·
Mo. Rep., 277.
་
·
PRACTICE IN CIVIL CASES.
1249
CHAP. 128.
the clerk of the circuit court of the county where the pro-
ceedings were had.
What the no-
tice shall con-
SEC. 8.-The notice shall state the time and place of ap-
plying for the injunction, and shall be proved by the return tain; service,
of an officer, the evidence of a witness, or the acknowledg- how proved.
ment of the adverse party, his agent or attorney, endorsed
thereon.
to
SEC. 9. No injunction shall be granted to stay any Extent of in-
junctions
judgment or proceeding, except so much of the recovery stay proceed-
or cause of action as the plaintiff shall show himself equi-ings.
tably entitled to be relieved against, and so much as will
cover costs.
SEC. 10.- Every such injunction shall operate as a re-
lease of all errors in the proceedings that are prayed to be
enjoined.
To operate
as a release of
errors.
Bond to be
given; condi-
SEC. 11. —No injunction (unless on final hearing or judg-
ment) shall issue in any case until the plaintiff execute a tion of bond.
bond, with sufficient security, to the other party, in such sum
as the court or judge shall deem sufficient to secure the
amount or other matter to be enjoined, and all damages that
may be occasioned by such injunction, conditioned that the
plaintiff will abide the decision which shall be made thereon,
and pay all sums of money, damages and costs, that shall be
adjudged against him, if the injunction shall be dissolved.
SEC. 12. — Such bond shall be filed with the clerk of the
circuit court of the county to which the injunction is return-
able, and the bond may be entered into before said clerk, if
the court or judge granting the injunction shall first approve
of the security.
SEC. 13.-- Upon the dissolution of an injunction, in whole
or in part, damages shall be assessed by a jury, or, if neither
party require a jury, by the court; but if money, or any pro-
ceedings for the collection of any money or demand, shall
have been enjoined, the damages thereon shall not exceed
ten per centum on the amount released by the dissolution,
exclusive of legal interest and costs.
SEC. 14.- The court shall enter judgment against the
obligors in the bond, according to the circumstances of the
case, including the damages so assessed, and may award exe-
Bond, where
filed; when it
may be enter-
ed into before
clerk, &c.
Damages to
be awarded
upon dissolu-
tion.
Judgment,
&c., how en-
forced.
1250
PRACTICE IN CIVIL CASES.
Notice of ap-
plication not
required in
certain cases.
CHAP. 128.
cution thereon, or otherwise enforce such judgment, according
to the rules and practice of the court. (a)
SEC. 15. When an injunction to stay proceedings is
prayed in the same court where the proceedings were had, no
notice of the application shall be necessary unless prescribed
by rules of court.
Application SEC. 16. When any application for an injunction shall
overruled,
certificate to be overruled by a county court, or by any two justices there-
be granted, of, or by the judge of the circuit court, in vacation, such
county court, or justices, or judge, shall grant to the defend-
ant a certificate thereof, and neither shall afterwards grant
an injunction in such case.
&c.
To disobey
injunction af-
ter service,
how punished;
proceedings.
After an-
swer filed, mo-
tion for disso-
SEC. 17.- If any person disobey or violate an injunction
after it is served on him, the circuit court to which it is re-
turned, or any judge thereof in vacation, shall issue an at-
tachment against him for a contempt; and unless he shall
disprove or purge the contempt, if in vacation, the judge may
commit him to jail until the sitting of the court in which the
injunction is pending, or take bail for his appearance in said
court at the next term thereof, to answer for the contempt,
and abide the order of the court, and in the mean time to
observe and obey the injunction.
—
SEC 18. After the answer is filed, a motion may be made
at any time in term to dissolve the injunction; and, upon such
lution always motion, the parties may introduce testimony to support the
ceedings. petition and answer, and the court shall decide the motion
upon the weight of testimony, without being bound to take
the answer as true.
in order; pro-
Continuance
of motion
fidavit.
SEC. 19.If, after a motion for a dissolution of the in-
granted on af-junction is made, either party will satisfy the court by his
own affidavit, or that of any other person for him, that any
material specified part of the bill or answer to which he ob-
jects is untrue, that he has witnesses whose testimony he be-
(a) Vide, Home Mutual Insurance Company v. Bauman, 14 Mo. Rep., 74.
Where a sale of leasehold under a deed of trust was enjoined, and, pending
the injunction, the buildings burned down and the lease was declared for-
feited, so that the trust property would not have sold for enough to defray
the expenses of a sale, it was held, that, upon the dissolution of the injunc-
tion, the damages were properly assessed at the whole amount of the notes,
with interest, even though the makers of the notes were solvent. Kennedy
v. Hammond & Hall, 16 Mo. Rep., 341. Vide, Corder v. Martin, 17 Mo.
Rep., 41.
M
PRACTICE IN CIVIL CASES.
1251
CHAP. 128.
lieves he can procure at the next term, or other material tes-
timony, which will disprove the same, and that he has not
been able to procure such testimony by using due diligence,
the court may continue the motion until the next term.
SEC. 20. The testimony to be heard on such motion
shall be taken as in other cases, except the affidavits which
may have been filed with such petition or answer, which may
be read on the hearing of such motion; and depositions taken
to support or dissolve an injunction may be read on the final
trial or other proceedings in such cause.
SEC. 21.- When an application shall be made for an in-
junction, as herein before provided, and no notice of such
application is required by this article, and no notice is in fact
given, and the court, justices or judge, to which the applica-
tion is made, shall deem it proper that the defendant, or any
of several defendants, should be heard before granting the
injunction, such court, justices or judge, may, by an order,
require cause to be shown, at a specified time and place, why
the injunction should not be granted, and he may in the
mean time restrain the defendant, or make such other order
as the case may require.
Testimony
on such mo-
tion to be ta-
ken as in other
cases, except,
&c.
Proceedings
in cases in
which no no-
tice has been
given, and
where defend-
ant may be re-
strained.
Husband
may be enjoin-
posing of pro-
manner of
perty of wife;
proceeding
where had.
specified, and
Ohio Code,
1854.
SEC. 22. Any married woman may file her petition in
the circuit court, setting forth that her husband, from habitualed from dis-
intemperance, or any other cause, is about to squander and
waste the property, money, credits and choses in action, to
which she is entitled in her own right, or any part thereof,
or is proceeding fraudulently to convert the same, or any
part thereof, to his own use, for the purpose of placing the
same beyond her reach, and depriving her of the benefit
thereof; and the court, upon the hearing of the case, may
enjoin the husband from disposing of, or otherwise interfer-
ing with, such property, moneys, credits and choses in action,
and may appoint a receiver to control and manage the same,
for the benefit of the wife; and may, also, make such other
order in the premises as they may deem just and proper; and,
upon the filing of such petition, an injunction may be al-
lowed as in other cases, and such petition shall be filed in
the county where said petitioner resides, and the husband of
said petitioner shall be made a party defendant to said
petition.
SEC. 23. If the applicant for an injunction, in the
1252
PRACTICE IN CIVIL CASES.
when the re-
would be en-
CHAP. 128.
Special pro- county of St. Louis, except to stay legal proceedings, shall
ceedings al-
lowed in St. accompany his application with an affidavit, that he has good
Louis county, reason to believe, and does believe, that the relief he prays
lief prayed for for would be eminently endangered unless immediately
dangered, un- granted, his application shall be heard without notice and
less immedi- unreasonable delay. If the injunction be granted, the de-
ately granted.
fendant may, within five days after being enjoined, and upon
reasonable notice to the other party, be heard in opposition
to it by the court, judge or justice, granting it, or the court
to which it is returnable, or the judge thereof in vacation;
and, upon such hearing, the injunction may be dissolved.
Such hearing shall be governed by the same rules as a hear-
ing upon notice in other cases; and in said county the an-
Answer swer may be filed in the case at any time after granting the
filed, when;
proceedings. injunction, and thereupon shall be had the same proceedings
provided for in section eighteen of this article, in open court,
to which the writ was returnable, if term time, but before the
judge thereof, if in vacation, upon reasonable notice to the
opposite party.
ARTICLE IX.
OF AMENDING PLEADINGS AND PROCEEDINGS.
? 1. Variance, when deemed mate- |
rial; in such case, pleading to
be amended.
2. Variances not material, how pro-
vided for.
3. Before final judgment, any re-
cord, pleading, process, &c.,
may be amended.
4. New parties may be brought in,
how.
5. No error or defect to be regard-
ed, unless affecting the sub-
stantial rights of adverse
party.
6. After final judgment, any re-
cord, pleading, &c., may be
amended in affirmance of the
judgment.
7. When petition or answer may
be amended without costs,
&c.
8. When reply may be amended,
and how.
9. After demurrer allowed, party
may amend his pleading.
10. Supplemental petition, answer
or reply allowed.
11. Plaintiff may, on motion, strike
out any part of his petition.
12. What objections to this shall
not be valid.
13. One entire pleading, whether
original or supplemental, shall
embrace all matters neces-
sary to the determination of
the action or defence.
Last section, how construed.
Pleading amended, party allow-
ed time to answer or reply.
16. Variance in record, amended,
14.
15.
how.
17. Returns by officers or any court
may be amended, how and by
whom, as well before as aiter
judgment.
18. Imperfections or defects in
award of venire may be
amended or supplied.
19. Imperfections enumerated for
which certain judgments shall
not be stayed or reversed.
20. The omissions, defects, &c., in
preceding section may be
supplied or amended, when.
21. Process, pleading or record, not
to be amended without the
order of court.
22. To what actions, writs, &c.,
this article shall extend; shall
not extend to indictments, &c.
23. Duty of courts in construing
certain provisions of this act.
PRACTICE IN CIVIL CASES.
1253
CHAP. 128.
SECTION 1.- No variance between the allegation in the
pleading and the proof shall be deemed material, unless it
has actually misled the adverse party to his prejudice in
maintaining his action or defence upon the merits. When it
shall be alleged that a party has been so misled, that fact
shall be proved to the satisfaction of the court, by affidavit,
showing in what respect he has been misled, and thereupon
the court may order the pleading to be amended upon such
terms as shall be just. (a)
SEC. 2. When the variance between the allegation in the
pleading and the proof is not material, the court may direct
the facts to be found according to the evidence, or may order
an immediate amendment without costs.
SEC. 3.—The court may, at any time before final judg-
ment, in furtherance of justice, and on such terms as may be
proper, amend any record, pleading, process, entry, return,
or other proceedings, by adding or striking out the name of
any party, or by correcting a mistake in the name of a
party, or a mistake in any other respect, or by inserting
other allegations material to the case, or when the amendment
does not change substantially the claim or defence, by con-
forming the pleading or proceeding to the facts proved. (b)
SEC. 4. When a complete determination of the contro-
versy cannot be had without the presence of other parties,
the court may order them to be brought in by an amendment
of the petition, or by a supplemental petition, and a new
summons. (c)
(a) Vide, Long v. Overton & Pickett, 7 Mo. Rep., 567. Caldwell v. Me-
Kee, 8 Mo. Rep., 334 Glasscock Glasscock & Dodd, 8 Mo. Rep, 577.
Smith v. Willing, 10 Mo. Rep, 394. Treat v. Brush, 11 Mo. Rep., 310. Ful-
kerson v. State, to use of St. Charles County, 14 Mo. Rep., 19.
If a party,
asking leave to amend, decline, when required by the court, to state in
what particular he wishes to amend, leave to amend may be refused. Tay-
lor v. Blair, 14 Mo. Rep., 437.
Vide, Butcher v. Death &
Gutridge, 17 Mo. Rep., 469.
NEW SYSTEM.
Teasdale, 15 Mo. Rep., 271. Cummings v.
Recves v. Larkin, 19 Mo. Rep., 192.
(b) It is error in the circuit court to permit amendments to be made, ex-
cept on terms not prejudicial to the rights of the parties. See v. Bobst, 9
Mo. Rep., 28. Vide, (Jones v. Cox, 7 M». Rep., 173, affirmed,) Jarbee v.
Steamboat Daniel Hillman, 19 Mo. Rep., 141.
NEW SYSTEM.
(c) It is improper to dismiss a suit because all are not made parties who
should have been, the court having power to order others interested to be
made parties. Hayden v. Marmaduke, 19 Mo. Rep., 403.
Variance,
when deemed
material; in
such case,
pleading to be
amended.
Variances
not material,
how provided
for.
Before final
judgment, any
record, plead-
ing, process,
amended.
c., may be
New parties
brought in.
1254
PRACTICE IN CIVIL CASES.
7
No error or
defect to be
CHAP. 128.
SEC. 5. The court shall, in every stage of the action,
regarded, un- disregard any error or defect in the pleadings or proceed-
less affecting ings which shall not affect the substantial rights of the ad-
tial rights of verse party; and no judgment shall be reversed or affected
adverse party by reason of such error or defect.
the substan-
After final
judgment, any
record, plead-
ing, &c., may
be amended in
affirmance of
the judgment.
When peti-
tion, &c., may
court may,
SEC. 6. After final judgment rendered in any cause, the
in furtherance of justice, and on such terms as
may be just, amend, in affirmance of such judgment, any re-
cord, pleading, process, entries, returns, or other proceedings
in such cause, by adding or striking out the name of a party,
or by correcting a mistake in the name of a party, or a mis-
take in any other respect, or by rectifying defects or imper-
fections in matters of form; and such judgment shall not be
reversed or annulled therefor. (a)
SEC. 7.A petition or answer may be amended by the
be amended proper party, of course, without costs and without prejudice
without costs, to the proceeding already had, at any time before the an-
swer or reply thereto shall be filed. (b)
&c.
When the
reply may be
amended.
After demur-
rer allowed,
pleading.
SEC. 8. A reply may be amended, upon such terms as
may be just, at any time before the jury is sworn, or trial
submitted to the court.
SEC. 9.- If a demurrer be allowed for the cause that
party may several causes of action have been improperly united in the
amend his petition, or that several causes of defence have been impro-
perly united in the answer, or for any other cause of de-
murrer to any pleading, the court may, upon such terms as
may be just, allow the proper party to amend his pleading.
SEC. 10.- A party may be allowed, on motion, to make a
swer or reply, supplemental petition, answer, or reply, alleging facts ma-
terial to the case, or praying for any other or a different
relief, order, or judgment.
Supplement-
al petition, an-
allowed.
Plaintiff
may strike
out any part
of his petition.
SEC. 11.-The plaintiff, at any time before the jury is
sworn, or the trial submitted to the court, may, on motion,
(a) Vide, Ashby v. Glasgow, 7 Mo. Rep., 320. The court had the power,
at any time during the term, to correct the judgment. Bergen v. Bolten &
Colt, 10 Mo. Rep., 658. Au officer executing process may amend his re-
turn, by leave of court, after the expiration of his official return. Blais-
dell v. Steamboat Wm. Pope, 19 Mo. Rep., 157; Miles v. Davis & Taylor,
Ibid, 408.
(b) Vide, Collier v. Wheldon, 1 Mo. Rep., 5.
NEW SYSTEM.
Courts of original jurisdiction should be liberal in allowing amendments
in furtherance of justice. Dallam v. Bowman, 16 Mo. Rep., 225.
PRACTICE IN CIVIL CASES.
1255
СНАР. 128.
upon reasonable notice to the adverse party, strike out any
part of his petition.
SEC. 12. - Upon such motion, no objection shall be valid
that would not be valid after a finding of the issue for the
plaintiff.
SEC. 13.- In every petition, answer or reply, amendatory
or supplemental, the party shall set forth, in one entire plead
ing, all matters which, by the rules of pleading, may be set
forth in such pleading, and which may be necessary to the
proper determination of the action or defence. (a)
What objec-
tions to this
shall not be
valid.
One entire
pleading shall
embrace all
matters neces-
termination of
sary to the de-
the action or
defence.
Last section,
how
SEC. 14. The last section shall not be construed to re-
quire an amendatory or supplemental pleading to be made, strued.
where the amendment desired may be made by striking from
the pleading portions thereof, or by adding or striking out
the name of a party or dates, or adding an affidavit, or by
correcting the name of a party, or obvious errors.
SEC. 15.- If any amendment be made to any pleading,
the adverse party shall be allowed an opportunity, according
to the course and practice of the court, to answer or reply to
the pleading so amended. (b)
con-
Pleading
amended, par-
ty allowed
time to answer
or reply.
Variance in
record, how
SEC. 16.- Any variance in the record from any process,
pleading or proceeding, had in such cause, shall be amended amended.
and certified according to such original process, pleading or
proceeding.
SEC. 17.- All returns made by any sheriff, or other
officer, or by any court or subordinate tribunal, to any court,
may be amended in matters of form, by the court to which
such return shall be made, in their discretion, as well before
as after judgment. (c)
Returns by
officers or any
court may be
amended,
how, when and
by whom.
SEC. 18. Any imperfection or defect in the award of any Imperfec-
venire, or any omission to award such venire on the record,
may be amended or supplied by the court in which such
record is.
tions or de-
fects in award
of venire may
be amended
or supplied.
tion
Imperfec-
which certain
judgments
tions for
SEC. 19.— When a verdict shall have been rendered in any
cause, the judgment thereon shall not be stayed, nor shall
the judgment upon such verdict, or any judgment upon con-
fession, nihil dicit, or upon failure to answer, nor any judg-stayed or re-
(a) An amendment cannot be made by endorsing the alteration on the de-
Boisse v. Langham, 1 Mo. Rep., 407.
elaration.
(b) Vide, Neidenberger v. Campbell, 11 Mo. Rep., 359.
(c) Vide, Muldrow v. Bates, 5 Mo. Rep., 214.
Y VOL. II.
shall not be
versed.
1256
PRACTICE IN CIVIL CASES.
CHAP. 128.
ment upon a writ of inquiry of damages, executed thereon,
be reversed, impaired, or in any way affected, by reason of
the following imperfections, omissions, defects, matters or
things, or any of them, in the pleadings, process, proceedings
or record, namely: First, For want of any writ, original or
judicial; Second, For any default, or defect of process, or
for misconceiving any process, or awarding the same to a
wrong officer, or for the want of any suggestion for awarding
process, or for any insufficient suggestion; Third, For any
imperfect or insufficient return of any sheriff or other officer,
or that the name of such officer is not set to any return
actually made by him; Fourth, For any variance between
the original writ or petition, or either of them; Fifth, For
any mispleading, miscontinuance or discontinuance, insuffi-
cient pleading, jeofail or misjoining of issue; Sixth, For
want of any warrant of attorney by either party, except in
cases of judgment by confession, when such warrant is ex-
pressly required by law; Seventh, For any party under
twenty-one years of age, having appeared by attorney, if the
verdict or judgment be for him; Eighth, For the want of any
allegation or averment, on account of which omission a
demurrer could have been maintained; Ninth, For omitting
any allegation or averment, without proving which the
triers of the issue ought not to have given such a verdict;
Tenth, For any mistake in the name of any party or person,
or in any sum of money, or in any description of any pro-
perty, or in reciting or stating any day, month or year, when
the correct name, term, sum or description, shall have been
once rightly alleged, in any of the pleadings or proceedings;
Eleventh, For a mistake in the name of any juror or officer;
Twelfth, For the want of any venue if the cause was tried
in the proper county; Thirteenth, For any informality in
entering a judgment, or making up the record thereof, or in
any continuance or other entry upon the record; Fourteenth,
For any other default or negligence of any clerk or officer
of the court, or of the parties, or of their attorneys, by which
neither party shall have been prejudiced. (a)
(a) Mistakes and misprisions of the clerk may be amended at any time.
Hanly v. Dawes, 1 Mo. Rep., 15. A judgment may, as to matters of form,
be amended at any term. Hickman v. Barnes, 1 Mo. Rep., 110. Vide,
Mullanphy v. Phillipson, 1 Mo. Rep., 133; McKnight v. Wilkins, 1 Mo.
PRACTICE IN CIVIL CASES.
1257
CHAP. 128.
The omis-
sions, defects,
&c., in pre-
ceding sec-
tion, may be
supplied
SEC. 20. The omissions, imperfections, defects and vari-
ances, in the preceding section enumerated, and all others of
a like nature, not being against the right and justice of the
matter of the suit, and not altering the issue between the
parties on the trial, shall be supplied and amended by the or amended,
court where the judgment shall be given, or by the court
into which such judgment shall be removed by writ of error
or appeal.
when.
Process,
pleading or
the record, not to
SEC. 21.- No process, pleading or record, shall be
amended or impaired by the clerk or other officer of
court, or by any person, without the order of such court, or
of some court of competent authority.
SEC. 22. The provisions of this article shall extend to
all actions and to all suits for the recovery of any debt due
to this State, or for any debt, duty or revenue, belonging to
this State; and, also, to all actions for penalties, to all writs
of mandamus and prohibition, to informations in the nature
of a quo warranto, to writs of scire facias, and to the pro-
ceedings thereon; but shall not extend to indictments or
information for any criminal matter, or to the proceedings
thereon.
SEC. 23.-It shall be the duty of the courts to so con-
strue the provisions of this act, relating to pleading and
amending the same, and to so adapt the practice thereunder,
as to discourage, as far as possible, negligence and deceit, to
prevent delay, to secure parties from being misled, to place
the party not in fault as nearly as possible in the same con-
dition he would have been in if no mistake had been made,
to distinguish between form and substance, and to afford
known, fixed and certain requisitions, in place of the discre-
tion of the court or the judge thereof.
Rep., 220; Atwood v. Gillespie, 4 Mo. Rep., 423. The statute of jeofails
does not apply to judgments by default. Neidenberger v. Campbell, 11 Mo.
Rep., 359.
be amended
without the
order of court.
To what ac-
tions, writs,
&c., this ar-
ticle shall ex-
tend; shall
not extend to
indictments,
&c.
Duty of
courts in con-
struing cer-
tain provi-
sions of this
act.
1258
PRACTICE IN CIVIL CASES.
CHAP. 128.
ARTICLE X.
OF ISSUES, CONTINUANCES, TRIALS, AND THEIR INCIDENTS.
3 1. Issues, definition of; and kinds.
25.
Court may award new trial,
2. Cases in which issues of law
when.
arise.
26.
Jury to assess damages, and
3. Cases in which issues of fact
arise.
when.
27.
Bills of exception, how taken.
28.
May be filed, when; what
they shall embrace.
29.
Court refusing to sign, to cer-
tify cause of refusal.
30.
May be signed by three by-
standers, if judge refuse.
31.
Bills of exception shall form
32.
4. Issues of law and fact may
arise upon different parts of
a pleading; the former to be
first determined, unless, &c.
5. Causes to be continued at first
term; to be determined at
second term.
6. Court may continue causes,
when and upon what terms.
7. Application for continuance to
be accompanied by affidavit.
8. On second application, affida-
vit must state the facts, &c.
9. If affiant refuse to set forth
facts, or opposite party to
admit them, no continuance
allowed.
10. Continuance in case of amend-
ment.
11. Trial, definition of.
12. When issues of fact must be
tried by a jury.
13. Other issues to be tried by the
court; opinion of a jury may
be taken, when, or reference
may be ordered.
14. Trial by jury waived by parties
upon failure to appear, or by
consent, orally or in writing.
15. Separate trials of several
causes of action united in
same petition allowed, when;
costs, how adjudged; judg-
ment on each finding.
16. Either party may bring issue
to trial.
17. Any issue referable by con-
sent.
18. Court may direct a reference,
when and in what cases.
19. Parties, except, &c., may
agree on referees; if they do
not agree, court may appoint.
20. Verdicts, general or special,
definition of.
21. General verdict to be render-
ed, when.
22. Court may direct issues to be
tried by jury, when.
23. No issue, except as directed
by court.
24. Trial of such issues to be by
jury, &c.
a part of the record.
If court refuse to permit bill
signed by bystanders to be
filed, affidavits to be taken.
33. Affidavits to be deposited with
the clerk.
34. Court, on appeal or writ of
error, to admit as part of the
record the bill of exceptions,
thus taken.
35. Truth of such bill to be tried
by the affidavits required by
this act.
36. Power of courts to compel the
production of books, papers
and documents.
37. Proceedings to entitle a party
to an order for such produc-
tion.
38. For what reasons, such order
may be vacated.
39. Party neglecting to obey such
order may be nonsuited, his
plea and notice of set-off be
stricken out, and barred of
his defence relating to such
books, papers, &c.
Inspection and copy of a pa-
40.
per, how obtained.
41.
Either party may be required
to admit a paper to be genu-
ine, or pay the expense of
proving it.
42. Where a party is permitted to
prove loss of instrument, by
his own oath, &c., adverse
party may be examined.
43. If negotiable note or bill of
exchange be lost, parol or
other evidence of the con-
tents thereof may be given,
and party may recover.
44. Bond to be given to entitle party
to such recovery; condition.
45. Instrument of writing received
in evidence, unless, &c.
PRACTICE IN CIVIL CASES.
1259
CHAP. 128.
46. Last section not to apply to 52. Defendant may offer to liqui-
persons acting in a fiduciary
character.
47. Written instructions may be
given on points of law arising
in a cause.
48. No plaintiff shall suffer a non-
suit or dismissal after sub-
mission to the court or jury.
49. Suits. when to be consolidated.
50. Several suits for causes of ac-
tion that may be joined; costs
in such case, how paid.
51. Defendant may serve on plain-
tiff an offer to compromise,
and the proceedings thereon.
53.
date damages, couditionally;
effect of an acceptance or
refusal.
Court may appoint a receiver;
his duties.
54. He shall give bond, have the
powers, and be subject to
same laws, as a receiver in
attachment causes.
55. His compensation.
56. Depositions taken in foreign
countries to be taken in the
language of the witness. An
English translation of same
must be filed for information.
ISSUES.
and con-
nition of; and
kinds.
SECTION 1.— Issues arise upon the pleadings, when a fact Issues, defi-
or conclusion of law is maintained by the one party
troverted by the other. They are of two kinds: First, Of
law; and, Second, Of fact.
Cases in
which issues
SEC. 2. An issue of law arises: First, Upon a demurrer
to the petition, answer or reply, or to some part thereof; or, of law arise.
Second, Upon an allegation of fact in a pleading by the one
party, the truth of which is not controverted by the other.
Cases in
which issues
SEC. 3.— An issue of fact arises: First, Upon a material
allegation in the petition controverted by the answer; or, of fact arise.
Second, Upon new matter in the answer controverted by the
reply; or, Third, Upon new matter in the reply, except an
issue of law is joined thereon.
SEC. 4.Issues, both of law and of fact, may arise upon
different parts of the pleadings in the same action. In such
cases the issues of law must be first tried, unless the court
otherwise direct. (a)
CONTINUANCES.
SEC. 5.-Every suit that shall not be otherwise disposed
of according to law, shall be continued at the term at which
the defendant is bound to appear, until the next term there-
after, and at such second term every such suit shall be
determined.
SEC. 6. Every court of record in which any suit is pend-
ing may, at any term, for good cause shown, continue such
(a) Vide, Manifee v. D'Lashmutt, 1 Mo. Rep., 184; Ellis v Loumier,
Ibid, 185 It is error to omit finding on any of the issues joined. Jones v.
Snedecor, 3 Mo. Rep., 275,
Issues of
law and fact;
mined, how.
to be deter-
Causes to
be continued
at first term;
to be deter-
cond term.
mined at se-
Court may
continue
causes, when
and upon what
terms.
1260
PRACTICE IN CIVIL CASES.
Application
for continu-
ance to be ac·
affidavit.
СНАР. 128.
suit until the next term, or any subsequent term; and every
continuance granted upon the application of either party
shall be at the cost of such party, unless otherwise ordered.
by the court. (a)
SEC. 7.-Every application by a party for the continu-
ance of a cause shall be accompanied by his affidavit, or the
companied by affidavit of some other credible person, setting forth the facts
upon which the application is founded, unless the adverse
party consent that it may be made orally, on oath, in open
court. (b)
On second
application,
affidavit must
SEC. 8. Whenever either party to an action shall make
a second application for a continuance thereof, on account of
state the facts, the absence of a material witness, the affidavit shall set forth
the name of the witness, and the facts he is expected to
prove, if the court require it.
&c.
If affiant
refuse to set
forth facts, or
SEC. 9.-If the affiant shall fail or refuse to set forth such
facts when thereto required, or if the opposite party shall
opposite party admit the truth of the facts when disclosed, and agree that
admit them,
no continu- they be received in evidence, the court shall refuse to con-
ance allowed. tinue the cause.
Continuance
in case of
amendment.
SEC. 10. When a party shall amend any pleading or
proceeding, and the court shall be satisfied, by affidavits or
otherwise, that the opposite party could not be ready for trial
in consequence thereof, a continuance may be granted to some
day in the same term, or to another term of the court. (c)
(a) Vide, English v. Mullanphy, 1 Mo. Rep, 560. The filing of a coun-
ter affidavit, in an application for a continuance, is a matter of practice, to
be regulated by the court. Riggs v. Fenton, 3 Mo. Rep., 21. Vide, Scogin
v Hudspeth, 3 Mo. Rep., 90. It is error to refuse a continuance, where
the party uses due diligence to procure testimony, and fails. McLane v.
Harris, Mo. Rep., 501; Porter v. McCullough, 6 Mo. Rep., 444 It is
not a sufficient ground for a continuance, that the witness summoned to
prove a particular fact was not in attendance, unless it appear from the
affidavit that the fact could not be proved by any other person whose at-
tendance could have been procured. Freleigh v. State, 8 Mo. Rep., 606.
WE n replications are filed at a subsequent term of the court, although
without objection, the defendant is entitled to a continuance. Bunding &
Engel v. Blumenthous, 8 Mo. Rep., 695. Vide, Baskerville v. Childs, 8 Mo.
Rep, 703.
A witness residing eighteen miles from the place of trial was
summoned on the eleventh. The cause was set for trial on the thirteenth,
but not tried until the fifteenth. Held, that this was due diligence. Darne
v. Broadwater, 9 Mo. Rep, 18. Vide. Harper v Baker, 9 Mo. Rep., 115;
Green v. State, 13 Mo. Rep., 382; Marsh v. Morse, 18 Mo. Rep., 477.
(b) If the testimony disclosed in the affidavit could not avail the appli-
cant, the court will exercise its discretion soundly in refusing the continu-
Riggs v. Fenton, 3 Mo. Rep., 21.
ance.
(c) Risher v. Thomas, 1 Mo. Rep., 529; Dempsey v. Harrison & Glas-
gow, 4 Mo. Rep., 267; Jones v. Talbot, 4 Mo. Rep., 279; Jones v. Cox, 7
PRACTICE IN CIVIL CASES.
1261
CHAP. 128.
TRIAL BY THE COURT, OR JURY.
Trial, defi-
SEC. 11.-A trial is the judicial examination of the issues
between the parties, whether they be issues of law or of nition of.
fact. (a)
SEC. 12. An issue of fact in an action for the recovery
of money only, or of specific real or personal property, must
be tried by a jury, unless a jury trial be waived, or a refer-
ence ordered, as hereinafter provided. (b)
When issues
of fact must be
tried by a ju-
ry.
Other issues
SEC. 13.-Every other issue must be tried by the court,
to be tried by
which, however, may take the opinion of a jury upon any the court;
specific question of fact involved therein, by an issue made opinion of a
jury may be
up therein for that purpose, or may refer it, as hereinafter
taken, &c.
provided.
SEC. 14.-Parties to an issue of fact shall be deemed to
have waived a trial by jury in the following cases: First, By
failing to appear at the trial; Second, By written consent,
in person, or by attorney, filed with the clerk; Third, By
oral consent in court, entered on the minutes.
Mo. Rep., 173. Where the plaintiff amends his declaration in substance,
the defendant will be entitled to a continuance. Tunstall v. Hamilton, 8
Mo. Rep., 500.
(a) A case where a party was allowed to introduce evidence after he had
closed his case. Owen v. O'Reilly, 20 Mo. Rep, 603. The right of counsel
to commence or conclude an argument to a jury, depends on the practice
and discretion of the circuit courts. Wade v. Scott, 7 Mo. Rep., 509. If
there is any evidence given, from which the jury might infer a particular
fact, its sufficiency to establish such fact must be determined by the jury.
State v. Woods, 7 Mo. Rep., 536. A party who is liable to be called on as
a witness by his adversary, in a justice's court, is equally liable in the cir-
cuit court on an appeal. Grigg & Finch v. Bodrio, 9 Mo. Rep., 222. Where
there are more than one plaintiff or defendant to a suit originating in a
justice's court, and the testimony of such party is desired, all should be re-
quired to testify. The testimony of those required to testify, (or, in the
event of their refusal, then the testimony of the opposite party,) can only
be used against such as are called upon to testify, and is no evidence against
the others. Ibid Circuit courts have a discretion in the admission of evi-
dence, after a case has been once closed, and the Supreme Court will not
interfere with the exercise of it, except when used oppressively. Peace
v. Dansforth, 13 Mo. Rep., 360. Vide, Haile v Hill, 13 Mo. Rep., 612.
Vide, Atchison v. Steamboat Dr. Franklin, 14 Mo Rep., 63; Carroll v.
Paul, 19 Mo. Rep., 102; Munford v. Wilson, Ibid, 669. Where a record is
proper evidence of a fact, it will be admitted, and the opposite party is left
to his motion, to exclude irrelevant matter in the record from the considera-
tion of the jury. Soulard v. Clark, 19 Mo. Rep., 570. A party objecting
to the admission of a record in evidence must specify his objections. State
v. Gates, 20 Mo. Rep., 400.
(b) When a cause is submitted to the court without a jury, the safer
course is for the court to declare, (as a court,) in the first place, what the
law of the case is deemed to be; and, secondly. (as a jury,) to find the
issue of fact accordingly. Piercifield v. Snyder, 14 Mo. Rep. 583.
Trial by ju-
ry waived by
parties upon
failure to ap-
consent, orally
or in writing.
pear, or by
1262
PRACTICE IN CIVIL CASES.
Separate
trials of seve-
when;
CHAP. 128.
SEC. 15. — Where there are several causes of action united
ral causes of in a petition, or where there are several issues, and the court
action united shall be of opinion that all or any of them should be tried
in same peti-
tion allowed, separately by the court or jury, it may, on the application of
costs. either party, direct separate trials, which may be had at the
same or at different terms of the court, as circumstances may
require. In all cases where there are separate causes of ac-
tion united as aforesaid, the court shall award separate costs
against the unsuccessful party, unless for good cause it shall
otherwise order. The judgment upon such [each] separate
finding shall await the trial of all the issues. (a)
how adjudged;
judgment on
each separate
finding.
Either par-
ty may bring
issue to trial.
Any issue
referable by
Court may
direct a refer-
cases.
SEC. 16. When the action is called for trial, either party
may proceed to try the issues, and, in the absence of the ad-
verse [party,] unless the court for good cause otherwise.
direct, may proceed with his case, and take a dismissal of the
suit, or a verdict, or judgment, as the case may require.
TRIAL BY REFEREES.
SEC. 17. All or any of the issues of fact in the action
consent. may be referred upon the written consent of the parties.
SEC. 18.Where the parties do not so consent, the court
ence, when, may, upon the application of either, or of its own motion,
and in what direct a reference in the following cases: First, Where the
trial of an issue of fact shall require the examination of a
long account on either side, in which case the referees may
be directed to hear and decide the whole, issue, or to report
upon any specific question of fact involved therein; or,
Second, Where the taking of an account shall be necessary
for the information of the court, before judgment, or for
carrying a judgment or order into effect; or, Third, Where
a question of fact other than upon the pleadings shall arise,
upon motion or otherwise, in any stage of the action.
Parties, ex-
cept, &c., may
agree on re-
ferees; if they
do not agree,
SEC. 19. In all cases of reference, the parties, except
when an infant may be a party, may agree upon a suitable
person or persons, not exceeding three; and, upon filing such
court may ap- agreement, the reference shall be ordered accordingly.
point.
If
NEW SYSTEM.
A
(a) Where several causes of action are joined in one petition, there
should be a separate assessment of damages or verdict in each cause.
general verdict for the plaintiff, it seems, will not stand, if one of the causes
of action is insufficient to support a judgment. Mooney v. Kennett, 19
Mo. Rep., 551.
PRACTICE IN CIVIL CASES.
1263
СНАР. 128.
the parties do not agree, the court shall appoint one or more
referees, not exceeding three, who shall be free from all ex-
ception.
cial.
VERDICTS.
SEC. 20.—The verdict of a jury is either general or spe-
A general verdict is that by which they pronounce
generally upon all or any of the issues, either in favor of the
plaintiff or defendant. A special verdict is that by which
the jury finds the facts only, leaving the judgment to the
court. (a)
Verdicts,
general or
special, defi-
nition of.
General ver-
dict to be ren-
SEC. 21.- In every issue for the recovery of money only,
or specific, real or personal property, the jury shall render a dered, when.
general verdict.
SEC. 22. In all other cases, if, at any time during the
progress of any cause, it shall, in the opinion of the court,
become necessary to determine any fact in controversy by
the verdict of a jury, the court may direct an issue, or issues,
to be made. (b)
SEC. 23. — No issue shall be made, except such as shall
be directed by the court.
Court may
direct issues
to be tried by
jury, when.
No issue,
except as di-
rected.
Trial of such
issues to be
SEC. 24. The trial of such issues shall be by jury, and
the issues shall be disposed of by a general or special verdict, by jury, &c.
before a final judgment shall be made therein.
SEC. 25. The court may award a new trial of any issue,
upon good cause shown; but not more than one new trial of
the same issue shall be granted to any one party.
Court may
award
trial, when.
new
Jury to as-
and when.
SEC. 26. — When a verdict shall be found for the plaintiff
in an action for the recovery of money only, the jury shall, sess damages,
also, assess the amount of the recovery; so, also, if they
find for the defendant in case of offsets, or other demand for
money.
(a) Upon the return of the jury with their verdict, either party has the
right to cause the jury to be polled. Hubble v. Patterson, 1 Mo. Rep.,
276. Vide, Brant . Higgins, 10 Mo. Rep., 728. If there is any evidence
tending to prove a fact, its sufficiency should be determined by a jury.
Magoon v. Whiting, 1 Mo. Rep., 438; Lane v. Kingsberry, 11 Mo. Rep.,
402; Hicks v. Chouteau, 12 Mo. Rep., 341; Robbins v. Alton Marine
Fire Insurance Company, Ibid, 380; Chouteau & Vallé v. Steamboat St.
Anthony, Ibid, 389. Where the plaintiff obtains a verdict for too large an
amount, it is proper to allow him to enter a remittitur for the excess, to
avoid a new trial. Hoyt v. Reed, 16 Mo. Rep., 294.
(b) The finding of the jury on such issues is conclusive on the chancel-
lor, unless such finding be set aside by the court. Cochran v. Moss, 10
Mo. Rep., 416.
Y 2 — VOL. II.
1264
PRACTICE IN CIVIL CASES.
CHAP. 128.
Bills of ex-
ception, how
taken.
May be filed,
when; what
they shall em-
brace.
EXCEPTIONS.
SEC. 27.-Whenever, in the progress of any trial, in any
civil suit, depending in any court of record, either party
shall except to the opinion of the court, and shall write his
exception, and pray the court to allow and sign the same, the
person composing the court shall, if such bill be true, sign
the same. (a)
SEC. 28. Such exception may be written and filed at the
time, or during the term of the court at which it is taken,
and not after. All exceptions taken during the trial of a
to.
(a) Where the court gives an opinion on a point not presented by an issue
of law, it must be saved by bill of exceptions; and a motion to strike
out, or to enter a nolle prosequi, is no part of the record, unless excepted
Butcher v. Keil, 1 Mo. Rep., 187; Morgan v. Taggart, Ibid, 285. The
bill of exceptions must exclude the conclusion that other evidence than
that rehearsed was given. Vaughn v. Montgomery, 5 Mo. Rep., 529. Al-
though it is not stated in the bill of exceptions that no other evidence than
that recited was given, &c., yet, if it can be clearly inferred from the pro-
ceedings that no other evidence was given, it is sufficient. Gamble v.
Hamilton, 7 Mo. Rep., 469. Vide, Randolph v. Alsey, 8 Mo. Rep., 656;
Platte County v. Marshall, 10 Mo. Rep., 345. A motion is no part of a re-
cord, unless made such by bill of exceptions. United States v. Gamble &
Bates, 10 Mo. Rep., 457. It will not avail a party merely to object to the
decision of the court. He must except, also, and the exception must appear
on the record. Shelton v. Ford, 7 Mo. Rep., 209; Floersh v. Bank of Mis-
souri, 10 Mo. Rep., 515. A bill of exceptions concluding thus, "to which
several decisions of the court the defendant excepted at the moment,"
shows that the exceptions were properly taken. Steamboat Raritan v. Smith,
10 Mo. Rep., 527. It is not necessary in a bill of exceptions to set out all
the evidence, except where the verdict is alleged to be against evidence. If
the rejection of evidence, or rejection of instructions, be complained of,
it is sufficient to show the evidence offered, and that the evidence properly
raised the question in the instruction. Barge Resort v. Brooke, 10 Mo.
Rep., 531. It is only necessary to set out so much of the evidence as con-
duces to establish a fact upon which a question of law arises, except where
the verdict is alleged to be against evidence. Barge Resort v. Brooke, 10
Mo. Rep., 531; Wallace v. Boston, Ibid, 660. Vide, State, to use, &c., v.
Fulkerson, 10 Mo. Rep., 681; Lane v. Kingsberry, 11 Mo. Rep, 402.
Where the cause is tried by the court sitting as a jury, and no exceptions are
taken until after a verdict is rendered, the judgment will not be reversed.
Fugate & Kelly v. Muir, 9 Mo. Rep., 351; Mattingly v. Morauville, 11 Mo.
Rep., 604. In making up a bill of exceptions, the court may recall and in-
terrogate a witness as to what he swore at the trial; and in such case nei-
ther party has a right to examine him. Whitmore & Pegram v. Coats, 14
Mo. Rep., 9. The Supreme Court will not consider instructions not incor-
porated in the bill of exceptions, (McLain v. Winchester, 17 Mo. Rep., 49,)
nor notice a bill of exceptions not signed. Darrah & Pomeroy v. Steam-
boat Lightfoot, 17 Mo. Rep., 276. Vide, Foster v. McO'Blenis, 18 Mo.
Rep., 88; Young v. White, Ibid, 93. Unless the bill of exceptions con-
tain the evidence, an instruction based on such evidence will be presumed
to be correct. Bellissime v. M'Coy, 1 Mo. Rep, 227; Samuel v. Withers
& Bristow, 9 Mo. Rep., 163; Laurent v. Mulliken, 10 Mo. Rep., 495; Frazer
Bill of ex-
v. Yeatman, Ibid, 501; Walter v. Cathcart, 18 Mo. Rep., 256.
ceptions stricken out, because not filed at the term at which the trial took
place, no reason for the delay appearing on the record. Ruble v. Thomas-
son, 20 Mo. Rep., 263.
PRACTICE IN CIVIL CASES.
1265
CHAP. 128.
cause or issue before the same jury, shall be embraced in the
same bill of exceptions. (a)
Court refus-
SEC. 29.-If the judge refuse to sign such bill, on the
account that it is untrue, he shall certify thereon, under his ing to sign to
hand, the cause of such refusal.
SEC. 30.—If the judge refuse to sign any bill of excep-
tions, such bill may be signed by three bystanders, who are
respectable inhabitants of the State, and the court shall per-
mit every such bill (if the same be true) to be filed in court.
SEC. 31. — Every bill signed by the judge or by the by-
standers, and filed in court, shall form a part of the record
of the cause in which it is filed. (6)
SEC. 32. When the judge shall refuse to permit any
bill of exceptions, signed by the bystanders, to be filed, and
shall have certified that it is untrue, either party in the suit
may
take affidavits, not exceeding five in number, in relation
to its truth.
SEC. 33.- Such affidavits shall be taken and deposited in
the clerk's office, within five days after the trial of the
cause, and on appeal or writ of error, copies of such affida-
vits shall be annexed to, and form a part of, the record of
the cause.
SEC. 34.- Every court to which an appeal or writ of
error shall be taken, shall admit, as part of the record of the
cause, every bill of exceptions taken therein, upon its ap-
pearing satisfactorily to such court that the truth of the
case is fairly stated in such bill, that the same was taken ac-
cording to law, and that the court refused to permit such bill
to be filed.
SEC. 35. The truth of every such bill shall be tried by
the affidavits required by this act to be taken and filed in the
clerk's office.
PRODUCTION OF BOOKS AND PAPERS.
SEC. 36. — Every court, or judge thereof, shall have
(a) A bill of exceptions cannot be tendered and signed at a subsequent
term of the court, without the consent of the other party. Pomeroy v.
Selmes, 8 Mo. Rep., 727; Hassinger v. Pye, 10 Mo. Rep., 156; Ruble v.
Thomasson, 20 Mo. Rep., 263.
(b) A motion to strike out portions of a pleading should be put in such
a shape that the record which goes to the Supreme Court will show the ob-
jectionable portions. State, to use, &c., v. Steinman & Lauman, 18 Mo.
Rep., 201.
certify cause
of refusal.
May be sign-
ed by three
bystanders, if
judge refuse.
Bill of ex-
ceptions shall
form a part of
the record.
If court re-
fuse to permit
bill signed by
bystanders to
be filed, affi-
davits to be
taken.
Affidavits to
be deposited
with the clerk.
Court, on ap-
peal or writ of
error, to admit
as part of the
record the bill
of exceptions
thus taken.
Truth of
such bill to be
tried, how.
Power of
courts to com-
pel the pro-
duction of
bocks, &c.
1266
PRACTICE IN CIVIL CASES.
to entitle a
production.
CHAP. 128.
power to compel any party to a suit pending therein, to pro-
duce any books, papers and documents, in his possession or
power, relating to the merits of any such suit, or of any
defence therein. (a)
Proceedings SEC. 37. To entitle a party to the production of such
party to an books, papers and documents, he shall present a petition,
order for such verified by the affidavit of himself, or some other credible
person, to the court, or to the judge thereof in vacation,
upon which an order may be granted by such court or officer,
for the production of such books, papers and documents, or
that the party show cause why the prayer of the petition
should not be granted.
For what
reasons such
vacated.
SEC. 38. Every such order may be vacated by the court
order may be or officer granting the same: First, Upon satisfactory evi-
dence that it ought not to have been granted; Second, Upon
the party required to produce the books, papers and docu-
ments, denying, on oath, the possession or control thereof.
Party neg-
lecting to obey
order may be
nonsuited, his
plea and notice
of set off he
stricken out,
&c.
Inspection
and copy of a
paper, how
obtained.
Either party
may be re-
quired to ad
mit a paper to
be genuine, or
pay expense
of proving it.
SEC. 39. If the party neglect to obey such order for the
production of books, papers and documents, within such time
as the court or judge shall prescribe for that purpose, the
court may nonsuit him, or strike out any answer, or debar
him from any particular defence in relation to which such
books, papers and documents, were required to be produced,
or may punish him, as for a contempt.
SEC. 40. — The court before which an action is pending,
or a judge thereof, may, in his discretion, and upon due
notice, order either party to give to the other, within a spe-
cified time, an inspection and copy, or permission to take a
copy, of a paper in his possession or under his control, con-
taining evidence relating to the merits of the action or
defence therein. If compliance with the order be refused,
the court, on motion, may exclude the paper from being given
in evidence, or punish the party refusing, as for a contempt,
or both.
SEC. 41.
.SEC. 41.-Either party may exhibit to the other, at any
time before the trial, any paper material to the action, and
request an admission, in writing, of its genuineness. If the
adverse party fail to give the admission within two days after
(a) The statutory mode of compelling the production of papers does not
supersede the cominon-law mode of giving notice to produce, and proving
contents. McLain v. Winchester, 17 Mo. Rep., 49.
PRACTICE IN CIVIL CASES.
1267
CHAP. 128.
the request, and if the party exhibiting the paper be after-
ward put to expense in order to prove its genuineness, and
the same be finally proved or admitted on the trial, such ex-
pense shall be paid by the party refusing the admission,
unless it shall appear, to the satisfaction of the court, that
there were good reasons for the refusal.
MISCELLANEOUS PROVISIONS.
SEC. 42. Whenever a party to a suit shall have been
permitted to prove, by his own oath, the loss of any instru-
ment, in order to admit other proof of the contents thereof,
the adverse party may, also, be examined by the court, on
oath, to disprove such loss, and to account for such instrument.
SEC. 43.-If [in] any suit, founded upon any negotiable
promissory note or bill of exchange, or in which such bill or
note, if produced, might be allowed in the defence of any
suit, if it appear on the trial that such note or bill was lost,
while it belonged to the party claiming the amount due thereon,
parol or other evidence of the contents thereof may be given
on such trial, and such party shall be entitled to recover the
amount due thereon, as if such note or bill had been
produced.
SEC. 44.—TO entitle a party to such recovery, he, or some
responsible person for him, shall execute a bond to the ad-
verse party, in a penalty at least double the amount of such
note or bill, with two sufficient securities, to be approved by
the court in which the trial shall be had, conditioned to in-
demnify the adverse party against all claims, by any other
person, on account of such note or bill, and against all costs
and expenses, by reason of such claims.
Where a par-
ty proves loss
of instrument,
by his oath,
&c., adverse
party exam-
ined.
note, &c., be
If negotiable
lost, parol or
of the contents
thereof may
be given.
other evidence
Bond and
security to be
given to entitle
the party to
such
recove-
ry; condition
of bond.
Instrument
of writing on
which suit is
founded, to be
received in
SEC. 45.— When any petition or other pleading shall be
founded upon any instrument of writing, charged to have
been executed by the other party, and not alleged therein to
be lost or destroyed, such instrument shall be received in evidence, un-
evidence, unless the party charged to have executed the same.
deny the execution thereof by answer or replication, verified
by affidavit.
less denied on
oath.
Last section
not to apply
to persons
acting fiducia-
SEC. 46. The preceding section shall not be construed to
authorize any instrument of writing to be received in evi-
dence in any suit against an executor or administrator, or rily.
1268
PRACTICE IN CIVIL CASES.
Written in-
structions
may be given
en points of
law arising in
cause.
CHAP. 128.
any other person representing the person charged to have
executed such instrument.
SEC. 47. When the evidence is concluded, and before the
case is argued or submitted to the jury, or to the court sitting
as a jury, either party may move the court to give instruc-
tions on any point of law arising in the cause, which shall be
in writing, and shall be given or refused; the court may, of
its own motion, give like instructions. (a)
(a) When there is alternative evidence, the court should instruct the jury
hypothetically. Watson v. Musick, 2 Mo. Rep., 27. Instructions should
present the precise questions, and such only as arise from the evidence of
the cause. General instructions should rarely, if ever, be given. Himes
v. McKinney, 3 Mo. Rep., 270; O'Fallon v. Boismenu, Ibid, 286; Williams
v. Harrison, Ibid, 290. Vide, McLean v. Thorp, 4 Mo. Rep., 256. If there
be any evidence from which a jury may infer a certain state of facts, the
court may declare the legal conclusions thereon. Flournoy v. Andrews, 5
Mo. Rep., 513. It is the duty of the circuit court to instruct the jury on
all principles of law applicable to the facts in evidence. McKnight &
Brady v. Wells, 1 Mo. Rep., 14; Coleman v. Roberts, Ibid, 68; Donohoe v.
Glasgow, Ibid, 359; Nicholas v. State, 6 Mo. Rep., 6. A case reversed
(Acts, 1838 & 1839, p. 27) on account of the court instructing the jury
orally. Mallison v. State, 6 Mo. Rep., 399. After the plaintiff has closed
his evidence, the defendant has a right to the opinion of the court, on the
plaintiff's case; and the court cannot refuse the defendant's instructions, on
the allegation of the plaintiff that he intends to give further evidence, by
examining the defendant's witnesses. The plaintiff cannot, on the cross-
examination of a witness, give such evidence as should have been produced
to establish the cause of action. Rucker v. Eddings, 7 Mo. Rep., 115.
Vide, Neale v. McKinstry, 7 Mo. Rep., 128. It is error in the circuit court
to suffer law books to be taken to the jury, in their retirement, and to
leave them to construe the law for themselves; (Barker v. Pool, 6 Mo. Rep.,
260;) but they may be permitted to do so when the paragraph applying to
the case is separately marked out, as in the case of a statutory provision.
Hardy v. State, 7 Mo. Rep., 607. It is error to instruct the jury to find as
they think right, upon the evidence; (Bailey v. Ormsby, 3 Mo. Rep., 398;)
or, that they must believe the evidence. Bryan v. Wear & Hickman, 4
Mo. Rep., 106; Vaulx v. Campbell, 8 Mo. Rep., 224. Vide, Williams v.
VanMeter, 8 Mo. Rep., 339. Where an instruction is given with reference
to a particular statute, it is better that the instruction contain the language
of the statute. Jacobs v. McDonald, 8 Mo. Rep., 565. Vide, Medlin &
Anderson v. Brooks & Kavanaugh, 9 Mo. Rep., 105. It is error in a judge,
on refusing an instruction, to accompany it with remarks, calculated to
mislead the jury. Biehler v. Coonce, 9 Mo. Rep., 343. Vide, Drury &
Wiseman v. White, 10 Mc. Rep., 354; Obouchon v. Boon, Ibid, 442; Hogel
v. Lindell, Ibid, 483. An instruction that, admitting the testimony to be
true, the plaintiff cannot recover, is in the nature of demurrer to evidence,
and may well be given. Harris v. Woody, 9 Mo. Rep., 112; Lee v. David,
11 Mo. Rep., 114. The jury may take to their room written instruments,
read as evidence at the trial. Hanger v. Imboden, 12 Mo. Rep., 85. Vide,
Bury v. City of St. Louis, 12 Mo. Rep., 298. Vide, Hurst & Salmon v. Ro-
binson, 13. Mo. Rep., 82; Von Phul & McGill v. Moffitt, 13 Mo. Rep., 286;
Huntsman v. Rutherford, 13 Mo. Rep., 465; Patterson v. McClanahan, 13
Mo. Rep., 507; Darby v. Charless, 13 Mo. Rep., 600. It is error to give
an instruction calculated to mislead the jury, by withdrawing from their
inquiry material facts. Sigerson v. Pomeroy & Andrews, 13 Mo. Rep.,
620. The circuit court should, when asked, instruct the jury that if, upon
the whole case, they have a reasonable doubt of the guilt of the prisoner
1
PRACTICE IN CIVIL CASES.
1269
CHAP. 128.
SEC. 48. No plaintiff shall suffer a nonsuit or dismissal,
after the cause, upon a hearing of the parties, shall have been
finally submitted to a jury, or to the court, for their decision.
of the offence charged against him, they should acquit him; yet, a refusal to
give this instruction is not sufficient cause to reverse the judgment, when the
instructions given presented the whole case fairly before the jury. 14 Mo.
Rep., 97. Instructions containing mere abstract legal propositions, not
arising necessarily from the facts of the case, ought not to be given.
Greely & Gale v. McNabb, 13 Mo. Rep., 596; Wein v. State, 14 Mo. Rep.,
125; Strickland v. McCormick, 14 Mo. Rep., 166; Muldrow v. Caldwell,
14 Mo. Rep., 523. Vide, Webb & Hepp v. Browning & Bushnell, 14 Mo.
Rep., 354; Schaller v. State, 14 Mo. Rep., 502; Clemens v. Collins, 14 Mo.
Rep., 604.
Instructions that refer to the jury the determination of ques-
tions of law, should not be given. Fugate & Young v. Carter, 6 Mo. Rep,
267; Newman v. Lawless, 6 Mo. Rep., 279; Hickey v. Ryan, 15 Mo. Rep.,
62. Vide, State v. Mix, 15 Mo. Rep., 153; State v. Dame, 15 Mo. Rep.,
263.
The correctness of the action of the court below, in giving or refus-
ing instructions, will be examined in the Supreme Court, though not made
a ground of error in a motion for a new trial. Fine v. Rogers, 15 Mo.
Rep., 315. Where erroneous instructions are given for one party, the
error is not corrected by giving for the other party instructions explanatory
or contradictory to those first given. Jones v. Talbot, 4 Mo. Rep., 279;
Schneer v. Lemp, 17 Mo. Rep., 142. Where erroneous instructions are
given, the error is not cured by the fact that correct instructions accompa-
nied them; (Hickman v. Griffin, 6 Mo. Rep., 37;) but, if the instructions
given are consistent with each other, and, taken together, constitute a cor-
rect exposition of the law applicable to the case, the judgment will not be
reversed because a single instruction, taken by itself, is defective. Neale
v. McKinstry, 7 Mo. Rep., 128; Williams v. VanMeter, 8 Mo. Rep., 339;
Pond v. Wyman, 15 Mo. Rep., 175; State v. Floyd, 15 Mo. Rep., 349; Phil-
lips v. Smoot, 15 Mo. Rep., 598; Gamache v. Piquignot, 17 Mo. Rep., 310.
Unintelligibility of instructions a ground of reversal. Crole v. Thomas, 17
Mo. Rep, 329. Vide, Waldstein, v. Bredell & Baldwin, 17 Mo. Rep., 352.
Instructions which are mere commentaries on evidence, are properly re-
fused. Carroll v. Paul, 16 Mo. Rep., 226; State v. Homes, 17 Mo. Rep.,
379. Vide, Young v. White, 18 Mo. Rep., 93. It is not indispensable to
the giving of an instruction, that the evidence should establish conclusively
the hypothesis stated in it; if there be any evidence conducing to establish
the assumption, it is sufficient to authorize the giving of the instruction.
Bradford v. Pearson, 12 Mo. Rep., 71; Emerson & Childs v. Sturgeon, 18
Mo. Rep., 170. A judgment will not be reversed on account of erroneous in-
structions given, when the party complaining has no right of action, (New-
man v. Lawless, 6 Mo. Rep., 279,) nor when it is apparent that the party
complaining has sustained no injury thereby. Finney & Finney v. Allen,
7 Mo. Rep., 416; Vaulx v. Campbell, 8 Mo. Rep., 224; McLain & Wife
•. Winchester, 17 Mo. Rep., 49; Walter v. Cathcart, 18 Mo. Rep., 256;
Carroll v. Paul, 19 Mo. Rep., 102. An instruction which tells the
jury that they may infer a certain fact from other facts proved, is not
the decision of any question of law, unless the presumption is one
which the law raises; (McDermott v. Barnum & Moreland, 19 Mo. Rep,
204;) and it is error to so instruct the jury, unless the presumption is one
which the law raises. Glover v. Duhle, 19 Mo. Rep., 360. Where the
court gives erroneous instructions, the Supreme Court will not review the
evidence in order to determine whether the judgment is not for the right
party, upon all the facts. Swartz v. Chappell, 19 Mo. Rep., 304. Vide,
Klamp v. Rodewalt, 19 Mo. Rep., 449. Where there is no evidence to prove
a material point in a cause, the court is bound, if called on, to instruct the
jury to that effect; (Russell v. Barcroft, 1 Mo. Rep., 473;) but where
there is testimony relative to the issue, the court cannot instruct the jury
that there is no evidence to prove the fact in dispute. Chamberlin v. Smith,
1 Mo. Rep., 341; Hays v. Bells & Williams, 16 Mo. Rep., 496; Houghta-
↓
No plaintiff
shall suffer a
nonsuit or dis-
missal, after
submission to
the court or
jury.
1270
PRACTICE IN CIVIL CASES.
Suits, when
to be consoli-
dated.
Several suits
for causes of
action that
ed, costs in
such case,
how paid.
CHAP. 128.
SEC. 49. Whenever several suits, founded alone upon
liquidated demands, shall be pending in the same court, by
the same plaintiff against the same defendant, or whenever
several such suits are pending in the same court, by the same
plaintiff against several defendants, the court in which the
same shall be prosecuted, may, in its discretion, if it appear
expedient, order such suits to be consolidated into one
action. (a)
SEC. 50.-When any plaintiff shall bring in the same.
court several suits against the same defendant, that may be
may be join- joined, and when any plaintiff shall bring in the same court
several suits against several defendants, that may be joined,
the plaintiff shall recover only the costs of one action, and
the costs of the other actions shall be adjudged against him,
unless sufficient reason appear to the court for Bringing
several aćtions.
Defendant
may serve on
thereon.
SEC. 51. — The defendant in any action may, at any time
plaintiff an of- before trial or judgment, serve upon the plaintiff an offer, in
fer to compro- writing, to allow judgment to be taken against him for the
mise, and the
proceedings sum, or to the effect therein specified. If the plaintiff accept
the offer, and give notice thereof, within ten days, he may file
the offer, and an affidavit of notice of acceptance and judg-
ment shall be entered accordingly. If the notice of accept-
ance be not given, the offer shall be deemed withdrawn, and
shall not be given in evidence, or commented on, beföre a
ling v. Ball & Chapin, 19 Mo. Rep., 84; Morse v. Maddox, 19 Mo. Rep..
451. It is error for a court to give instructions to a jury which are sup-
ported by no evidence, (Hays v. Bell & Williams, 16 Mo. Rep., 496.) or to
give an inconsistent instruction; (Wood v. Steamboat Fleetwood, 19 Mo.
Rep., 529;) but there is no error in refusing an instruction where the
principle of which is embodied in another instruction given. Rogers v.
McCune, 19 Mo. Rep., 557. The refusal of a court to give an instruction
asked by a party is not equivalent to the assertion of the converse propo-
sition of law. Miles v. Davis & Taylor, 19 Mo. Rep., 408. Vide, Rogers v.
McCune, Ibid, 557. It is irregular practice for a court to comment upon
evidence, by way of instruction to a jury. Loehner v. Home Mutual In-
surance Company, 19 Mo. Rep., 628. It is error to instruct upon the
weight and sufficiency of evidence. Labeaume v. Dodier, 1 Mo. Rep., 441;
Speed v. Herrin, 4 Mo. Rep., 356; Hughes v. Ellison, 5 Mo. Rep., 110;
Morton v. Reeds, 6 Mo. Rep., 64; Garesche v. Boyce, 8 Mo. Rep, 228;
Robbins v. Alton Marine Fire Insurance Company, 12 Mo. Rep., 380;
Scoggins v. Wilson, 13 Mo. Rep., 80; Thompson v. St. Louis Perpetual In-
surance Company, 15 Mo. Rep., 278; Schneer v. Lemp, 17 Mo. Rep., 142;
Loelner v. Home Mutual Insurance Company, 19 Mo. Rep., 628.
trial of appeals from justices of the peace, declarations of law must be
asked, and exceptions taken, or the Supreme Court will not interfere.
Moore v. Turner, 19 Mo. Rep., 642; Aiken v. Todd, 20 Mo. Rep., 276.
(a) Vide, Genestelle v. Waugh, 11 Mo. Rep., 367.
On the
PRACTICE IN CIVIL CASES.
1271
CHAP. 128.
jury; and if the plaintiff fail to obtain a more favorable judg-
ment, he shall pay the defendant's costs from the time of the
offer.
SEC. 52. In an action arising on contract, the defendant
may, at the time of filing his answer, serve upon the plaintiff
an offer, in writing, that, if he fail in his defence, the damages
be assessed at a specified sum; and if the plaintiff do not
give notice of acceptance thereof within five days after re-
ceiving such offer, it shall be deemed withdrawn, and no evi-
dence thereof shall be given, or comments made thereon, to a
jury. If the plaintiff give notice, in writing, of acceptance
thereof within five days, as aforesaid, the damages shall be
assessed accordingly. If the plaintiff do not accept the offer,
and the damages recovered by him do not exceed the sum
mentioned in the offer, he shall pay the defendant's costs, ac-
crued in consequence of any necessary preparation or defence
in respect to the question of damages.
SEC. 53. — The court shall have power to appoint a re-
ceiver, whenever such appointment shall be deemed necessary,
whose duty it shall be to keep and preserve any money or
other thing deposited in court, or that may be the subject of
a tender, subject to the order of court.
SEC. 54.- Such receiver shall give bond, and have the
same powers, and be subject to all the provisions, as far as
they may be applicable, enjoined upon a receiver appointed
in virtue of the law, providing for suits by attachment.
SEC. 55.-The court shall allow such receiver such com-
pensation for his services and expenses as may be reasonable
and just, and cause the same to be taxed as costs, and paid
as other costs in the cause.
SEC. 56. — When depositions are taken, in foreign coun-
tries, of a language other than the English language, they
shall be taken in the language spoken by the witness, and in
such language be reduced to writing by the officer taking the
same. When any such deposition shall be filed in any case,
in any court in this State, the party filing the same shall,
without unreasonable delay thereafter, cause the same to be
truly translated into the English language, and such transla-
tion to be filed with its original, but only for informat on to
the adverse party.
Z VOL. II.
Defendant
may offer to
liquidate da-
mages, condi-
tionally;
feet of an ac-
ceptance
refusal.
ef-
or
Court may
appoint a re-
ceiver; his
duties.
He shall give
bond, have the
powers, &c., of
a receiver in
attachment
cases.
His com -
pensation.
Depositions
taken in fo-
reign coun-
tries to be tak-
en in language
of the witness;
translation of
an English
same must be
filed for infor-
mation.
1272
PRACTICE IN CIVIL CASES.
CHAP. 128.
If action sur-
vive, suit not
to abate by
death of one
or more plain-
tiffs or defend-
ants.
ARTICLE XI.
OF THE ABATEMENT OF SUITS BY DEATH, MARRIAGE OR
OTHERWISE, AND THE REVIVAL THEREOF.
31. If cause of action survive, suit ? 17. If defendant die, and cause of
not to abate by death of one
or
more plaintiffs or de-
fendants, but may proceed.
2. In case of death, if cause of
action do not survive, suit
only to abate as to those who
are dead.
3. If all of either party die, suit
not to abate, but may be re-
vived.
4. On suggestion of death and pe-
tition of plaintiff, summons
or order of publication may
be had to make them parties.
5. Manner of serving summons
and making publication.
6. Court may cause defendant's
appearance to be entered,
when.
7. Effect of answer of deceased
party; if there be no answer,
proceedings.
8. Court may cause an interlocu-
tory judgment to be entered,
or compel answer.
9. What petition for revival shall
state, to obtain further an-
swer from representative.
10. A copy of petition to be annex-
ed to summons.
11. An interlocutory judgment may
be entered against represen-
tatives, when.
12. Representatives may be made
plaintiffs, when; if necessa-
ry, may amend the petition.
13. Defendants to answer amended
petition; and the cause to
proceed, how.
14. Representatives failing to make
themselves plaintiffs, may be
made defendants.
15. If no surviving plaintiff, or he
fail to proceed against repre-
sentatives of deceased plain-
tiff, proceedings; order of
court.
16. Petition may be dismissed if no
cause of reviver be shown by
representatives.
action survive, proceedings.
18. Proceedings of surviving de-
fendants against representa-
tives of co-defendants.
19. If representatives of deceased
parties are not made parties
by the third term, cause shall
proceed between survivors.
Suit shall be dismissed, when.
If a female party marry, her
husband may be made a party
on his application.
22. Husband may be made a party
on application of any party
to the suit.
20.
21.
23. To proceed as if originally made
a party.
24. In case of the transfer of an
interest, the transferree may
be substituted as a party to
the action.
25. Suit not to abate by death of
party acting in a fiduciary
capacity.
26. His successor may be made a
party.
27. This act construed to give court
power to make any person in-
terested a party.
28. No such person to be affected
in any suit to which he is not
a party.
29. If party die after verdict, but
before judgment, proceedings.
30. Construction of the preceding
section.
31.
Death shall be stated upon the
record, and the action pro-
ceed.
32. Orders for introducing co-plain-
tiff or co-defendant, how
made.
33. Orders for the purpose of sub-
stituting parties in place of
the original parties, how made.
34. Person substituted, or made co-
plaintiff or co-defendant, en-
titled to continuance.
35. Cause in such case to proceed
as between original parties.
SECTION 1.—When the cause of action shall survive, no
suit shall abate by the death of one or more plaintiffs or de-
fendant; but such death being suggested, and shown to the
•
PRACTICE IN CIVIL CASES.
1273
CHAP. 128.
satisfaction of the court, the suit shall proceed in favor of, or
against, the surviving parties.
SEC. 2. — When one or more of the plaintiffs or defend-
ants die, and the cause of action shall not survive, the suit
shall abate only as to the person or persons so dying, and
the surviving parties may proceed without reviving the
or defence.
suit
If cause of
action do not
survive, suit
only to abate
who are dead.
as to those
If all of
either party
On sugges-
tion of death,
and petition of
plaintiff, sum-
SEC. 3.-If all the plaintiffs or defendants in a suit die,
the suit shall not thereby abate, but may be revived in the die, suit may
name of the legal representatives of the deceased party. (a)
SEC. 4. Upon suggestion of the death of a deceased de-
fendant, the court or clerk in vacation shall, on the petition
of the plaintiff, issue a summons against all persons residing
in the State to be made parties; and, also, make an order of
publication, as to all such as are non-residents, or whose
names are unknown, in the same manner as is provided in the
case of original defendants. (b)
SEC. 5. The summons may be directed to any county in
the State, and shall be served and returned, and the order
published, in the same manner and with the like effect, to all
intents and purposes, as is required in cases of summoning or
notifying original defendants.
mons or order
of publication.
may be had to
parties.
make them
Manner of
serving sum-
making pub-
mons and
lication.
Court may
cause defend-
ant's appear-
SEC. 6. If any person, so summoned or notified, shall
not, within such time after the service or notice of publica-
tion as is allowed in the case of original defendants, appearance to be en-
tered, when.
and put in an answer, the court may cause his appearance to
be entered.
Effect of an-
swer of de-
ceased party;
if there be no
ceedings.
answer, pro-
SEC. 7.-In such cases the answer of the deceased party
shall be deemed the answer of such representatives; and if
there be no answer, proceedings may be had, in all respects,
against such person as if he had been originally a defendant.
SEC. 8.-The court may, in its discretion, cause an inter-
locutory judgment to be entered, or compel such representa- ment or com-
tives to answer by attachment or otherwise.
Court may
enter judg-
pel an answer.
What peti-
tion for revi-
val shall state,
SEC. 9.-If the deceased party shall have answered, and
the surviving party shall deem it necessary to obtain further
answer from his representatives, the petition for a revival to obtain fur-
(a) Fine v. Gray, 19 Mo. Rep., 33.
ther answer
from repre-
(b) After the death of a party has been suggested on the record, a judg- sentative.
ment against him is clearly crroneous. Wittenburgh v. Wittenburg, 1 Mo.
Rep., 161.
1274
PRACTICE IN CIVIL CASES.
A copy to
be annexed to
summons.
Judgment
may be enter-
ed against re-
presentatives,
when.
Representa-
tives may be
may amend
CHAP. 128.
shall state the matters as to which such further answer is
required. (a)
SEC. 10. A copy of such petition shall be annexed to the
summons, or the substance stated in the order of publication,
against such representatives.
SEC. 11.-In such case, if the representatives shall not
appear, and put in such further answer, an interlocutory judg-
ment may be entered, or the court may compel an answer by
attachment or otherwise.
SEC. 12.- Where a plaintiff shall die, and the cause of
made plain- action survive, his representatives, on affidavit of such death,
tiffs, when; and on motion in open court, may be made plaintiff in the
suit, and be permitted, if necessary, to amend the petition. (6)
SEC. 13.- The defendants may be compelled to answer
amended peti- such amended petition, and the cause shall proceed to issue
and hearing as in other cases.
the petition.
Defendants
to answer
tion.
Representa-
tives failing to
SEC. 14. When the representatives shall not cause them-
make them- selves to be made plaintiffs, on or before the first day of the
selves plain- second term after the death is suggested, the surviving
tiffs may be
made defend- plaintiff may proceed to make them defendants, as in cases
where the representatives of a deceased defendant are made
parties.
ants.
If no sur-
viving plain-
SEC. 15. — If there be no surviving plaintiff, or he shall
tiff, or he fail neglect or refuse to proceed against the representatives of a
to proceed deceased plaintiff, as defendants, the court, upon the petition
against repre-
sentatives of of the original defendants, may order such representatives to
deceased show cause at a certain day, to be named in the order, why
the suit should not stand revived in their names, or the peti-
tion be dismissed, as far as the interest of such representa-
tives is concerned.
plaintiff, pro-
ceedings.
Petition may
be dismissed if
no cause of re-
SEC. 16. — If no such cause be then shown, the court,
upon proof of service or publication of such order, may or-
viver shown der the suit to be revived in the name of such representatives,
by represen-
tatives. or dismiss the petition as to them, with costs or otherwise.
If defendant
die, and cause
SEC. 17. — If a defendant shall die, and the cause of ac-
tion shall survive, and the plaintiff shall neglect or refuse to
vive, pro- procure an order for the revival of the suit, the court may
of action sur-
ceedings.
(a) Culbertson v. Matson, 11 Mo. Rep., 493.
(b) Ferris v. Hunt, 20 Mo. Rep., 464.
PRACTICE IN CIVIL CASES.
1275
CHAP. 128.
order it to stand revived, upon the petition of the surviving
defendant, against the representatives of the deceased party.
SEC. 18.-In such case, the surviving defendant may
proceed against such representatives, in the same manner as
a plaintiff, to compel them to appear, abide the answer of
the deceased party, or answer, if an answer be required, or
have an interlocutory judgment entered against them; and
the court may, in its discretion, stay the suit as against him,
until such proceedings shall have been had.
SEC. 19.- In all cases where the representatives of a de-
ceased plaintiff or defendant shall not be made parties, ac-
cording to the provisions of this act, on or before the third
term after the suggestion of the death, the suit shall abate as
to such deceased party, and the interest of his representa-
tives therein, and the cause shall proceed in favor of, and
against, the survivors.
SEC. 20.—If, in such case, there be no surviving plaintiff
or defendant, the suit shall be dismissed.
SEC. 21.- If a female party to a suit marry at any time
before a final judgment, her husband may, on his application,
be made a plaintiff or defendant with her, on the order of
the court in which the suit is pending, or the judge thereof,
to be granted on due proof of the marriage, and after notice
to such female party and the other parties to the suit.
SEC. 22.—Such husband may, also, be made a party with
his wife, on the application of any other parties to the suit,
by petition, upon proof of the marriage, and notice to such
husband and wife and the other parties to the suit.
SEC. 23. In such case, the husband may contest all facts,
in the same manner as if he had originally been made a
party.
SEC. 24. — In case of any transfer of an interest other
than that occasioned by the death, marriage or other dis-
ability, of a party, the action shall be continued in the name
of the original party, or the court may allow the person to
whom the transfer is made to be substituted in the action. (a)
SEC. 25. When a public officer, trustee, guardian, cura-
tor, executor or administrator, as such, shall be a party to
(a) If a complainant assign his interest whilst the suit is pending, the
assignee must be brought in. Gamble & Johnston v. Johnson, 11 Mo. Rep.,
597.
Proceedings
of surviving
defendant
against repre-
co-defendants
sentatives of
If represen-
tatives of de-
ceased parties
are not made
parties by the
third term,
proceed be-
tween surviv-
cause shall
ors.
Suit shall
be dismissed,
when.
If a female
party, marry
may be made
application.
her husband
a party on his
Husband
may be made
a party on ap-
plication of
any party to
the suit.
To proceed
as if original-
ly made a
party.
In case of
the transfer of
an interest,
the transferee
may be sub-
party.
stituted as a
Suit not to
abate by death
of party act-
ing in a fidu-
ciary capacity
1276
PRACTICE IN CIVIL CASES.
His successor
may be made
a party.
Court to
make any per-
CHAP. 128.
any suit, and shall die, resign, or be removed from his office
or trust, before final judgment, the suit shall not thereby
abate, if the cause of suit survive, but the same may be con-
tinued by or against the successor.
SEC. 26. In such case, his successor may, on his own
application, or on the application of any other party to the
cause, be made a party by the order of the court, in the same
manner as the representatives of a deceased party, as herein
before provided.
SEC. 27. The provisions of this act, in relation to the
son interest-bringing in the representatives of a deceased party, shall be
construed to apply to all persons who may have become in-
terested in the cause of action by the death of a party.
ed a party.
No such per-
son to be af-
fected in any
SEC. 28. No such representatives of a deceased party, or
other person interested in the cause of action, shall be bound
suit to which by any order or judgment in any cause to which they do not
become, and are not made, parties.
he is not a
party.
If party die
after verdict,
SEC. 29. After a verdict shall be rendered in any ac-
but before tion, and after an answer of confession in any suit brought,
judgment, pro- if either party die before judgment be actually entered
thereon, the court may, within one term after such verdict
or answer, enter final judgment, in the name of the original
parties.
ceedings.
Construction SEC. 30.-Nothing in the preceding section shall be con-
of the preced-strued to authorize the entry of a judgment against any
ing section.
party who shall have died before a verdict [is] actually ren-
dered against him, notwithstanding he may have died on the
first, or any other, day of the term at which such verdict shall
have been rendered, but such verdict shall be void.
Death shall
be stated upon
SEC. 31. When the death of a party shall be suggested,
the record, such death shall be stated upon the record, and the action or
and the action defence shall proceed in the name of the surviving parties,
proceed.
as the case may require.
Orders for
introducing
co-plaintiff or
SEC. 32. All orders made for the purpose of introducing
into a suit a new person, as a co-plaintiff or co-defendant
co-defendant, with the original party, shall be made either upon the volun-
tary appearance of both the original parties in such suit, or
after the service upon them of a summons, as herein before
directed. (a)
how made.
(a) Ferris' Administrator v. Hunt, 18 Mo. Rep., 480.
PRACTICE IN CIVIL CASES.
1277
CHAP. 128.
SEC. 33. All orders made for the purpose of substituting
any person as plaintiff or defendant, in place of the original
defendant or plaintiff, shall be made, either upon the volun-
tary appearance of the adverse original party, or after the
service upon such party of a summons, as herein before
described.
SEC. 34. When any person is made a co-plaintiff or co-
defendant, or is substituted as plaintiff or defendant in the
place of the original party, in any of the cases provided for
in this article, such new party shall be entitled to a continu-
ance of the cause until the next term.
SEC. 35. — In all such cases where a person is made a co-
plaintiff or co-defendant, or is substituted as plaintiff or de-
fendant in the place of the original party, the cause shall
proceed, in all respects, as if such person had been an original
party to the suit.
Orders sub-
stituting par-
ties in place
of the original
parties, how
made.
Person sub-
made co-
stituted, or
plaintiff or co-
defendant, en-
titled to con-
tinuance.
Cause in
such case to
proceed as be-
tween original
parties.
ARTICLE XII.
JUDGMENTS, AND SUBSEQUENT PROCEEDINGS THEREON.
1. Judgment, definition of.
2. It may be for or against any
plaintiff or defendant.
3. Order, definition of.
4. Failing to file pleadings within
the legal time, interlocutory
judgment by default, to be
given.
5. Such judgment may be set
aside for good cause.
6. Plaintiff failing to reply, &c.,
judgment of non pros. to be
given.
7. Such judgment may be set
aside.
8. Several defendants, and some
appear and plead, and others
make default, proceedings.
9. Interlocutory judgment by de-
fault, nil dicit, &c., shall be
made final if demand be li-
quidated.
10. In other cases of interlocutory
judgments, writ of inquiry of
damages shall be awarded,
at what term.
11. If action be founded on bond
or note, final judgment shall
be rendered at the term at
which the interlocutory judg-
ment is rendered; in other
cases, at the term next fol-
lowing.
12. Damages or other relief shall
not, where an interlocutory
judgment is rendered for
plaintiff, be other or greater
than demanded in original
petition.
13. What final judgments may be
set aside, and when.
14. Judgment to stand absolute, if
petition for review be not
brought within a year after
service of notice.
15. Limitation for filing petition
for review.
16. What petition must show in
order to set aside judgment.
17. Petition of defendant to be
served on plaintiff, or given
by publication.
18. If answer or demurrer is filed,
cause to proceed.
19. If judgment be for defendant,
he shall have costs and da-
mages, to what extent.
20. Sale or conveyance of property
shall not be affected by setting
aside judgment.
21. Judgment by confession on
debt, or contingent liability,
authorized.
22. Confession must be in writing,
and must contain certain
facts.
1278
PRACTICE IN CIVIL CASES.
Judgment,
definition of.
It may be
for or against
CHAP. 128.
23. Court shall render judgment | 3 27. Court may, by judgment, pass
for amount confessed, if satis-
fied of identity of defendant.
24. Judgment may be rendered for
a debt against a party upon
his power of attorney; plain-
tiff to make affidavit that the
debt is for a fair and valua-
ble consideration, &c.
25. Parties may submit a contro-
versy without action; pro-
ceedings thereon.
26. Judgment may be enforced,
and appeal taken, or writ of
error granted.
the title of property without
any act to be done by defend-
ants.
28. Court may, when necessary,
issue writ of possession, or
proceed by attachment or se-
questration.
29. Operation of a judgment in
case a party refuse to make
a conveyance, release or ac-
quittal, as is therein required.
30. When damages may be assessed
in lieu of performance of a
judgment.
SECTION 1.—A judgment is the final determination of the
right of the parties in the action. (a)
SEC. 2.-Judgment may be given for or against one or
any plaintiff more of several plaintiffs, and for or against one or more of
or defendant. several defendants; and it may determine the ultimate rights
of the parties on each side, as between themselves; and it
may grant to the defendant any affirmative relief to which he
may be entitled. (b)
Order, de-
finition of.
Failing to
plead within
ment by de-
SEC. 3.—Every direction of a court or judge, made or
entered in writing, and not included in a judgment, is de-
nominated an order, and an application for an order is a
motion. (c)
JUDGMENTS, INTERLOCUTORY.
SEC. 4. If the defendant shall fail to file his answer or
time, interlo- other pleading within the time prescribed by law, or the rules
cutory judg- of practice of the court, and serve a copy thereof upon the
adverse party, or his attorney, when the same is required, an
interlocutory judgment shall be given against him by default.
Such judg- SEC. 5.-Such judgment may, for good cause shown, be
set aside for set aside, at any time before the damages are assessed, (d) or
fault to be
given.
ment may be
good cause.
(a) When a matter has once been adjudicated, although it may have been
improperly pleaded, yet, no objection having been made to its adjudication,
such adjudication is final. Thompson v. Wineland, 11 Mo. Rep., 243.
(b) Vide, Franciscus v. Bridges, 18 Mo. Rep., 208.
(c) The court has power to make nunc pro tunc entries on the record in
furtherance of justice. State v. Clark, 18 Mo. Rep., 432.
(d) Vide, Dent v. Morrison, 1 Mo. Rep., 91; McCutchin v. Batterton,
Ibid, 243; Currin v. Ross, 2 Mo. Rep., 164; Dempsey v. Harrison, 4 Mo.
Rep., 267; Whiting v. Budd, 5 Mo. Rep., 443; Lutes v. Perkins, 6 Mo.
Rep., 57; Pratte & Cabanne v. Corl, 9 Mo. Rep., 162. In a suit insti-
tuted by a non-resident, he having failed to give security for costs, if a mo-
tion be made to dismiss for want of such security, within the time allowed
the defendant to plead, a judgment by default cannot be entered against
the defendant until that motion is disposed of. Steamboat Osprey v. Jen-
PRACTICE IN CIVIL CASES.
1279
СНАР. 128.
Plaintiff
failing to re-
final judgment rendered, upon such terms as shall be just. (a)
SEC. 6.—If the plaintiff shall fail to file his replication,
or other pleading, within the time prescribed by law, or the ply, &c., judg-
rules of practice of the court, and to serve the adverse party,
or his attorney, with a copy thereof, when the same is re-given.
quired, judgment of non pros. shall be given against him.
SEC. 7.- Such judgment may, for good cause shown, be
set aside at any time during the term at which it shall be
given, upon such terms as shall be just. (b)
SEC. 8.- When there are several defendants in a suit, and
some of them appear and plead, and others make default, an
interlocutory judgment by default may be entered against
such as make default, and the cause may proceed against the
others; but only one final judgment shall be given in the
action.
SEC. 9.Whenever an interlocutory judgment shall be
kins, 9 Mo. Rep., 635. It is error to enter judgment against a party who
has not been served with process, and does not answer to the action. Bas-
com v. Young, 7 Mo. Rep., 1; Anderson v. Brown, 9 Mo. Rep., 638. Vide,
Boyd & Mitchell v. Holmes, 9 Mo. Rep., 711. A court has power to order
entries of proceedings had by the court at a previous term, to be made
nunc pro tunc. But where the court has omitted to make an order, which it
might or ought to have made, it cannot, at a subsequent term, be made
nunc pro tunc. In all cases in which an entry nunc pro tunc is made, the
record should show the facts which authorize the entry. Hyde v. Curling,
10 Mo. Rep., 359. A decree in a chancery cause against an infant, for
want of answer, and without proof of the statements of the bill, is altogether
erroneous. Heath v. Ashley, 15 Mo. Rep., 393. Vide, Kelly v. Hogan, 16
Mo. Rep., 215; Edwards v. Watkins, 17 Mo. Rep., 273.
a) After judgment by default, it is irregular to move for leave to plead,
before a motion to set aside the judgment is made. Hickman v. Barnes, 1
Mo. Rep., 110. If a party, by negligence, suffer judgment by default to
go against him, it will not be set aside to admit a defence which the party
might have made had he used due diligence. Weimer v. Morris, 7 Mo.
Rep., 6. Something more than a mere affidavit of merits is necessary to
authorize the circuit court to set aside a judgment by default. The "good
cause" required to be shown, must not only be a meritorious defence, but
the exercise of due diligence by the party. Barry v. Johnson & Johnson,
3 Mo. Rep., 263; Lecompte & Wife v. Wash, 4 Mo. Rep., 557; Green
v. Goodloe, 7 Mo. Rep., 25. A judgment by default will not be set aside
on account of the mistake or negligence of defendant's attorney. No dis-
tinction is made between the negligence of the party and the negligence of
the attorney. Field & Cathcart v. Matson, 8 Mo. Rep., 686; Kerby & Por-
ter v. Chadwell, 10 Mo. Rep., 392; Austin v. Nelson, 11 Mo. Rep., 192. A
case where a judgment by default was set aside: Stout v. Lewis, 11 Mo.
Rep., 438.
(b) As to the admission of evidence-see, Huston v. Becknell, 4 Mo. Rep.,
39; Dyer v. Morris, 4 Mo. Rep., 214; Gearhart v. Smallwood, 5 Mo. Rep.,
452; Campbell & Maison v. Hood, 6 Mo. Rep., 211; Keith v. Wilson, 6 Mo.
Rep., 435; Riggin v. Collier & Pettus, 6 Mo. Rep., 568; Rucker v. Eddings,
7 Mo. Rep., 115; Brown v. Burrus, 8 Mo. Rep., 26; Armstrong v. Farrar,
8 Mo. Rep., 627; Moreland & Barnum v. McDermott, 10 Mo. Rep., 605;
Walsh v. Agnew, 12 Mo. Rep., 520.
z 2—VOL. II.
ment of non
pros. to be
Such judg-
ment may be
set aside.
Several de-
fendants, and
some appear
and plead, and
default, pro-
ceedings.
others make
Interlocu-
tory judgment
final, when.
1280
PRACTICE IN CIVIL CASES.
In other
cases of inter-
CHAP. 128.
rendered for the plaintiff, by default, by nil dicit, by confes-
sion, or upon an issue of law, in any suit founded upon any
instrument of writing, and the demand is ascertained by such
instrument, the court shall assess the damages, and final
judgment shall be given thereon. (a)
SEC. 10.-But in all other cases of such interlocutory
locutory judg- judgment, the plaintiff may, if he demand it, have a jury to
ments, writ of assess his damages; and every such inquiry of damages shall
inquiry of
damages shall be made at the term next after the term in which such inter-
be awarded, locutory judgment shall be rendered. If no jury be de-
manded, the court shall, at the proper term, assess the
damages, or give the other relief asked in the petition, and
final judgment shall be given thereon. (b)
at what term.
If action be
founded on
ment shall be
SEC. 11.-If the action be founded on a bond, bill or
bond or note, note, for the direct payment of money or property, such in-
final judg- terlocutory judgment shall be proceeded on to final judgment,
rendered at at the term in which such interlocutory judgment shall be
the term; in given; but all other interlocutory judgments shall be pro-
ceeded on to final judgment at the term next after the term
in which such interlocutory judgment shall be rendered.
other cases, at
the term next
following.
What da-
mages or other
granted.
SEC. 12. Whenever such interlocutory judgment shall
relief may be be rendered for the plaintiff, the damages or other relief shall
not be other or greater than that which he shall have de-
manded in the petition, as originally filed and served on
defendant; but in any other case, the court may grant him
any relief consistent with the case made by the plaintiff and
embraced within the issue.
What final
judgments
set
aside, and
may be
when.
SEC. 13. When such interlocutory judgment shall be
made, and a final judgment entered thereon against any de-
fendant who shall not have been summoned, as required by
this act, or who shall not have appeared to the suit, or have
been made a party as the representative of one who shall
have been summoned or appeared, such final judgment may
be set aside, if the defendant shall, within the time herein-
after limited, appear, and, by petition for review, show good
cause for setting aside such judgment.
(a) Vide, Hanly & Scott v. Holmes & Elliot, 1 Mo. Rep., 60; Pratt &
Cabanne v. Corl, 9 Mo. Rep., 162; Wetzell v. Waters, 18 Mo. Rep., 396.
(b) Vide, McNair and others v. Biddle and others, 8 Mo. Kep., 257;
Steamboat Reveille v. Case, 9 Mo. Rep., 498; State, to use, &c., v.
Stephenson, 12 Mo. Rep., 178; Hill v. City of St. Louis, 20 Mo. Rep., 584;
Shepard v. City of St. Louis, Ibid, 589.
PRACTICE IN CIVIL CASES.
1281
CHAP. 128.
SEC. 14. If the plaintiff shall, at any time after such
final judgment, serve the defendant, within any of the United
States, or the Territories thereof, with notice of the suit, and
a copy of the judgment thereon, and such defendant shall
not, within one year after such service, bring his petition for
review, the court, on proof of the service of such notice,
shall make an order that the judgment stand absolute.
SEC. 15.-If such petition for review be not filed within
three years after such final judgment is rendered, the same
shall stand absolute, whether notice thereof be given or not.
SEC. 16.- No such judgment shall be set aside, unless the
petition for review shall state the existence of the facts set
forth in section thirteen of this article, and that the petition
of plaintiff, upon which the judgment complained of was ob-
tained, is untrue in some material matter, (setting it forth,)
or that he has, and then had, a good defence thereto, (setting
such defence forth,) or both, and then only on condition that
the defendant answer or demur to the petition of plaintiff on
which the judgment was rendered, within a reasonable time,
to be ordered by the court. Such petition for review shall
be verified by affidavit, as required in case of an original
petition.
SEC. 17. The petition of defendant shall be served on
the plaintiff in the judgment, or notice given by publication
to him, or, if the plaintiff be dead, then on or to his legal
representatives, in like time and manner as provided for the
service or giving of notice in case of an original petition upon
a defendant. (a)
SEC. 18.-If the answer or demurrer is filed within the
time so limited, the cause shall proceed as it would have done
had the defendant appeared to the summons and filed his
answer or demurrer to the petition; if not, the judgment shall
be made absolute.
SEC. 19.- If, upon the trial of the cause, judgment shall
be for the defendant, or if the judgment be for the plaintiff,
but for less than the original judgment, the defendant shall,
also, have judgment, with costs, against the plaintiff, for such
damages as justice shall require, as will reimburse him for
moneys applied to the satisfaction of the original judgment,
(a) Ruby v. Strother, 11 Mo. Rep., 417.
Judgment
to stand abso-
lute, if peti-
tion for re-
brought with-
in a year after
tice.
view be not
service of no-
Limitation
for filing peti-
tion for re-
view.
What peti-
tion must
show, in order
to
set aside
judgment.
Petition of
defendant to
plaintiff, or
notice given
by publica-
tion.
be served on
If answer
or demurrer
to proceed.
is filed, cause
If judgment
be for defend-
ant, he shall
have costs and
damages,
what extent.
to
1282
PRACTICE IN CIVIL CASES.
Sale or con-
veyance of
CHAP. 128.
and legal interest thereon, and which the plaintiff did not
finally recover.
SEC. 20.-No sale or conveyance of property for the
property shall satisfaction of any judgment, regularly made, shall be
not be affected affected or prejudiced by the setting aside any judgment
on the appearance of a defendant, as herein before provided,
if the property shall be in the hands of innocent purchasers.
by setting
aside judg-
ment.
by confession
on
CONFESSION OF JUDGMENT.
Judgment SEC. 21.A judgment by confession may be entered with-
debt, or out action, either for money due, or to become due, or to
contingent secure any person against contingent liability on behalf of
thorized. defendant, or both, in the manner prescribed by this
article. (a)
liability, au-
must be in
certain facts.
Confession SEC. 22. —A statement in writing must be made, signed
writing, and by the defendant, and verified by like affidavit, as in case of
must contain an answer to the following effect: First, It must state the
amount for which the judgment may be rendered, and authorize
the entry of judgment thereon; Second, If it be for money
due, or to become due, it must state concisely the facts out of
which it arose, and must show that the sum confessed therefor
is justly due, or to become due; Third, If it be for the pur-
pose of securing the plaintiff against a contingent liability,
it must state concisely the facts constituting the liability, and
must show that the sum confessed therefor does not exceed
the same.
Court shall
render judg-
fessed, if sa-
SEC. 23. Such statement and affidavit shall be filed, and
ment for the court shall render judgment for the amount confessed,
amount con- and cause the same to be entered upon the records, first
being satisfied of the identity of the defendant, if present;
or, if not present, that he executed the statement in writing,
and made the affidavit herein before required.
tisfied of iden-
tity of defend-
ant.
Judgment
may be ren-
<debt against a
SEC. 24. — A judgment by confession may, also, be ren-
dered for a dered against any person for a debt owing upon a note, bond
party upon his or bill of exchange, under his power of attorney therefor, ac-
power of at- knowledged as required of deeds of land for their record,
torney; plain- and filed in the court rendering the judgment, at the time of
affidavit that its rendition, together with the note, bond or bill of exchange,
and the affidavit of the plaintiff that the debt is bonâ fide, for
tiff to make
the debt is
bonâ fide, &c.
Vide, Parker v. Simpson, 1 Mo. Rep., 383.
PRACTICE IN CIVIL CASES.
1283
CHAP. 128.
a fair and valuable consideration, and owing, after allowing all
just credits and set-offs.
SUBMITTING A CONTROVERSY, WITHOUT ACTION.
Parties may
submit a con-
out action;
SEC. 25.-Parties to a question in difference, which might
be the subject of a civil action, may, without action, agree troversy with-
upon a case containing the facts upon which the controversy proceedings
depends, and present a submission of the same to any court thereon.
which would have jurisdiction, if an action had been brought.
But it must appear, by affidavit, that the controversy is real,
and the proceedings in good faith, to determine the rights of
the parties. The court shall thereupon hear and determine
the case, and render judgment thereon, as if an action were
depending. (a)
SEC. 26.-The judgment may be enforced in the same
manner as if it had been rendered in an action, unless other-
wise provided in the submission; and, in like manner, shall be
with costs, and subject to an appeal or writ of error, unless
otherwise provided in the submission.
MISCELLANEOUS PROVISIONS.
SEC. 27.—In all cases where judgment is given for the
conveyance of real estate, or the delivery of personal pro-
perty, the court may, by such judgment, pass the title of
such property without any act to be done on the part of the
defendants.
Judgment
may be en-
forced, and
appeal taken.
Court may,
by judgment,
pass the title
without any
defendants.
act done by
Court may
issue writ of
possession, or
pro-tachment.
proceed by at-
SEC. 28.-The court may issue a writ of possession, if
necessary, to the sheriff of the proper county, to put the
party entitled into possession of such real or personal
perty, or may proceed by attachment or sequestration.
SEC. 29. When an unconditional judgment shall be made.
for a conveyance, release or acquittance, and the party re-
quired to execute the same shall not comply therewith, such
judgment shall be considered and taken to have the same
operation and effect, and be as available, as if the conveyance,
releas r acquittance, had been executed conformably to the
judg
do
6.- When complete justice cannot otherwise be
out may, on the petition of the party entitled to
the bed of a final judgment, cause an inquiry to be made,
Wilson, 15 Mo. Rep., 540.
Effect of a
a conveyance,
judgment for
release or ac-
quittal.
When da-
mages may be
assessed in
formance of a
judgment.
lieu of per-
1284
PRACTICE IN CIVIL CASES.
CHAP. 128.
by a jury, of the amount of damages which ought to be paid
in lieu of the performance of the judgment, and may render
a judgment for the damages so assessed, and award execution
thereon.
ARTICLE XIII.
NEW TRIALS, ARREST OF JUDGMENT, APPEALS, DUTIES OF
CLERKS, AND EXAMINATION OF PARTIES ON INTERROGA-
TORIES.
1. What not deemed a case of va- | 20. Clerk to make out docket of
riance, but failure of proof.
2. In case of failure of proof,
new trial may be granted
and pleadings amended.
3. In what other specified cases
new trials may be granted.
4. Only one new trial allowed to
either party; exceptions.
5. Costs of new trials, by whom
paid.
6. Motions for new trials, and in
arrest, when to be made.
7. After arrest of judgment, pro-
ceedings may be amended.
8. Costs to be paid by the one
who made the first error.
9. Persons may appeal to Supreme
Court, when.
10. Parties, how designated on ap-
peal.
11. On what conditions appeal to
be allowed.
12. Court to make an order allow-
ing an appeal; in what cases
the allowance shall stay exe-
cution.
13. Supreme Court, or any judge
thereof, may grant an ap-
peal, by special order, when.
14. No such order shall be granted,
unless error was committed
materially affecting the me-
rits of the action.
15. Notice of appeal, when not
taken during the term of cir-
cuit court.
16. Appeals granted by Supreme
Court, or judge thereof, shall
not, unless appellant be an
executor, &c., operate as a
stay of proceedings, unless
recognizance be given.
17. On filing recognizance, pro-
ceedings stayed on judgment
appealed from, except, &c.
18. Amount of bond, approval, and
filing same.
19. When an appeal is granted,
clerk to make out and send
up a complete copy of record.
cases before the commence-
ment of each term of the
court; contents of docket.
21. Dockets, how known and how
arranged; cases, how dock-
eted.
22. Penalty for failing to make out
dockets.
23. Plaintiff may dismiss his suit
in vacation by paying costs.
24. The want or failure of consi-
deration, in whole or in part,
of a specialty, or other writ-
ten contract, may be proven.
25. Nothing in last section to af-
fect a bona fide endorsee.
26. Limitation of motion to set
aside judgment.
27. Judgments requiring the per-
formance of any other act
than the payment of money,
how enforced.
28. Either party may, on motion,
obtain an order to examine
the other on interrogatories.
29. Motion must state the facts,
and be accompanied by the
interrogatories; notice to be
given.
30. Motion must be verified by af-
fidavit to the effect specified.
31. What the order of court shall
require.
32. Party neglecting or refusing to
answer interrogatories, to be
punished as for a contempt;
or the court may order that
the facts stated in motion be
used as evidence.
33. Answer to interrogatories may
be used as evidence by either
party.
34. If answer contain new matter,
it shall be used as evidence;
in such case, the answer of
adverse party to such new
matter to be evidence.
35. Proceedings, where document,
book, &c., contain matter
not relevant.
{
PRACTICE IN CIVIL CASES.
1285
CHAP. 128.
36. The party interrogated not | 40. Answer may be read as evi-
obliged to criminate himself,
disclose his title to property
not in controversy, or the
names of witnesses, &c.
87. Court may order an imperfect
answer to be made full and
clear, and irrelevant matter
stricken out, &c.
38. What orders may be made in
such cases concerning the
costs.
39. Party neglecting or refusing
to answer, &c., court may
enter a nonsuit or default.
dence by the interrogating
party; if no part be read by
him, the effect.
41. Interrogatories may be filed
and answered at the trial, if
due diligence has been used.
42. Commission to take the exami-
nation of non-residents.
43. This act shall not extend to
proceedings in county and
probate courts, except, &c.
44. This act shall not apply to ac-
tions and proceedings pend-
ing when it takes effect.
NEW TRIALS.
What not
a case of varî-
ance, but fail-
SECTION 1.-Where the allegation of the cause of action
or defence to which the proof is directed is unproved, not in
some particular or particulars only, but in its entire scope ure of proof.
and meaning, it shall not be deemed a case of variance, but
a failure of proof. (a)
SEC. 2.—In case of such failure of proof, and a verdict
of a jury or finding of the court against the party so failing,
and the court is satisfied from the proof given that the party
has a good cause of action or defence, the court may, on mo-
tion of such party, set aside the verdict or finding, and grant
a new trial, and permit the pleadings to be amended, on such
terms as may be just.
In case of
failure of
proof, new
trial may be
granted, and
pleadings
amended.
In what
cases new tri-
als may be
granted.
SEC. 3.- In every case where there has been a mistake
or surprise of a party, his agent or attorney, or a misdirec-other specified
tion of the jury by the court, or a mistake by the jury, or a
finding contrary to the direction of the court, or a fraud or
deceit practiced by one party on the other, or the court is
satisfied that perjury or mistake has been committed by a
witness, and is, also, satisfied that an improper verdict or
finding was occasioned by any such matters, and that the
party has a just cause of action or of defence, it shall, on
motion of the proper party, grant a new trial, and, if neces-
sary, permit the pleadings to be amended, on such terms as
may be just. (b)
(a) A case of entire failure of proof of the cause of action, and not a
mere variance: Beck v. Ferrara, 19 Mo. Rep., 30.
(b) Where the record shows facts which may warrant a finding, either
the one way or the other, accordingly as intrinsic circumstances incline,
the court will not reverse the judgment because a new trial was refused.
McKnight & Brady v. Wells, 1 Mo. Rep., 14. Vide, Kizer v. Wilkes, 5 Mo.
Rep., 519; Steel v. McCutchen, Ibid, 522; Stewart v. Small, Ibid, 525.
1286
PRACTICE IN CIVIL CASES.
CHAP. 128.
Only one
new trial al-
SEC. 4. Only one new trial shall be allowed to either
lowed to each party, except: First, Where the triers of the fact shall have
erred in a matter of law; Second, When the jury shall be
guilty of misbehavior. (a)
party; excep-
tions.
Costs of new
trials, by
whom paid.
Motions for
new trials and
SEC. 5. The costs of all new trials shall either abide the
event of the suit, or be paid by the party to whom such new
trial is granted, according to the order of the court, to be
made at the time of granting such new trial.
SEC. 6. All motions for new trials, and in arrest of judg
in arrest, to be ment, shall be made within four days after the trial, if the
term shall so long continue; and if not, then before the end
of the term.
made, when.
After arrest
proceedings
ARREST OF JUDGMENT.
SEC. 7. — When a judgment shall be arrested, the court
of judgment, shall allow the proceeding in which the error was, to be
may be amend- amended, in all cases when the same amendment might have
been made before trial, and the cause shall again be pro-
ceeded in, according to the practice of the court. (b)
ed.
Where the error is in the judgment of the jury on the facts, the party
should move for a new trial, and except to the judgment of the court over-
ruling the motion. Brun v. Dumay, 2 Mo. Rep., 102; Davis v. Scripps,
Ibid, 151; Montgomery v. Blair, Ibid, 153; Griffin & Kinote, v. Samuel,
6 Mo. Rep., 50. Vide, Stout v. Calver, 6 Mo. Rep., 254. An affidavit of
newly-discovered testimony, on motion for a new trial, should contain an
averment of due diligence. Smith v. Matthews, 6 Mo. Rep., 600.
A ver-
dict found upon conflicting testimony will not be disturbed.
Rennick v.
Walton, 7 Mo. Rep., 292; Fulkerson v. Bollinger, 9 Mo. Rep., 828. Vide,
Drury & Wiseman v. White, 10 Mo. Rep., 354; Floersh v. Bank of Missouri,
Ibid, 515; Benton v. Lindell, Ibid, 557. To justify a court in setting aside
a verdict merely on the ground that it is unsupported by evidence, the
weight of testimony must greatly preponderate against a verdict. Martin
v. Withington, 4 Mo. Rep., 518; Campbell & Maison v. Hood, 6 Mo. Rep.,
211; Craig v. Maupin, Ibid, 250; Lackey v. Lane & McCabe, 7 Mo.
Rep., 220; Watts v. Douglass, 10 Mo. Rep., 676. An affidavit for a new
trial, on the ground that a witness was absent, must show the facts to be
proved by such witness. Warren v. Ritter, 11 Mo. Rep., 354. In order to
correct an error of the circuit court in improperly granting a new trial, the
party complaining should tender his bill of exceptions and abandon his
case at that point. Martin v. Martin, 13 Mo. Rep., 36. Vide, Pogue v.
State, to the use of Harbin, 13 Mo. Rep., 444; Hoyt v. Reed, 16 Mo.
Rep., 294; State v. Cruise, Ibid, 391. A new trial will not be granted on
account of newly-discovered evidence which is merely cumulative. State
v. Larrimore, 20 Mo. Rep., 425.
(a) Vide, Hite v. Lenhart, 7 Mo. Rep., 22; Hill v. Deaver, 7 Mo. Rep.,
57. When a second new trial has been improperly granted, that matter can
only be corrected by a mandamus from the Supreme Court. Boyce v. Smith,
16 Mo. Rep., 317.
(b) Vide, Fenwick v. Logan, 1 Mo. Rep., 283; Hickman v. Byrd, 1 Mo.
Rep., 350; State v. Gaither, 1 Mo. Rep., 355; Lee v. Collins, 1 Mo. Rep.,
418 If the circuit court, sitting as a jury, find a defective verdict, its
judgment will not be reversed in the appellate court, unless a motion was
PRACTICE IN CIVIL CASES.
1287
CHAP. 128.
SEC. 8.—In such case, the party in whose proceeding the
first error was, shall pay all costs incurred thereby.
APPEALS.
SEC. 9.-Every person aggrieved by any final judgment
or decision of any circuit court, in any civil case, may make
his appeal to the Supreme Court. (a)
SEC. 10. The party appealing shall be known as the
appellant, and the adverse party as the respondent; but the
title of the action shall not be changed, in consequence of
the appeal.
Costs to be
paid by the
one who made
the first error.
Persons may
appeal to Su-
preme Court,
when.
Parties, how
designated on
appeal.
On what
conditions ap-
peal to be al-
SEC. 11.- No such appeal shall be allowed, unless: First,
It be made during the term at which the judgment or deci-
sion appealed from was given; and, Second, The appellant or lowed.
his agent shall, during the same term, file in the court his
affidavit, stating that such appeal is not made for vexation or
delay, but because the affiant believes that the appellant is
aggrieved by the judgment or decision of the court.
SEC. 12. Upon the appeal being made, the circuit court.
shall make an order allowing the appeal; and such allowance
thereof shall stay the execution in the following cases, and
no other: First, When the appellant shall be an executor or
administrator, guardian or curator, and the action by or
against him as such; Second, When the appellant, or some
responsible person for him, together with two sufficient secu-
rities, to be approved by the court, shall, during the term at
which the judgment appealed from was rendered, enter into a
recognizance to the adverse party, in a penalty in double the
made in the court below to arrest the judgment, and overruled. Davidson
v. Peck, 4 Mo. Rep., 438. After the court has given judgment on demurrer,
the same matter is never allowed to be urged in arrest of judgment. Free-
man v. Camden, 7 Mo. Rep., 298. Vide, Frost v. Pryor, 7 Mo. Rep., 314.
The Supreme Court will take cognizance of an erroneous judgment of an
inferior court, although no motion to set aside such judgment be made in
the inferior court. West v. Miles, 9 Mo. Rep., 167. An imperfect finding
can only be taken advantage of by motion in arrest. Finney v. State, to
use, &c., 9 Mo. Rep., 624. Vide, Woods v. State, to use of Rainey, 10 Mo.
Rep., 698. Lane v. Kingsberry, 11 Mo. Rep., 402. The improper granting
a new trial cannot be assigned for error. Emmerson v. Harriet, 11 Mo.
Rep., 413. A judgment against an infant, who appears by attorney, is
erroneous. Rush v. Rush, 19 Mo. Rep., 441.
(a) An appeal (in 1821) does not lie on a decree of the circuit court dis-
solving an injunction, such decree not being final; (Tanner v. Irwin & Cot-
tle, 1 Mo. Rep., 47;) nor on an incidental matter, the suit being yet unde-
termined; (George v. Craig, 6 Mo. Rep., 648;) nor until final judgment
has been rendered in the cause; (State v. Pepper, 7 Mo. Rep., 348; Gud-
gell & Austin v. Mead, 8 Mo. Rep., 53;) nor on a refusal to grant an in-
junction. Harrison v. Rush, 15 Mo. Rep., 175.
*A VOL. II.
Court to
make an order
allowing an
appeal; in
allowance
what cases the
shall stay exe-
cution.
Recogni-
zance.
1288
PRACTICE IN CIVIL CASES.
CHAP. 128.
amount of whatever debt, damages and costs, or damages
and costs, have been recovered by such judgment, together
with the interest that may accrue thereon, and the costs and
damages that may be recovered in the Supreme Court upon
the appeal, conditioned that the appellant will prosecute his
Condition. appeal with due diligence to a decision in the Supreme Court,
and shall perform such judgment as shall be given by the
Supreme Court, or such as the Supreme Court may direct
the circuit court to give, and if the judgment of such court,
or any part thereof, be affirmed, that he will comply with and
perform the same, so far as it may be affirmed, and will pay
all damages and costs which may be awarded against the ap-
pellant by the Supreme Court. (a)
Supreme
Court, or any
may grant an
SEC. 13.—The Supreme Court, or any judge thereof,
judge thereof, upon the inspection of a copy of the record, may grant an
appeal, by special order for that purpose, at any time within
one year next after the rendition of the final judgment or
decision in the cause.
appeal by spe-
cial order,
when.
Not to be
granted, un-
less error was
committed
materially af-
fecting the
merits of the
action.
Notice of
appeal, when
not taken du-
ring the term
of circuit
court.
of, shall not,
SEC. 14. No such order shall be granted by such court.
or judge, unless it appear, from an inspection of a copy of
the record, that error was committed by the circuit court
against the party applying for the order, and materially af-
fecting the merits of the action.
SEC. 15.— Unless the appeal be taken in the circuit court
during the term in which [the] judgment was rendered, notice
in writing of such appeal shall be given to the respondent,
at least twenty days before the commencement of the term
of the Supreme Court to which such appeal is to be sent.
Appeals SEC. 16. An appeal granted by the Supreme Court, or
granted by Su-
preme Court, any judge thereof, when the appellant is not an executor or
or judge there- administrator, guardian or curator, suing or sued as such,
unless appel- shall not operate as a stay of proceedings, unless a like re-
ecutor, &c., cognizance, as in case of other appeals in civil cases, be en-
stay proceed- tered into before the Supreme or circuit court, or a judge or
ings, unless
clerk thereof, and filed in the office of the clerk of the circuit
court in which the judgment appealed from was rendered.
lant be an ex-
recognizance
be given.
On filing re-
SEC. 17.-On filing such recognizance, there shall be a
cognizance,
proceedings stay of all further proceedings upon the judgment appealed
stayed, ex-
cept, &c.
(a) The Supreme Court will not award damages upon the affirmance of a
judgment, when the case has been appealed without a supersedeas. Haley
v. Scott, 18 Mo. Rep., 202.
PRACTICE IN CIVIL CASES.
1289
CHAP. 128.
from, except that perishable property may be sold, if the
circuit court, or judge thereof, shall deem the same necessary
and proper, and not injurious to the appellant; and, if sold,
the proceeds thereof shall be retained, subject to the order
of such court.
Amount of
bond, approv-
same.
When an ap-
peal is grant-
SEC. 18. The court, judge or clerk, taking such recog-
nizance, shall fix the amount or sum in which it shall be al and filing
taken, approve the same, and enter the approval thereon.
SEC. 19. When an appeal is granted by the circuit
court, or when an order made by the Supreme Court, or any
judge thereof, for an appeal, is filed, the clerk of the court in
which the judgment or decision from which the appeal is ta-
ken was rendered, shall, without delay, make out and send to
the clerk of the Supreme Court a complete copy of the re-
cord. (a)
DUTIES OF CLERKS.
SEC. 20.—Every clerk of a court of record shall, before
the commencement of each term of such court, make out
two dockets of all causes in which an issue of fact is to be
tried, and inquiry of damages to be made, a special verdict,
agreed case, demurrer, motion or other matter of law, to be
argued at such term; and shall arrange such causes upon the
docket in the same order in which they stand in the course of
proceeding, setting a proper proportion for each day.
SEC. 21. One of such dockets shall be known as the
"Court Docket," the other as the "Bar Docket," and shall
be arranged appropriately, with spaces for the names of at-
torneys, and brief statements of the orders and judgments
of the court in the respective cases. Such cases shall be
docketed as follows: First, All criminal cases; Second, All
civil cases for trial; Third, The return cases, showing
whether process has been served or not.
SEC. 22.—Every clerk who shall neglect or refuse to make
out such dockets, according to law, shall be fined by the court
any sum not exceeding one hundred dollars, for every such
offence.
(a) After an appeal has once been granted, the power of the inferior
court over the subject is exhausted. If the appeal is dismissed, or if, from
any cause, the party lose the benefit of it, he cannot take another appeal,
Brill v. Meek, 20 Mo. Rep., 358.
but must resort to his writ of error.
ed, clerk to
make out and
send up a
complete copy
of record.
Clerk to
docket the
causes before
the com-
mencement of
each term;
contents of
docket.
Dockets, how
known and ar-
ranged; cases,
how docketed.
Penalty for
failing to
dockets.
make out the
1290
PRACTICE IN CIVIL CASES.
Plaintiff may
dismiss his
CHAP. 128.
SEC. 23.-The plaintiff in any suit in any court of re-
suit in vaca- cord may dismiss such suit in the vacation of the court,
tion by pay- upon the payment of all costs that may have accrued therein.
ing costs.
failure of con-
MISCELLANEOUS PROVISIONS.
The want or SEC. 24. Whenever a specialty or other written con-
sideration, in tract for the payment of money, or the delivery of property,
whole or in or for the performance of a duty, shall be the foundation of
part, of a spe-
cialty
an action or defence, in whole or in part, or shall be given in
evidence in any court without being pleaded, the proper
party may prove the want or failure of the consideration, in
whole or in part, of such specialty or other written contract. (a)
Ο Σ
other written
contract, may
be proven.
Nothing in
last section to
affect a bond
fide endorsee.
Limitation
of motion to
SEC. 25. Nothing contained in the last preceding section.
shall affect or impair the right of any bona fide endorsee of
any contract in writing, made negotiable by the laws of this
State, when such instrument shall be negotiated before it
becomes due.
SEC. 26. Judgments, in any court of record, shall not be
set aside judg- set aside for irregularity, on motion, unless such motion be
made within three years after the term such judgment was
rendered.
ment.
Judgment re-
quiring per-
any other act
than the pay-
SEC. 27.-When a judgment requires the performance of
formance of any other act than the payment of money, a certified copy of
the judgment may be served upon the party against whom it
ment of mo- is given, and his obedience thereto required. If he neglect
or refuse, he may be punished by the court as for a contempt,
by fine or imprisonment, or both, and, if necessary, by
sequestration of property.
ney, how en-
forced.
Either party
may, on mo-
tion, obtain an
order to exam-
ine the other
on interroga-
tories.
OF THE EXAMINATION OF PARTIES ON INTERROGATORIES.
SEC. 28. Either party may apply to the court or judge,
by motion, in writing, for an order to examine the adverse
party on interrogatories, in relation to any fact or facts mate-
(a) If an article be of no value for the purpose for which it is purchased,
it will amount to a total failure of consideration. Barr v. Baker, 9 Mo. Rep.,
840. A plea alleging a want of title in the vendor must show specifically the
defect in his title. It is not sufficient to allege generally, that he had no title,
or that the fee-simple is in another. Copeland v. Loan, 10 Mo. Rep., 266.
Vide, Smith v. Winston, 10 Mo. Rep., 299; Fry v. Baxter, Ibid, 302; Wilson
v. Jackson, Ebid, 330; Shelton v. Pease, Ibid, 473; Wood v. Harris, 12 Mo.
Rep., 74.
NEW SYSTEM.
A general averment, that defendant does not owe the money sued for, or
any part thereof, is not sufficient. He must answer the petition by stating
the facts upon which he relies. Sapington v. Jeffries, 15 Mo. Rep., 628.
Vide, Doan v. Moss, 20 Mo. Rep., 297.
PRACTICE IN CIVIL CASES.
1291
CHAP. 123.
rial in the trial of any issue, or on the hearing of any motion,
then pending.
SEC. 29. — The motion shall state the facts he expects to
prove by the examination of the party, and be accompanied
by the interrogatories, and may be made either upon reason-
able notice to the adverse party, or his attorney, or upon a
rule to show cause at a certain time and place, to be served
as the notice.
SEC. 30.—The motion shall be verified by an affidavit to
the effect: First, That he believes the answer of the party
will be material evidence for him on such trial or hearing;
Second, That he believes he cannot prove the same facts, or
prove them so satisfactorily, by any other person; and,
Third, That the order is not asked to procure delay.
Motion must
state the facts,
panied by the
ries; notice to
interrogato-
be given.
and be accom-
Motion must
be verified by
affidavit, to
the effect spe-
cified.
What the
order of court
SEC. 31. The court or judge may thereupon make an
order that the party answer the interrogatories, or such of shall require.
them as the court or judge may specify, on oath, and file such
answer in the cause within such time as the court or judge
may direct.
SEC. 32. — If the party neglect or refuse to answer such
interrogatories, and file the same within the time specified in
the order, he shall be punished as for a contempt, and the
trial may be stayed until the order is complied with; or the
court may, by order, declare that the facts stated in the mo-
tion, which were expected to be proved by the answer, stand
admitted, and may be given in evidence accordingly.
SEC. 33. If the answer to the interrogatories be filed, it
may be used as evidence by either party; but the court or
jury trying the issue, or the court hearing the motion, shall
not be required to give it any other or greater weight than
they think, under all the circumstances, it is entitled to.
SEC. 34.-—If the answer to the interrogatories contain
new matter relevant to the issue or motion, but not respon-
sive to the interrogatories, such new matter may be given in
evidence by the party making the answer; but in that case,
the other party shall have a right to file his answer to, or in
explanation of, such new matter, on oath, in his own favor,
and it shall be received in evidence accordingly, subject, how-
ever, to the rule in regard to weight prescribed in the last
section.
SEC. 35. When any document, book, voucher or other
Party neg-
lecting, &c.,
to be punished
for contempt;
or the court
may order
that the facts
tion be used as
stated in mo-
evidence.
Answer to in-
terrogatories
may be used
as evidence by
either party.
If answer
contain new
matter, it shall
be used as evi-
case, the an-
dence; in such
swer of ad-
verse party to
such new mat-
ter, to be evi-
dence.
1292
PRACTICE IN CIVIL CASES.
where docu-
matter not
relevant.
CHAP. 128.
Proceedings writing, called for by any interrogatory, contains any mat-
ment, book, ters not pertinent to the subject matter of the action, the an-
&c., contain
swer may so state, and that such part has been sealed up, or
otherwise protected from examination, and thereupon such
part shall not be inspected by the party interrogating; but
such party may apply to the court, and obtain an order to
have liberty to inspect the part so protected from examina-
tion, or so much thereof as the court shall find, on hearing
the parties, (or, if necessary, by inspecting the part so pro-
tected,) was improperly withheld and concealed.
The party in-
terrogated not
obliged to cri-
minate him-
self, disclose
his title to
SEC. 36. The party interrogated shall not be obliged to
answer any question, or produce any document, the answer-
ing or producing of which would tend to criminate himself,
or disclose his title to any property, the title whereof is not
property not material to the trial of the action in which he is interrogated,
or to disclose the names of the witnesses by whom, or the
manner in which, he proposes to prove his own case.
in controver-
sy, &c.
Court may
perfect an-
made full and
SEC. 37. — If any answer shall contain irrelevant matter,
order an im- or shall not be full and clear, or if any interrogatory shall
swer to be not be answered, and the party interrogated shall refuse to
clear, irrele- strike out or amend, or to answer a particular interrogatory,
vant matter the court, on motion, may order such irrelevant matter to be
stricken out, or such imperfect answer to be made full and
clear, or such interrogatory to be answered within such time
as may seem reasonable.
stricken out,
&c.
What orders
may be made
in such cases
SEC. 38. — When an answer shall be adjudged irrelevant
or insufficient, or when a party shall be ordered to answer any
concerning interrogatory, the court may make such order respecting costs,
either in the action or otherwise, as may be deemed just.
costs.
Court may
enter a judg-
ment of non-
suit or by de-
fault, when.
Answer may
be read as evi-
SEC. 39.—If a party shall neglect or refuse to strike out,
amend or answer, according to the provisions of this article,
the court may enter a [judgment of] nonsuit or [by] default,
as the case may require, and proceed thereon according to law.
SEC. 40. — The answer may be read at the trial, by the in-
dence by interrogating party, as evidence, and the party interrogated
terrogating shall be entitled to require the reading of the entire answer,
party; if no
part be read if any part thereof is read; but the court or jury trying the
by him, the issue, or the court hearing the motion, shall not be required
to give it any other or greater weight than, under all the cir-
cumstances, it may be entitled to; but if no part of such an-
swer be read by the interrogating party, the party interro-
party inter-
rogated can-
not read it.
PRACTICE IN CIVIL CASES.
1293
CHAP. 128.
gated shall not read, nor in any manner avail himself of, his
examination, or of the fact that he has been examined.
SEC. 41. During the trial of any action, the court may
allow interrogatories to be filed and answered, with as little
delay as practicable, and may suspend the trial for the pur-
pose of having the same answered; but such interrogatories
must be accompanied by an affidavit, stating the reasons why
they were not filed earlier; and, unless the court upon the
whole matter, shall find that due diligence has been used, the
interrogatories shall not be filed.
SEC. 42. When the [an] order to examine a party resid
ing out of the State shall be made, a commission may issue,
having the interrogatories annexed, and authorizing any per-
son or officer named in the commission to take the signature
and oath to the answer.
SEC. 43. The provisions of this act shall not extend to
proceedings in county and probate courts, except so much of
the same as may be applicable to proceedings within their
respective jurisdictions, and necessary to perfect and give
sufficiency to such proceedings.
SEC. 44. The provisions of this act shall not apply to
actions and proceedings pending when it takes effect, but they
shall be conducted to final judgment, in all respects, as now
provided by law.
Interrogato-
ries may be
swered at the
diligence has
been used.
filed and an-
trial, if due
Commission
to issue to
take the ex
amination of a
non-resident.
This act shall
not extend to
proceedings
in county and
probate
courts, ex-
cept, &c.
This act shall
not apply to
proceedings
actions and
pending.
ARTICLE XIV.
PRACTICE IN THE SUPREME COURT.
2 1. When writs of error to issue? 8. Persons refusing to join, order
out of Supreme Court.
2. Writs of error, when and in
what cases to issue from cir-
cuit to county court.
3. All writs of error, when and in
what time to be brought.
4. Several defendants, and one or
more of them die, writ may
be brought by the survivor.
5. All living shall join in the writ
of error, except when other-
wise allowed by the Supreme
Court.
6. What plaintiff in error may an-
swer to allegations, that there
are other persons living who
ought to join.
7. Further answer to such allega-
tions, by proof on affidavit ;
proceedings thereon.
to be made on the record to
appear, &c.; proceedings in
such case.
9. Copy of such order to be served
on the party refusing, when
and how.
10. On the application of person
named in such order, he may
be permitted to join in the
writ, when.
11. Person named in such order,
and served with the same,
not appearing, proceedings.
12. Persons out of the State, not
joining in such writ, their
rights not impaired.
13. Persons who ought to join in a
writ of error, may be permit-
ted to do so, when; and pro-
ceedings.
1294
PRACTICE IN CIVIL CASES.
When writs
of error to is-
sue out of Su-
preme Court.
CHAP. 128.
2 14. In what cases, and when, exe- | 28. If all the defendants die after
cution to be stayed by writ
of error.
15. In what cases, and when, order
to be made by court or judge
to stay execution on writ of
error.
16. Order to stay execution to be
endorsed on the writ, when.
17. If no execution has issued, or,
if issued, not fully executed,
how to proceed to stay exe-
cution.
18. Notice of writ of error to be
served on adverse party; effect
of failure.
19. Writs of error and return there-
to, how made.
20. Penalty on clerk for failing to
make return of writ.
21. Appeals, when and to what
court returnable; transcript,
when to be filed; on failure,
proceedings.
22. In what manner the clerk is to
docket all cases, and give no-
tice in a newspaper.
23. When errors to be assigned; on
failure, judgment affirmed.
24. Joinder in error, when to be
filed.
25. Proceedings when one or more
of plaintiffs or defendants die
before joinder in error.
26. Proceedings when one or more
of plaintiffs or defendants die
after joinder in error.
27. If all the plaintiffs die after ap-
peal or writ of error, and be-
fore judgment, proceedings.
appeal or writ of error, and
before judgment, proceedings.
29. Husband may be joined with
his wife as plaintiff after ap-
peal or writ of error, when
and how.
30. Husband may be made co-de-
fendant with his wife before
judgment, how.
31. How persons may be substitut-
ed or become parties in cases
pending in Supreme Court.
32. Statement of case and points to
be made out and delivered to
the judges.
33. Exceptions not to be taken on
points not decided by circuit
court.
34. No judgment to be reversed ex-
36.
37.
cept for error committed
against appellant or plaintiffs
in error, and materially af-
fecting the merits of the ac-
tion.
35. Proceedings of the court on
appeal or writ of error, or
upon a special verdict.
Upon affirmance of judgment,
damages may be awarded.
Court divided in opinion, judg-
ment of circuit court affirmed.
38. Judgments of the Supreme
Court may be carried into ef-
fect, by execution, or the re-
cord may be remitted, with
their decision, to the circuit
court.
39. Duty of Supreme Court to frame
and promulgate certain rules.
SECTION 1.-Writs of error upon any final judgment or
decision of any circuit court, in all cases, are writs of right,
and shall issue, of course, out of the Supreme Court, in va-
cation as well as in term, subject to the regulations pre-
scribed by law. (a)
(a) A writ of error only lies upon a final judgment. Hill v. Young, 3 Mo.
Rep., 238; Martin v. Hays, 5 Mo. Rep., 62. So, it will lie on the decision
of a motion to require a sheriff to pay over money in satisfaction of an exe-
cution. Wise v. Darby, 9 Mo. Rep., 130. It will not lie on a judgment
overruling a demurrer; a final judgment on the demurrer must, also, be ren-
dered; (Palmer v. Crane, 8 Mo. Rep., 619;) nor for granting a new trial,
after the second trial is had; (Helm v. Bassett, 9 Mo. Rep., 51;) nor on a
judgment of nonsuit; but the party must move to set aside the nonsuit, and
preserve the evidence and proceedings in the cause, in a bill of exceptions;
(Robbins v. Stevenson & Hord, 5 Mo. Rep., 105: Atkinson v. Lane, 7 Mo.
Rep., 403; Crane v. Daggett, 10 Mo. Rep., 108;) nor will it lie from a
voluntary nonsuit taken upon the refusal of the inferior court to strike out
an answer as insufficient. Louisiana and Middletown Plank-road Company
v. Mitchell, 20 Mo. Rep., 432.
PRACTICE IN CIVIL CASES.
1295
CHAP. 128.
SEC. 2.—Writs of error shall issue on demand, as a mat-
ter of right, on the final decision or judgment of the county
court, from the circuit court, in term time or vacation, except
in relation to probate matters, within ninety days from such
judgment or decision.
Writs of er-
ror, when and
in what cases
to issue from
county court.
circuit to
All writs of
error, when
SEC. 3. All writs of error upon any judgment or deci-
sion of any court, in any case, whether civil or criminal, shall and in what
be brought within three years after the rendering of such judg-time brought.
ment or decision, and not thereafter. But persons within the
age of twenty-one years shall be allowed to bring their writs
of error in civil cases within three years after such disability
is removed.
SEC. 4.- If a judgment shall be rendered against several
persons, and one or more of them die, a writ of error may be
brought thereon by the survivors.
Several de-
fendants, and
one or more of
them die, pro-
ceedings.
All living
the writ
of er-
shall join in
ror, except
otherwise al-
SEC. 5.-If there be several persons, against whom any
judgment shall have been recovered, and entitled to bring a
writ of error thereon, living at the time of bringing such
writ, they shall all join in such writ, except where it is other-lowed by Su-
wise provided by law; and if any are omitted, the writ shall preme Court.
be quashed, on motion of the defendant in error, made at any
time before joinder in error, upon due proof of the facts, by
affidavits, unless one or more of such persons be allowed to
proceed by the Supreme Court.
SEC. 6. To the allegations of there being other persons
living who ought to join in such writ of error, if it be esta-
blished or admitted, the party prosecuting such writ may an-
swer, by due proof, on affidavit, that any of such persons not
joined are either incapable of consenting to join in such writ,
by reason of insanity or imbecility of mind, or that their con-
sent could not be obtained, by reason of their being absent
out of this State; and if the court shall be satisfied of the
truth of such answer, such party shall be allowed to prose-
cute such writ, without joining such person, in the same
manner as if they were joined.
SEC. 7.—To such allegation, the party prosecuting the
writ may, also, answer, by due proof, on affidavit, that appli-
cation has been made to any of the persons, not named in
such writ, to join therein, and that they have refused; in such
What plain-
tiff in
error
may answer to
allegations,
other persons
living who
that there are
ought to join.
Further an-
swer to such
by proof on
affidavit; pro-
ceedings
thereon.
allegations,
*A 2— VOL. II.
1296
PRACTICE IN CIVIL CASES.
Persons re-
fusing to join,
order to be
made on the
record to ap-
pear, &c.;
proceedings
in such case.
Copy of such
order to be
served on the
CHAP. 128.
case, the court shall stay further proceedings on such writ,
and on the motion to quash the same, until an order shall
have been duly served upon the person so refusing, as herein-
after provided.
SEC. 8.-The court shall thereupon cause an order to be
entered on its record, directing the persons so refusing to
join in such writ to appear in such court, within such time as
shall be prescribed therein, and there join in such writ of
error, and in the proceedings thereon, or to be forever.
precluded from bringing another writ of error on the same.
judgment.
SEC. 9.-A copy of such order shall be served on the
parties named therein, at least ten days previous to the time
party refus-
of
ing, when and
appearance therein specified, in like manner as an original
how.
writ of summons.
On the ap-
plication of
he may be
permitted to
join in the
SEC. 10. Upon the application of any person named in
person named such order, he may be permitted to join in such writ of error,
in such order, and in the proceedings thereon, upon the payment of the
costs of the proceedings to bring him into court, including
the motion to quash the writ of error, if it shall appear that
he refused to join in such writ on application, and without
just cause; and the writ and proceedings shall be amended by
inserting the name of such person.
writ, when.
Person
named in such
served with
SEC. 11. If any person named in such order do not ap-
order, and pear by the time therein specified, and join in such writ of
the same, not error, upon due proof of the service of such order, the de-
appearing, fault of such person shall be entered, and he shall thereby
be forever precluded from bringing any writ of error on the
same judgment, and the cause shall proceed in the same man-
ner as if such person had been named in such writ, and in
the proceedings thereon.
proceedings.
Persons out
of the State,
SEC. 12. When the name of any person out of this State,
not joining in or incapable of giving consent to the bringing of a writ of
such writ,
writ, error, shall be omitted in such writ, and the cause shall pro-
their rights
not impaired. ceed without such name, the rights of such person shall not
be impaired by the judgment on such writ, but he may bring
his writ of error in the same manner, separately, as if no
such former writ had been brought.
Persons
who ought to
join in a writ
of error may
do so, when.
SEC. 13.- Any person who ought to join in a writ of
error may be permited to do so, on his application, on such
PRACTICE IN CIVIL CASES.
1297
CHAP. 128.
terms as the court shall impose; and the writ and proceedings Proceedings.
shall be amended by inserting his name, and shall proceed as
in other cases.
SEC. 14.- No writ of error shall stay execution, unless
the Supreme Court, or some judge thereof in vacation, be
satisfied, upon an inspection of a copy of the record, that
there is error therein, and shall make an order allowing such
writ of error to stay the execution; and no such order shall
be made by a judge in vacation, after the expiration of ninety
days from the rendering of the judgment or decision com-
plained of.
SEC. 15.-No order, allowing a writ of error to stay the
execution, shall be made by the Supreme Court, or by any
judge thereof in vacation, except in the following cases:
First, Where the plaintiff in error was executor or admi-
nistrator in the original action, and such action was by or
against him as such; or, Second, Where the plaintiff in
error, or some responsible person for him, together with two
sufficient sureties, to be approved by the court or judge, or
by the judge of the circuit court, in which the judgment was
rendered, shall enter into a recognizance, before such court
or judge, to the adverse party, in a penalty sufficient to secure
whatever debt, damages and costs, or damages and costs, have
been recovered by the judgment complained of, together with
the costs and damages that may be recovered in the Supreme
Court, conditioned that the plaintiff in error will prosecute
such writ with effect, and pay the money that shall therein
be adjudged against him by the Supreme Court, or otherwise
abide the judgment of such court therein.
SEC. 16. The court or officer allowing a writ of error
to stay the execution shall cause an order to that effect to be
endorsed upon the writ, under the hand of the judge when
the same is made in vacation, and under the hand of the
clerk of the court when the same is made in term.
SEC. 17.—If no execution be issued, the exhibition of
such writ of error, so endorsed, to the adverse party or his
attorney of record, or the clerk of the circuit court where the
judgment or decision complained of was rendered, shall stay
the issuing of any writ of execution. If any execution shall
have been issued and not fully executed, upon the exhibition
of such writ of error to the officer charged with the execu-
In what
cases,
and
when, execu-
tion to be
stayed by writ
of error.
In what
cases, and
whien, order to
be made by
court or judge
to stay exe-
cution on writ
of error.
Order to
stay execu-
tion to be en-
dorsed on the
writ, when.
If no exe-
cution has is-
sued, or, if is-
sued, not fully
executed, how
to proceed to
stay execu-
tion.
1298
PRACTICE IN CIVIL CASES.
Notice
of
writ of error
CHAP. 128.
tion of the writ of execution, such officer shall proceed no
further in the execution thereof, but shall return the writ,
together with the reason of his not proceeding to the final
execution thereof.
SEC. 18.-Every person suing out a writ of error shall
to be served cause a notice thereof, in writing, to be served on the adverse
on adverse party, or his attorney of record, twenty days before the return
day of such writ. If such notice be not served, the writ shall
be dismissed, unless good cause for such failure be shown.
party; effect
of failure.
Writs of er-
ror and re-
turn thereto,
how made.
Penalty on
clerk for fail-
ing to make
return of
writ.
Appeals,
when and to
failure, pro-
ceedings.
SEC. 19.- Writs of error shall be returned, signed by the
clerk of the court to which such writ shall be addressed,
under the seal thereof.
SEC. 20. Any clerk failing to make return of any writ
to the Supreme Court shall be liable to be punished by such
court, on attachment, for his contempt, in the same manner
as officers of other courts for disobeying the process or orders
of such courts.
SEC. 21. — All appeals taken thirty days before the first
what court re- day of the next term of the Supreme Court, shall be return-
turnable; able in such next term; and all appeals taken in less than
transcript,
when to be thirty days before the first day of such next term, shall be
filed; O n
returnable in the second term thereafter. The appellant
shall cause to be filed in the office of the clerk of the Su-
preme Court, at least fifteen days before the term of such
court to which the appeal is returnable, a perfect transcript
of the record and proceedings in the cause: if he fail so to
do, and the appellee produce in court such transcript, and it
appear thereby that an appeal has been allowed in the cause,
the court shall affirm the judgment, unless good cause to the
contrary be shown.
In what
manner the
docket all
cases, and
a newspaper.
When errors
SEC. 22. It shall be the duty of the clerk to docket all
clerk is to causes from the same judicial circuit, in succession, in the
order of the circuits, setting not more than five causes for each
give notice in day, and a copy of the docket shall be printed in some news-
paper, at least ten days before the commencement of the term.
SEC. 23. On appeals and writs of error, the appellant
ed; on failure, and plaintiff in error shall assign errors on or before the first
judgment day on which causes from the same circuit are set for hear-
ing; in default of such assignment of errors, the appeal or
writ of error may be dismissed, or the judgment affirmed,
unless good cause for such failure be shown.
to be assign-
affirmed.
PRACTICE IN CIVIL CASES.
1299
CHAP. 128.
SEC. 24. — Joinders in error shall be filed within four days
after the filing of the assignment of error.
SEC. 25.—If there be several appellants or plaintiffs in
error, and one or more of them die before errors are as-
signed, such death shall be suggested by the surviving plain-
tiffs, and the errors shall be assigned by them; and if one or
more of several defendants die before joinder in error, such
death shall, in like manner, be suggested by the survivor,
and they shall plead to the assignment of errors.
SEC. 26.—If there be several appellants or plaintiffs in
error, and one or more of them die after errors assigned, or
if there be several appellees or defendants in error, one or
more of whom shall die after errors assigned, the appeal or
writ of error shall not thereby abate, but in either of such
cases such death shall be suggested on the record, and the
cause shall proceed at the suit of the surviving appellant or
plaintiff in error, or against the surviving appellee or de-
fendant in error, as the case may be.
SEC. 27.—If all the appellants or plaintiffs in error die
after the appeal taken, or writ of error brought, and before
judgment rendered thereon, the executors or administrators
of the last surviving plaintiff or appellant, or the heirs and
devisees of the plaintiff and appellant, in cases where they
would be entitled to bring writs of error, may be substituted
for such plaintiffs, and the cause shall proceed at their suit.
SEC. 28. If all the appellees or a sole appellee, or if all
the defendants or a sole defendant, in a writ of error, die,
after the appeal taken, or writ of error brought, and before
judgment therein, the executors and administrators, or heirs
and devisees, of such appellees or defendants, may be com-
pelled to become parties, and join in error, in like manner
as in an original suit.
SEC. 29.— If a female appellant, or plaintiff in error,
marry after the appeal taken, or writ of error brought, her
husband may be joined with her, on his application, and his
name shall thereupon be entered in the proceedings.
SEC. 30.—If a female appellee, or defendant in error,
marry after the appeal taken, or writ brought, and before
judgment, her husband may be made a co-defendant, on his
application, or the application of the adverse party.
Joinder in
error, when to
be filed.
Proceedings
when one or
more of plain-
tiffs or defend-
fore joinder in
error.
ants die be-
Proceedings
when one or
more of plain-
tiffs or defend-
joinder in
ants die after
error.
If all the
plaintiffs die
after appeal
or writ of er-
fore judg-
ment, pro-
ror, and be-
ceedings.
If all the de-
fendants die
after appeal or
writ of error,
and before
judgment,
proceedings.
Husband
joined with
wife as plain-
tiff after ap-
peal or writ
of error.
May be made
co-defendant
with his wife
before judg-
ment, how.
Persons sub-
stituted or be-
SEC. 31.-Persons may be substituted as parties, or com- come parties.
1300
PRACTICE IN CIVIL CASES.
:
Statement of
case, &c., to
Ke.
CHAP. 128.
pelled to become parties, in cases pending in the Supreme
Court, in like time and manner, and with like effect, as pro-
vided for in original suits in circuit courts.
SEC. 32.-On appeals and writs of error, each party
be made out, shall, on or before the day next preceding the day on which
the cause is docketed for hearing, make out and furnish the
court with a clear and concise statement of the case, and the
points intended to be insisted on in argument.
Exceptions
taken, when.
SEC. 33. No exception shall be taken in an appeal, or
are not to be writ of error, to any proceedings in the circuit court, except
such as shall have been expressly decided by such court. (a)
SEC. 34.- The Supreme Court shall not reverse the judg-
ment of any court, unless it shall believe that error was
committed by such court, against the appellant or plaintiff
in error, and materially affecting the merits of the action. (6)
No judgment
to be reversed
except, for
what errors.
(a) To entitle a party to the benefit of objections to any proceeding in
the circuit court, it should appear upon the record that the same objec-
tions were made in that court; (Steamboat Thames v. Erskine, 7 Mo. Rep.,
213; Long v. Story, 13 Mo. Rep., 4;) but an objection to an indictment
may be raised in the Supreme Court, although not made in the circuit court.
McWaters & Salmon v. State, 10 Mo. Rep., 167.
(b) If the circuit court improperly award execution, the party complain-
ing must move that court to set aside the execution, before it can be assigned
for error. Posey v. Buckner, 3 Mo. Rep., 413. Where a motion is made to
set aside the judgment of the court, and grant a continuance, because of
certain facts set forth in affidavits, the affidavits must be preserved in a bill
of exceptions. Pratt v. Rogers, 5 Mo. Rep., 51. So, also, the motion for
a new trial, and the grounds upon which it is asked. Benoist & Hackney v.
Powell & Wilson, 7 Mo. Rep., 224. Where a verdict is rendered, and no
motion to set it aside is made, the judgment will be affirmed. Higgins v.
Breen, 9 Mo. Rep., 493; Watson v. Pierce, 11 Mo. Rep., 358. If no mo-
tion for new trial be made, neither the action of the court in giving or re-
fusing instructions, or admitting or excluding evidence, nor of the jury in
finding the verdict, will be considered. Fugate & Kelly, v. Muir, 9 Mo.
Rep., 351; Rhodes v. White, 11 Mo. Rep., 623. The Supreme Court will
not interfere with the verdicts of juries, found upon the weight of evidence,
where no instructions have been asked. Hartt v. Leavenworth, 11 Mo. Rep.,
629; Penn v. Lewis, 12 Mo. Rep., 161. It is error in the court to give
an instruction that takes the whole case from the jury; (Morton v. Reeds,
6 Mo., Rep., 64;) also, to render judgment for a greater amount of da-
mages than that laid in the declaration; (Carr & Co. v. Edwards, 1 Mo.
Rep., 96; Beckwith v. Boyce, 12 Mo. Rep., 440;) also, to refuse to grant
a continuance to a party showing a good and sufficient cause, such as the ab-
sence of material witnesses. McKay v. State, 12 Mo. Rep., 492.
In case
of objections to the reading of depositions, the grounds of objection must
be specially pointed out. Duvall v. Ellis, 13 Mo., Rep., 203. The Supreme
Court will not consider any thing as a ground for reviewing a proceeding
or judgment of the circuit court, which has not been finally passed upon
by that court, either in a motion for new trial, if the alleged error has re-
lation to proceedings during the trial, or in arrest of judgment, if relating
to the pleadings. Floersh v. Bank of Missouri, 10 Mo. Rep., 515; Gordon
v. Gordon, 13 Mo. Rep., 215; Warner v. Morin, Ibid, 455. Vide, Tate v.
Barcroft, 1 Mo. Rep., 115; Dube v. Smith, Ibid, 223; Bellissime v. McCoy,
Ibid, 227; Wear v. McCorkle, Ibid, 419; Wathen v. English, Ibid, 534;
PRACTICE IN CIVIL CASES.
1301
CHAP. 128.
Proceedings
of the court on
of error,
Or
upon a special
SEC. 35.—The Supreme Court, in appeals or writs of
error, shall examine the record and award a new trial, re-appeal or writ
verse or affirm the judgment or decision of the circuit court,
or give such judgment as such court ought to have given, as
to them shall seem agreeable to law. When the facts in a
special verdict are insufficiently found, they may remand the
cause, and order another trial to ascertain the facts.
verdict.
Upon affirm-
SEC. 36. Upon the affirmance of any judgment or deci-
sion, the Supreme Court may award to the appellee, or de-ance of judg-
fendant in error, such damages, not exceeding ten per cent.
Finney v. Allen, 7 Mo. Rep., 416; Shepard v. Bank of Missouri, 15 Mo.
Rep., 143.
The evidence and proceedings in a cause cannot be reviewed
by the Supreme Court, unless they are preserved in a bill of exceptions.
(See, the cases affirmed by this decision.) Crane v. Taylor, 7 Mo. Rep.,
285; Knox v. Sikes, 15 Mo. Rep., 235. Vide, Knowles v. Mercer, 16 Mo.
Rep., 455; Knox v. Hunt & Labeaume, 18 Mo. Rep., 174. The Supreme
Court will presume the court below decided correctly, unless the record
shows the contrary. State v. Felps, 16 Mo. Rep., 384; Walter v. Cathcart,
18 Mo., Rep., 256. Vide, Douglass v. Stephens, 18 Mo. Rep., 362. The
Supreme Court will not reverse a judgment, unless it appear that error
was committed by the circuit court, materially affecting the merits of the
case. Shobe v. Morris, 6 Mo. Rep., 489, and the cases therein affirmed;
Glasgow & Harrison v. Moore & Feazel, 9 Mo. Rep., 834; Laurent v. Mul-
liken, 10 Mo. Rep., 495; Garneau v. Herthel, 15 Mo., Rep., 191; Gobin v.
Hudgens, Ibid, 400; Carroll v. Paul, 16 Mo. Rep., 226; State v. Cruise,
Ibid, 391; State v. Jennings, 18 Mo. Rep., 435. The Supreme Court will
not interfere with the decisions of inferior courts upon their own rules.
State v. Fenly, 18 Mo. Rep., 445. Fide, Carroll v. Paul, 19 Mo. Rep.,
102; McDermott v. Barnum & Moreland, Ibid, 204. Neither a criminal or
civil case will be reversed merely because the verdict was against the weight
of evidence. State v. Anderson, 19 Mo. Rep., 241. Vide, Pomeroy v.
Brown & Durley, 19 Mo. Rep., 302; Swartz v. Chappell, Ibid, 304; Dick-
erson v. Apperson, Ibid, 319; State v. Leapfoot, Ibid, 375; Lee v. Lee, Ibid,
420. The Supreme Court can correct no error in a judgment in favor of
the appealing party, against a party who does not appeal. Delassus v. Pos-
ton, 19 Mo. Rep., 425. Judgment reversed, because the instructions were
calculated to mislead the jury; (Klamp v. Rodewalt, 19 Mo. Rep., 449;)
because the court instructed the jury that there was no evidence on a given
point, when the record showed otherwise. Morse v. Maddox, 19 Mo. Rep.,
451. Vide, Wageman v. Jordon, 19 Mo. Rep., 503; Rogers v. McCune,
Ibid, 557; Moore v. Turner, Ibid, 642; (Shulter v. Bockwinkle, Ibid, 647,
affirmed;) Dumey v. Schoeffler, 20 Mo. Rep., 323. The Supreme Court
cannot review the action of the inferior court upon a motion to strike out
parts of an answer, when they are referred to in the record, by line and
page of the original. State, to use, &c., v. Steinman & Lauman, 18 Mo.
Rep., 201; Robinson v. Rice, 20 Mo. Rep., 229. The Supreme Court will
not reverse a judgment for excessive damages, unless in a very clear case.
Woodson v. Scott, 20 Mo. Rep., 272; Barth v. Merritt, Ibid, 567. Vide,
Mathews v. Rountree, 20 Mo. Rep., 282; Garner v. Beauchamp, Ibid, 318;
Stone v. Corbett, Ibid, 350; Hull v. Dowdall, Ibid, 359; Dowd v. Winters,
Ibid, 361; Cullum v. Cundiff, Ibid, 522; Keeton v. Keeton, Ibid, 530. In
a trial in the court below of a case appealed from a justice of the peace, de-
elarations of law must be asked, and the material evidence preserved in a
bill of exceptions; otherwise, the case will not be reviewed in the Supreme
Court. Clohecy v. Ragan, 20 Mo. Rep., 453.
ment, da-
mages may be
awarded.
1302
PUBLIC PRINTER.
When judg-
ment of circuit
CHAP. 129.
on the amount of the judgment complained of, as may be
just.
SEC. 37. When the Supreme Court shall be divided in
judgment or decision of the circuit court shall
court affirmed opinion, the
be affirmed.
Judgments
of the Su-
preme Court
may be car-
ried into ef-
fect, how.
Duty of Su-
preme Court
to frame and
certain rules.
SEC. 38. The Supreme Court, upon the determination of
any cause in appeal or error, may award execution to carry
the same into effect, or may remit the record, with their
decision thereon, to the court from whence the cause came,
and such determination shall be carried into execution by
such court.
SEC. 39.-It shall be the duty of the Supreme Court to
frame and promulgate, and, from time to time, as may be
promulgate needful, change rules, prescribing what parts or portions of
depositions, papers, records, entries, returns, process and
other proceedings, belonging to a cause, as may not be neces-
sary to the proper adjudication of any question arising upon
appeal or writ of error, may be omitted from the record to
be prepared and forwarded by the clerk of the proper court
below to the Supreme Court, in cases taken or brought to
such court, by appeal or writ of error.
Approved December 12, 1855.
CHAPTER CXXIX.
PUBLIC PRINTER.
AN ACT TO PROVIDE FOR ELECTING À PUBLIC PRINTER.
3 1. Office of Public Printer esta-13
blished.
8.
The printing is to be superin-
tended by certain officers.
9.
2. To be elected by joint vote of
the Legislature.
3. Certificate of election to be fur-
nished; he must give bond,
take an oath, &c.
4. Bond payable to State, amount
of penalty, condition thereof.
5. To be elected at each session for
two years.
6. Governor to fill vacancies du-
ring recess.
7. What printing shall be done by
him.
Book printing in certain type,
and a certain quantity on a
page; a different type for
head-notes and index.
10. Job-work for the Legislature
and Executive to be in small
pica type.
11. Advertisements, &c., in brevier
type, and what shall be con-
sidered a square.
12. Public printing to be done skill-
fully and promptly.
13. Prices for printing blank forms.
PUBLIC PRINTER.
1303
CHAP. 129.
advertisements, &c., in news-
8 14. Price for printing bills, reso-8 22. Price per square for printing
lutions or documents, for the
General Assembly or either
housc.
15. The time in which Printer must
be furnished with a copy of
the laws, and when he must
print and bind the same.
16. The time the journals are to be
printed, folded, stitched and
pressed.
17. At the revision session, the Pub-
lic Printer to print and bind
the local and private acts only.
18. Price for laws, journals, and
all other book-printing.
19. Price for binding with strong
paper cover.
20. Manner of, and compensation
for, binding laws of each ses-
sion, and private acts passed
at a revising session.
21. Manner of, and compensation
for, binding journals.
23.
24.
paper.
Price for rule and figure work.
Accounts of Printer for print-
ing the laws to be examined
by Secretary of State, and
paid out of the treasury.
25. The accounts for job-work for
the Legislature to be examined
by the committee, and paid
out of the State treasury,
also.
26. Copy of the journal of each
house to be furnished the
Printer every day.
27. Duty of the committees of the
Senate and House on public
printing.
28. This act not to affect existing
contracts for printing.
29. This act may be repealed or al-
tered at pleasure by the Le-
gislature.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.There is hereby established an office, to be
called the office of Public Printer.
SEC. 2. A Public Printer shall be elected at every regu-
lar session of the General Assembly, by joint vote of the
two houses, which election shall take place on the fourth
Monday of January of such session.
SEC. 3.The President of the Senate and Speaker of the
House of Representatives, shall, without delay, furnish to the
person elected as Public Printer, a certificate of his election;
and, within ten days after receiving the same, he shall give
bond and security, and he shall take the oath of office, and
enter upon the discharge of his duties, at such time as is
hereinafter provided for; and if he fail to do so, his office
shall become vacant.
SEC. 4.—The bond of the Public Printer shall be given to
the State of Missouri, shall be signed by at least five good
securities, shall be in the penalty of ten thousand dollars,
shall be conditioned for the faithful and punctual perform-
ance of all the duties of his office, and be approved by the
President of the Senate and Speaker of the House of Re-
presentatives, and shall be, without delay, filed in the office
of the Secretary of State, and by him recorded with other
official bonds.
*B VOL. II.
Office of
Public Printer
established.
To be elect-
ed by joint
gislature.
vote of the Le-
Certificate of
election to be
furnished.
He shall give
bond and take
an oath.
Bond pay-
able to State :
amount of
penalty; con-
dition thereof.
1304
PUBLIC PRINTER.
To be elect-
ed at each ses-
CHAP. 129.
SEC. 5. The Public Printer, to be elected at each session
sion for two of the General Assembly, shall hold his office for two years,
years.
Governor to
all vacancies
during recess.
What print-
ing shall be
done by Pub-
lic Printer.
The printing
to be superin-
tended by cer-
tain officers.
Book-print-
ing to be on
commencing on the first day of May next thereafter, and
until his successor shall be elected and qualified; and the
Public Printers thereafter elected, shall hold their office for
two years, and until their successors shall be elected and
qualified.
SEC. 6. If the Public Printer should die, resign, or if,
from any other cause, the office should become vacant, the
Governor shall appoint a Public Printer, who shall give bond
and qualify, and shall hold his office for the same time that
the printer in whose stead he shall be appointed would have
held. (a)
SEC. 7.- The Public Printer shall print the laws, the
journals of the two houses of the General Assembly, the
public documents ordered to be printed by the General As-
sembly, and all forms and blanks that may be required to
supply the offices of Governor, Auditor, Treasurer, Secretary
of State, Adjutant-General, Register of Public Lands, and
Superintendent of Common Schools; and shall, also, print
the bills, resolutions, documents, and other job printing of
either of the two houses of the General Assembly; and shall
publish [in] a weekly newspaper, to be printed at the City of
Jefferson, all proclamations, orders, notices and advertise-
ments, of the officers above enumerated, except such as the
said officers may consider more for the public interest to be
published in other parts of the State; and the Public Printer
shall do all other public printing for the State, unless other-
wise expressly ordered by law.
SEC. 8.The printing of the laws and journals shall be
done under the general superintendence of the Secretary of
State, and the other public printing under the general super-
intendence of the officer ordering the same.
SEC. 9. The laws, journals, and all other printing in
small pica book-form, shall be executed with small pica type, in pages
type; number to contain at least seventeen hundred ems, and shall be
page; head- printed on strong fair paper, of a good quality, to be approved
notes and in- of by the Secretary of State. The rule and figure work, head-
of ems to a
dex to be in
brevier.
(a) The failure of the General Assembly to elect a Public Printer did
not create a vacancy which the Governor could fill by appointment. The
State, at the relation of Treadway, v. Lusk, 18 Mo. Rep., 333.
PUBLIC PRINTER.
1305
CHAP. 129.
notes and indexes, printed by the Public Printer, shall be in
brevier type.
SEC. 10. The bills, resolutions, documents and other job-
work, of the Legislature and of the executive officers, shall,
unless otherwise ordered, be printed with small pica type, on
like good paper, and in such form as may be directed by the
committee or officer having the superintendence thereof.
Job-work
for Legisla-
ture and Go-
vernor to be
in small pica
type.
Advertise-
ments, &c., to
Public print-
SEC. 11.- The proclamations, orders, notices and adver-
tisements in the newspaper, shall be printed in brevier type, be in brevicr.
and two hundred and eighty ems shall be considered a square.
SEC. 12. All the public printing shall be done in a neat,
substantial, workmanlike manner, and shall be promptly per-
formed and delivered, so that the public business shall not be
delayed, nor the public interest permitted to suffer from any
failure to have the work done in a proper time.
skillfully and
promptly.
ing to be done
Prices for
forms.
SEC. 13. For printing blanks and forms, the Public
Printer shall receive sixty-two and a half cents for the first Printing
eight quires, each, and for every additional quire, fifty cents
each; but in printing such blanks and forms, no charge shall
be allowed for unnecessary blank paper, or constructive ser-
vices of any kind.
Prices for
-
Legislature.
SEC. 14.- For printing bills, resolutions or documents,
ordered by the General Assembly, or either house thereof, job work for
the Public Printer shall receive fifty cents per thousand ems
for the first hundred copies, and ten cents per thousand ems
for every hundred copies additional; and all bills, resolutions
and documents, shall be executed in close work, and without
any unnecessary blank paper attached to the same.
SEC. 15.- The Secretary of State shall furnish to the
Public Printer, within fifteen days after the adjournment of
the General Assembly, at each session, a copy of all acts,
memorials and joint resolutions, passed at such session; and
the Public Printer shall, within forty days after such copy
shall be furnished to him as aforesaid, print all the copies
that may, by law, be required, passed at such session; and the
Secretary shall, within ten days after the same are printed,
make out and deliver to the Public Printer an index to the
same, who shall, within thirty days, print the same, and de-
liver to the Secretary of State such copies of the laws, bound
in such manner, as may be, by law, required.
Time in
which the
Printer must
be furnished
the laws, and
with a copy of
when he must
the same.
print and bind
The time
when the jour-
nals are to be
SEC. 16. — Within sixty days after the adjournment of printed, &c.
1
1306
PUBLIC PRINTER.
СНАР. 129.
each session of the General Assembly, the Public Printer
shall print, and deliver to the Secretary of State, such num-
ber of copies of the journals of each house of the General
Assembly as they may direct, folded, stitched, pressed, and
covered with a strong paper cover; and such number of
copies of public documents as may be ordered, which shall
be folded, stitched, pressed and covered, in the same manner.
SEC. 17. At the session at which the general revision of
the laws takes place, the Public Printer shall print such num-
ber of copies as the General Assembly may direct, of the
and private private and local acts, which shall be stitched, folded,
pressed, and covered with a strong paper cover, and de-
livered to the Secretary of State within sixty days after the
adjournment of the Legislature.
At the revi-
sion session,
Public Printer
to print and
bind the local
acts only.
ing.
Price for
SEC. 18.- For printing the laws and journals, and all
book-print- other book-work, when the number of copies ordered to be
printed shall not exceed one thousand, the Public Printer
shall be allowed forty cents per thousand ems for the first
hundred copies, and five cents per thousand ems for every
additional hundred copies; when the number of copies or-
dered to be printed shall exceed one thousand, and be less
than two thousand, the Public Printer shall be allowed thirty
cents per thousand ems for the first five hundred copies, and
five cents per thousand ems for every additional hundred
copies; when the number of copies ordered to be printed
shall exceed two thousand, and be less than four thousand,
the Public Printer shall be allowed twenty-five cents per
thousand ems for the first five hundred copies, and five cents
per thousand ems for every additional hundred copies; when
the number of copies ordered to be printed shall exceed four
thousand, the Public Printer shall be allowed twenty cents
per thousand ems for the first five hundred copies, and four
cents per thousand ems for every additional hundred copies.
SEC. 19. For pressing the sheets, folding and stitching,
binding with and covering with a strong paper cover, each volume thus to
be executed, the Public Printer shall receive six and a quar-
ter cents per volume.
Price for
strong paper
covers.
Manner of,
and compen-
SEC. 20. The laws and joint resolutions of each session
sation for, shall be substantially half-bound, in one volume, with leather
binding laws backs and corners, and lettered; and for each volume thus
bound, the Public Printer shall receive thirty-five cents. The
of each ses-
sion.
PUBLIC PRINTER.
1307
CHAP. 129.
private and local acts, passed at the revising session, shall be
bound in the same manner, and at thirty-five cents per
volume.
And pri-
vate acts
passed at a re-
vising session.
Manner of,
and compen-
sation for,
nals.
SEC. 21.-The journals of each house shall be substan-
tially half-bound, with leather backs and corners, and let-
tered. The reports and public documents shall be con- binding jour-
tained within the journal, as at present, under the head of
appendix; and for binding each volume of the journals and
appendix, as above provided, the Public Printer shall receive
thirty-five cents.
Acts 1849,
p. 110.
Price, per
square, for
printing ad-
SEC. 22.- For all proclamations, orders, notices, adver-
tisements and other matter, published for the State, in his
newspaper, the Public Printer shall receive fifty cents per vertisements.
square, of two hundred and eighty ems, for the first inser-
tion, and half that amount for every subsequent insertion.
SEC. 23.- For all rule and figure work, the Public Printer
shall receive fifty per cent. more than the prices allowed for
plain work under this act.
SEC. 24. The accounts of the Public Printer, for print-
ing and binding the laws, journals, and for all book-work,
and for all advertisements, forms and job-work, done for the
executive officers, shall be lawfully and strictly examined by
the Secretary of State, and so much as appears to be justly
due to the Public Printer, under his contract, shall be certi-
fied to the Auditor of Public Accounts, who shall draw his
warrant on the treasury therefor, payable out of any funds.
appropriated for that purpose.
SEC. 25.-The accounts of the Public Printer for bills,
resolutions, documents, and all other job-work for each house
of the General Assembly, shall be carefully and strictly ex-
amined by a committee, and so much as is justly due to him.
shall be certified to the Auditor, by the presiding officer of
the house for which the work was done; and thereupon the
Auditor shall draw his warrant on the treasury, in favor of
the Public Printer, for the amount thus certified.
SEC. 26. The secretary of the Senate and the chief clerk
of the House of Representatives, shall each furnish to the
Public Printer, every day during the session of the General
Assembly, a copy of the journal of his house for the day
preceding, till the whole journal shall be thus copied and
delivered.
Price for
rule and figure
work.
Accounts of
Printer for
printing laws,
how audited
and paid.
Accounts
for job-work
for the Legis-
lature, how
audited and
paid.
Copy of the
journal of
each house to
be furnished
every day.
the Printer
1308
QUO WARRANTO.
Duty of the
committees of
the Senate and
House on pub-
lic printing.
This act not
to affect ex-
CHAP. 130.
SEC. 27.—It shall be the duty of the Senate and House
committees on public printing, at each session of the General
Assembly, to act jointly, and, as far as practicable, to have
all printing of the same matter, ordered by the two houses,
done as one and the same job.
SEC. 28.- Nothing contained in this act shall, in any
isting con- wise, interfere with existing contracts for printing the laws
and journals of the present session.
tracts.
Power to al-
ter or repeal
retained.
SEC. 29. This act may be amended, modified and re-
pealed, by the Legislature at pleasure, and shall apply to the
public printing and binding done at the present session of the
General Assembly.
This act to take effect and be in force from and after its
passage.
Approved December 6, 1855.
Information
in nature of,
ed, when.
CHAPTER CXXX.
QUO WARRANTO.
AN ACT CONCERNING WRITS OF QUO WARRANTO.
21. Information in nature of, to be ? 4. Appearance and plea, when,
exhibited, when.
2. What shall be named in the in-
formation; how to proceed.
3. Several rights may be included
in one information, by leave
of court.
5.
and proceedings thereon.
Defendant found guilty, judg-
ment; defendant acquitted,
judgment.
6. Time may be allowed parties
to plead, &c.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.In case any person shall usurp, intrude into,
to be exhibit or unlawfully hold or execute, any office or franchise, the
Attorney-General, or circuit attorney of the proper circuit,
with the leave of any circuit court, shall exhibit to such court
an information in the nature of a quo warranto, at the rela-
tion of any person desiring to prosecute the same. (a)
(a) Bellows, ex parte, 1 Mo. Rep., 80; State v. The St. Louis Perpetual
Marine, Fire and Life, Insurance Company, 8 Mo. Rep., 330; Kayser v.
Trustees of Bremen, 16 Ibid, 88; State v. Scott, 17 Ibid, 521.
QUO WARRANTO.
1309
CHAP. 130.
SEC. 2.-The relator shall be named as such, in the in-
formation against such person, as usurping, intruding into,
or unlawfully holding or executing, any such office or fran-
chise, and shall proceed thereon in such manner as is usual
in cases of information in the nature of a quo warranto.
SEC. 3. If it shall appear to such court, that the several
rights of divers persons to the same office or franchise may
properly be determined on one information, the said court
may give leave to exhibit one information against several
persons, to try their respective rights to such office or fran-
chise.
What shall
be named in
the informa-
tion; how to
proceed.
Several
rights may be
included in
one informa-
tion, by leave
of court.
Appearance
and plea,
SEC. 4. Such person, against whom an information in
the nature of a quo warranto shall be prosecuted, shall ap- when, and
pear and answer at the same term in which the said informa-proceedings
tion shall be filed, unless the court shall give further time;
and such person prosecuting such information shall proceed
thereupon with the most convenient speed.
thereon.
ment.
SEC. 5.—In case any person, against whom any such in- Defendant
formation in the nature of a quo warranto [shall be prose-judgment; ac-
found guilty,
cuted,] shall be adjudged guilty of any usurpation [of,] or quitted, judg-
intrusion into, or unlawfully holding and executing, any office
or franchise, it may be lawful for the court as well to give
judgment of ouster against such person, from any of the said
offices or franchises, as to fine such person for his usurpation
[of,] intruding into, or unlawfully holding and executing, any
such office or franchise, and to give judgment that the relator,
in such information named, shall recover his costs of such pro-
secution; and if judgment shall be given for the defendant in
such information, he shall recover his costs against such relator.
SEC. 6. The court in which any information shall be ex-
hibited shall allow to the relator and the defendant such con-
venient time to answer, reply or demur, as shall seem just plead, &c.
and reasonable.
Approved November 20, 1855.
Time may
be allowed
parties to
1310
RECORDS-PUBLIC.
CHAP. 131.
·
Officer to
CHAPTER CXXXI.
RECORDS-PUBLIC.
AN ACT TO RECOVER PUBLIC RECORDS.
2 1. Officer to deliver his records | 8. Any person aggrieved by the
and papers to successor.
2. When such officer dies, his ex-
ecutors or administrators to
deliver same.
3. Penalty on officer for failing to
make such delivery.
4. Officer liable for illegal deten-
tion of same.
5. When office is vacated, on fail-
ure to deliver records and
papers, who may issue war-
rant for their seizure.
6. Authority given the officer in
executing the writ.
7. Penalty on officer for not exe-
cuting the writ.
issuing of such writ may
have citation issued, &c.; to
be served, how.
9. Obedience may be enforced to
such citation.
10. Private person in possession of
public records, to deliver
same to proper officer.
11. On failure to do so, how pro-
ceeded against.
12. Power in courts of record to
order records to be rebound;
to have same transcribed,
when.
13. The transcripts to be evidence,
and to what extent.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.—If any civil or military officer, having any
deliver his re-record, books or papers, appertaining to any public office, or
cords and pa-
pers to
cessor.
suc- any court, shall resign, or his office be vacated, he shall de-
liver to his successor all such records and papers.
Executor or
administrator
SEC. 2.-When such officer shall die, his executor or ad-
shall deliver ministrator shall deliver such records, books and papers, to
them, when.
his successor.
Penalty on SEC. 3.—If any such officer, or the executor or adminis-
officer for fail-trator of such officer, shall fail to deliver such records, books
ing to make
such delivery. or papers, he or they shall forfeit not more than one thou-
sand, nor less than one hundred dollars, to be recovered by
civil action or indictment, to the use of the county.
Officer lia- SEC. 4. Such officer, or the executor or administrator of
ble for illegal
detention of such officer, shall pay to any person injured by the detention
of such records, books or papers, all damages which may
accrue to him, to be recovered by civil action.
same.
When office
is vacated, on
liver papers,
SEC. 5.-If any person whose office has become vacated,
failure to de- or his executors or administrators, shall fail to deliver any
who may is record, book or paper, to the person entitled to the same, any
sue a warrant judge of the Supreme or Circuit Court, upon the affidavit of
any credible person setting forth the facts, may issue his
for their sei-
zure.
RECORDS-PUBLIC.
1311
CHAP. 131.
warrant, directed to the sheriff, marshal or coroner, com-
manding him to seize all the records, books and papers, ap-
pertaining to such office, and deliver them to the proper
officer named in such warrant.
SEC. 6. The officer executing such warrant may break
open any doors, trunks or places, in which any records,
books or papers, named in such warrant may be, or in which
he may suspect them to be, and may arrest any person who
shall resist the execution of such warrant, and carry him
before some judge or justice of the peace, to be dealt with
for obstructing the execution of process.
Authority
given the offi-
ing the writ.
cer in execut-
Penalty on
the officer for
not executing
SEC. 7.- Any officer to whom any such warrant may be
directed and delivered, who shall fail to execute or return the
same, or to perform any duty required of him in relation the writ.
thereto, shall forfeit not more than one thousand, nor less
than one hundred dollars, to be recovered by indictment,
or by civil action, to the use of the county.
Person ag-
issuing of
such
grieved by the
writ
may have ci-
SEC. 8.—Any person aggrieved by any such warrant may
apply to any judge of the Supreme or Circuit Court, who,
upon affidavit of the applicant that injustice has been done,
or is about to be done, by such warrant, shall issue a citation
to all persons interested, commanding them to appear before &c.
him, at a place and time named in the citation, which shall be
served by the sheriff, marshal or coroner.
SEC. 9. The judge may enforce obedience to such cita-
tion by attachment, and shall proceed in a summary manner,
and determine [the proceeding] according to right and jus-
tice, and may issue his warrant for the restoration of any
book, record or paper, found to have been improperly seized.
SEC. 10. If any private person shall have or obtain pos-
session of any books, records or papers, appertaining to any
public office, he shall deliver them to the officer entitled to
the same.
tation issued,
Obedience
may be en-
forced to such
citation.
Private per-
sion of public
records shall
son in posses-
deliver them,
to whom.
Failing to
do so, how
SEC. 11.-If any person fail to do as required in the pre-
ceding section, he shall be proceeded against, in all respects, proceeded
as is provided for in cases of officers, by this act.
of
SEC. 12. - The judges and justices of the several courts
of record within this State shall have power to order
any
the books or records in the clerks' offices of their respective
courts to be rebound; or, when obliterated, torn, or in a
ruinous condition, to be transcribed in new books; and shall
*B 2-VOL. II.
against.
Courts may
order records
to be rebound;
to have same
transcribed,
when.
1312
RECORDERS' OFFICES.
CHAP. 132.
New section. make a reasonable allowance therefor, which shall be charge-
able to the proper county, and payable out of the county
treasury. (a)
The tran-
scripts to be
evidence, and
to what ex-
tent.
New section.
SEC. 13. After any book or record that shall be so
transcribed is examined by the judge or justices of such
courts, respectively, ordering the same to be transcribed, and
he or they shall make an order on the records of the court
that the same is correct, the same faith and credit shall be
given to the transcript, that the book or record transcribed
was entitled to.
Approved November 20, 1855.
CHAPTER CXXXII.
RECORDERS' OFFICES.
AN ACT TO ESTABLISH RECORDERS' OFFICES.
21. Office of recorder in each 19. Liability of recorder for neg-
county.
2. Where such office shall be kept.
3. Duty of recorder.
4. Circuit clerks to be recorders;
exception.
5. Clerk to give bond before en-
tering on the duties of re-
corder; condition thereof.
6. Bond, where deposited.
7. Penalty for entering on duties
without giving bond.
8. What seal recorder shall use.
9. County court to settle accounts
of recorder.
10. What it shall be the duty of
recorder to record.
11. Certain instruments to be re-
corded in separate books.
12. List of instruments deposited
for record to be kept.
13. Manner of recording.
14. Certificate to be made on in-
strument recorded.
15. Index of such instruments kept.
16. What the index shall contain.
17. Index to marriage contracts,
to be kept.
18. Index to book of officers' com-
missions and bonds.
lect of duty.
20. Penalty, also, for neglect of
duty.
21. Fees to be paid or tendered,
before, &c.
22. Patents may be recorded; fees
of recorder.
23. Copies of such patents shall
be evidence, when and to
what extent.
24. A recorder to be elected in the
county of St. Louis. His
qualifications and term of
office.
25. Elected, when; enter on duty,
when; to give bond, when
and for what amount.
26. Such elections for recorder,
how conducted.
27. If a tie, new election; if con-
tested, determined by county
court.
28. Vacancies, how filled.
29. To keep an account of fees.
A certain surplus to be paid
into county treasury, when
and for what purpose.
30. To keep a seal of office; his
powers, &c.
(a) The loss or destruction of a record being first proved, its contents may be proved by
secondary evidence. Graham v. O'Fallon, 3 Mo. Rep., 354.
RECORDERS' OFFICES.
1313
CHAP. 132.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.- There shall be an office of recorder in each
county, to be styled the recorder's office.
SEC. 2.-Such office shall be kept at the seat of justice in
each county.
1
Office of re-
corder in each
county.
Where to be
kept.
Duty of re-
SEC. 3. The recorder shall duly attend the service of
such office, and provide the same with large, well-bound corder.
books, wherein shall be recorded, in a fair and legible hand,
all insruments of writing authorized or required to be
recorded.
Circuit
clerks to be
SEC. 4. The clerks of the circuit courts, except the
clerk of the Circuit Court of St. Louis county, shall be ex recorders; ex-
officio recorders in their respective counties.
SEC. 5.-Every clerk, before entering on the duties of his
office as recorder, shall enter into bond to the State, in a sum
not less than fifteen hundred, nor more than twenty thousand
dollars, at the discretion of the judge of the court of which
he is clerk, with sufficient securities, to be approved by said
judge, conditioned for the faithful performance of the duties
enjoined on him, by law, as recorder, and for the delivering
up of the records, books, papers, writings, seals, furniture
and apparatus, belonging to the office, whole, safe and unde-
faced, to his successor.
SEC. 6. Such bonds shall be deposited in the office of
the Secretary of State, and by him recorded.
SEC. 7.-No recorder shall enter upon or officiate in his
office before he has given such security, upon pain of forfeit-
ing the sum of three hundred dollars, one-half to the county,
and the other half to him who shall sue for the same, to be
recovered by civil action.
SEC. 8. The recorder shall use the seal of the court of
which he is clerk, in all cases in which his official seal is to be
affixed.
SEC. 9.-It shall be the duty of the county court to audit
and settle the accounts of recorders, for books purchased for
the use of their offices, and allow, in their discretion, such
sums as shall be reasonable, to be paid out of the county
treasury.
SEC. 10. It shall be the duty of recorders to record:
First, All deeds, mortgages, conveyances, deeds of trust,
ception.
Clerk to
give bond be-
fore entering
upon the du-
ties of record-
er.
Bonds,
where depo-
sited.
Penalty for
entering on
duties without
giving bond.
What seal
recorder shall
use.
County
court to settle
recorder.
accounts of
What shall
be recorded.
1314
RECORDERS' OFFICES.
Certain in-
struments to
CHAP. 132.
bonds, covenants, defeasances, or other instruments of writing,
of or concerning any lands and tenements, or goods and
chattels, which shall be proved or acknowledged according to
law, and authorized to be recorded in their offices; Second,
All papers and documents found in their respective offices, of
and concerning lands and tenements, or goods and chattels,
and which were received from the Spanish or French authori-
ties at the change of government; Third, All marriage con-
tracts and certificates of marriage; Fourth, All commissions.
and official bonds required, by law, to be recorded in their
offices.
SEC. 11. The several classes of instruments of writing
be recorded in mentioned in the several subdivisions of the preceding sec-
separate tion, shall be recorded in separate books, according to their
classification therein.
books.
List of in-
struments de-
kept.
SEC. 12.-When any deed, mortgage, deed of trust, con-
posited for re-veyance, bond, commission, or other instrument of writing,
cord, to be authorized, by law, to be recorded, shall be deposited in the
recorder's office for record, the recorder shall enter in a book,
in alphabetical order, the names of the persons, and date and
nature thereof, the time of delivery or deposit for record;
and shall give to the person depositing the same (if required)
a receipt, specifying the particulars aforesaid.
Manner of
recording.
When deem-
ed recorded.
Certificate
to be made on
SEC. 13.—The recorder shall record, without delay, every
deed, mortgage, conveyance, deed of trust, bond, commission,
or other writing delivered to him for record, with the acknow-
ledgment, proofs and certificates, written on or under the
same, with the plats, surveys, schedules and other papers,
therein referred to, and thereto annexed, in the order of time
when the same shall have been delivered for record, by
writing them, word for word, in a fair hand, noting at the
foot of such record all interlineations and erasures, and words
visibly written on erasures, and noting, at the foot of the
record, the day of the month and year when the instrument
so recorded was delivered to him, or brought to his office for
record; and the same shall be considered as recorded from
the time it was so delivered.
SEC. 14. The recorder shall certify, on or under such
instrument re- deed, mortgage, conveyance, deed of trust, bond, commis-
sion, or other instrument so recorded, the day, month and
when he received it, and the book and page, or pages,
year,
corded.
RECORDERS' OFFICES.
1315
CHAP. 132.
of the book in which it is recorded; and, when recorded,
deliver it to the party, or his order.
Index of
such instru-
ments to be
SEC. 15.-The recorder shall keep in his office a well-
bound book, and make and enter therein an index, direct and
inverted, to all the books of record wherein deeds, mort- kept.
gages, or other writing, concerning real estate or deeds of
trust, are recorded, distinguishing the books and pages in
which every such deed or writing is recorded.
SEC. 16. — Such index shall contain, in alphabetical order,
First, The names of the several grantors and grantees;
Second, In case the deed be made by a sheriff, the name of
the sheriff, and the defendant in the execution, and of the
grantee; Third, If by executors or administrators, the name
of each executor or administrator, and of the testator or in-
testate, and of the grantee; Fourth, If by attorney, the
name of such attorney and his constituent, and of the grantee;
and, Fifth, If by a commissioner, the name of such commis-
sioner, and of the person whose cstate is conveyed, and of the
grantee.
SEC. 17. The recorder shall, in like manner, make,
keep and preserve, a similar index to all the books of record
in his office, wherein marriage contracts and certificates of
marriage are recorded.
SEC. 18. He shall, in like manner, make, keep, and
preserve, a similar index to all the books of record, wherein
commissions and office bonds are recorded, containing the
names of the officers appointed, and of the obligee and
obligors in any bond recorded.
SEC. 19.-If any recorder, to whom any deed or other
writing, proved or acknowledged according to law, shall be
delivered for record, First, Neglect or refuse to make an
entry thereof, or give a receipt therefor, as required by the
twelfth section of this act; or, Second, Neglect or refuse to
record such deed, or other writing, within a reasonable time.
after receiving the same; or, Third, Record any deed or
other instrument of writing, before another, first brought into
his office and entitled to be recorded; or, Fourth, Record any
deed or other instrument of writing, untimely, or in any
other manner than as herein before directed; or, Fifth,
Neglect or refuse to provide and keep in his office such an
index as is required by this act, he shall pay to the party
What the in-
dex shall con-
tain.
Index to all
marriage con-
kept.
tracts, &c.,
Index to
book of offi-
cers' commis-
sions and
bonds.
Liability of
recorder for
neglect of
duty.
1316
RECORDERS' OFFICES.
Penalty, al-
so, for neglect
of duty.
Fees to be
paid or tend-
ered, before,
&c.
Patents may
be recorded;
corder.
CHAP. 132.
aggrieved double the damages which may be occasioned
thereby, to be recovered by civil action on the official bond
of the recorder.
SEC. 20.- If any recorder shall willfully neglect or refuse
to perform any of the duties required of him by this act, or
shall willfully perform them in any other manner than is
required by law, he shall be deemed guilty of a misdemeanor
in office, and proceeded against accordingly; and shall, more-
over, forfeit and pay to the use of the county a sum not
exceeding three hundred dollars, to be recovered by civil
action.
SEC. 21.-The recorder shall not be bound to make any
record for which a fee may be allowed by law, unless such
fee shall have been paid or tendered by the party requiring
the record to be made.
SEC. 22. All patents for lands lying within the State of
fees of re- Missouri, granted to any person or persons, by the President
of the United States, or the Governor of this State, may be
recorded in the office of the recorder of the county in which
the lands are situated; and the recorder shall be allowed the
same fees for recording such patents as are allowed, by law,
for recording deeds or other instruments of writing,
Copies of
such patents
SEC. 23.- All copies of patents so recorded, or which
shall be evi- may have been heretofore recorded, duly certified by the
ience, when recorder under his official seal, shall be received in all courts
in this State as prima facie evidence of the contents of such
patents.
and to what
extent.
A recorder
RECORDER OF ST. LOUIS COUNTY.
SEC. 24. A recorder for the county of St. Louis shall
to be elected be elected by the qualified voters thereof. He shall be a free
in the county
of St. Louis; white citizen, at least twenty-one years old, and shall hold
his qualifica-
tions and term his office for six years, and until his successor shall be
elected and qualified.
of office.
when; enter
on
dut
y
when; to give
bond, when
and for what
Elected, SEC. 25. On the first Monday in August, in the year
eighteen hundred and sixty, and every six years thereafter,
an election shall be held for a recorder of said county of St.
Louis, in the several election precincts thereof, who shall
enter upon the duties of his office on the first day of January
next following his election; and, before he enters on the
duties of his office, he shall give bond in a sum of at least
five thousand dollars, conditioned for the faithful performance
amount.
RECORDERS' OFFICES.
1317
CHAP. 132.
of his duties, with two or more sufficient securities, to be
approved by the county court.
SEC. 26. Such elections, and all returns thereof, shall be
conducted and made in the manner provided by law, as in
case of elections, and the returns thereof, of clerks of circuit
courts.
SEC. 27.—If there be a tie, a new election shall be
awarded by the County Court of the county of St. Louis; if
there be a contested election, it shall be tried and determined
by said court.
SEC. 28. — If a vacancy shall occur in said office, the
county court shall appoint a recorder, who shall hold the
office, and discharge the duties thereof, till an election can be
held; and said county court shall order an election to be
held within forty days after the appointment of such re-
corder, and cause ten days' notice thereof to be given before
the day chosen for the election; and the person elected re-
corder at such election shall hold the office, and discharge
the duties thereof for the unexpired balance of the term of
the recorder whose vacancy he has been elected to fill.
SEC. 29. The recorder of said county shall keep a full,
true and faithful, account of all fees of every kind received,
and make a report thereof every year to said county court;
and all the fees received by him over and above the sum of
two thousand dollars per year, shall be paid, at the end of
each year, into the county treasury of said county, to form
part of the jury fund of said county.
a
Such eles-
tions for re-
corder, how
conducted.
If a tie,
new election;
if contested,
determined by
county court.
Vacancies,
how filled.
To keep ao-
count of fees;
surplus, over
two thousand
dollars, to be
paid into the
county trea-
and for what
sury, when
purpose.
his powers,
SEC. 30. He shall have a seal of office, and shall have To keep a
power to take the acknowledgment or proof of deeds and in-seal of office;
struments of writing, and to take the relinquishments of &c.
dower of married women, and certify the same, under his
seal of office, in all cases and in the same manner, with like
effect, as clerks of circuit courts may do by law.
Approved November 23, 1855.
;
1318
REGISTER OF LANDS.
CHAP. 133.
Office of Re-
gister esta-
blished.
Register's
qualifica-
and how; te-
CHAPTER CXXXIII.
REGISTER OF LANDS.
AN ACT TO ESTABLISH THE OFFICE OF REGISTER OF LANDS.
? 1. Office of Register of Lands es- | 8. He shall report to the Legisla-
tablished.
2. Register's qualifications; to be
elected, when and how; te-
nure of office.
3. His office to be kept at Jeffer-
son City.
4. Vacancies in office of Register,
how filled.
5. Register to give bond, condi-
tion thereof, and take an oath.
6. The bond to be filed with Se-
cretary of State.
7. Register's duties relating to
the books and papers of his
office.
ture, when and of what.
9. He shall communicate to the
Legislature, and certain offi-
cers, such information as may
be called for.
11.
10. To keep seal of office and fur-
nish any person with copies
of his books, papers, &c.
He may appoint two clerks;
their qualifications.
Liability of Register to any
person aggrieved.
12.
13. Register subject to indictment
for improper conduct, and
be removed from office.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.—An office, called the office of Register of
Lands, is established.
SEC. 2.-The Register shall be a free white citizen of the
tions; to be State, at least twenty-one years of age; shall have resided
elected, when in the State at least four years; shall be elected by the qua-
nure of office.lified voters of this State, at such time and in the manner
provided by law; and shall hold his office for four years, and
until his successor is elected and qualified. (a)
Office to be
kept, where.
Vacancies,
how filled.
SEC. 3.— He shall reside and keep his office at the City
of Jefferson.
SEC. 4.-Vacancies in the office of Register shall be filled
in the manner provided by law. (6)
Register to
SEC. 5. Before he enters on the duties of his office, the
give bond,
condition Register shall execute to the State a bond in a sum of at
thereof, and
least ten thousand dollars, with at least five sufficient securi-
take an oath.
ties, conditioned for the faithful performance of all the du-
ties of his office, and shall take the oath prescribed by the
Constitution, which shall be endorsed on his certificate of
election or appointment.
(a) See, Amendments to Constitution of the State, article eight, section
nine: also, section four of Act Regulating Elections.
(6) Sce, title Elections, section forty-nine.
REGISTER OF LANDS.
1319
СНАР. 133.
filed with Se-
SEC. 6. The bond, with the approval of the Governor Bond to be
endorsed thereon, shall be filed in the office of the Secretary cretary of
of State.
SEC. 7.-The Register shall perform all the duties en-
joined upon him by law, faithfully keep all the records, books,
papers and effects committed to his charge, and shall not
permit any book or paper to be taken out of his office, unless
the same be called for by the Governor, or by the General
Assembly, or by either house thereof.
SEC. 8.-It shall be the duty of the Register of Lands,
during the first week of each regular session of the General
Assembly, to make a report to the Legislature, setting forth
the true condition of his office, and suggesting such views in
relation to the business and duties thereof as he may deem.
proper.
State.
Register's
duties relate
books and pa-
pers of his of
fice.
Register
shall make re-
ports to the
Legislature,
what.
when and of
He shall
communicate
SEC. 9. He shall communicate to the Governor, Auditor,
or either house of the General Assembly, such information to the Legis-
relating to his office as may be called for by them, respect-
ively.
lature, &c.
To keep seal
of office, ard
furnish copies
SEC. 10. He shall procure, keep and use, a seal of office,
and shall furnish to any person a certified copy of any record
or paper in his office, when applied for, authenticated by such of his books,
seal.
SEC. 11. He shall have power to appoint as many as
two clerks, each of whom shall be at least twenty-one years
of age, and shall have resided in this State at least twelve
months previous to their appointment.
SEC. 12. If the Register refuse or neglect to perform
any duty required of him, by law, or shall take fees not al-
lowed by law, the party aggrieved shall recover from him by
civil action, not less than fifty, nor more than five hundred
dollars.
SEC. 13.-For willful neglect of duty, or violation of
law, the Register may be indicted, and, upon conviction.
thereof, shall be fined not less than one hundred dollars,
and shall be removed from office.
Approved November 24, 1855.
&c.
He may ap-
point two
clerks; their
qualifications.
Liability of
Register to
aggrieved.
any person
Subject to in-
dictment for
improper con-
duct, and to be
removed from
office.
*C VOL. II.
1320
REPRESENTATION.
CHAP. 134.
Representa-
tives, how ap-
portioned.
Senatorial
districts, how
State divided
iuto.
CHAPTER CXXXIV.
REPRESENTATION.
AN ACT TO APPORTION REPRESENTATION.
21. Representatives, how appor- ? 3. Number of senators from each
tioned.
2. Senatorial districts, how State
divided into.
district.
4. Elections, when to take place
in senatorial districts.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.-Representation shall hereafter be appor-
tioned as follows, viz: From the county of St. Louis, thir-
teen representatives; from the county of Platte, three repre-
sentatives; from the counties of Andrew, Boone, Buchanan,
Callaway, Cape Girardeau, Cooper, Franklin, Greene, How-
ard, Jackson, Jefferson, Lafayette, Lincoln, Marion, Monroe,
Pike and St. Charles, each, two representatives; and from all
other representative counties, each, one representative.
SEC. 2.—The State is hereby divided into the following
senatorial districts: The members of the Senate to be elected
as hereinafter designated, to wit: The counties of St. Charles
and Lincoln will compose the first senatorial district; the
counties of Pike, Ralls and Audrain, the second senatorial
district; the counties of Marion, Lewis and Clark, the third
district; the counties of Adair, Knox, Scotland, Schuyler,
Putnam and Sullivan, the fourth district; the counties of
Livingston, Grundy, Mercer, Harrison and Carroll, the fifth
district; the counties of Andrew, Holt, Atchison and Noda-
way, the sixth district; the counties of Buchanan, DeKalb
and Gentry, the seventh district; the counties of Platte and
Clay, the eighth district; the counties of Caldwell, Ray,
Daviess and Clinton, the ninth district; the counties of Ma-
con, Linn and Chariton, the tenth district; the counties of
Howard and Boone, the eleventh district; the counties of
Montgomery, Callaway and Warren, the twelfth district; the
counties of Monroe, Shelby and Randolph, the thirteenth dis-
trict; the counties of Franklin and Washington, the four-
teenth district; the counties of Jefferson, Ste. Genevieve and
St. François, the fifteenth district; the counties of Wayne,
REPRESENTATION.
1321
CHAP. 134.
Perry, Bollinger, Stoddard and Butler, the sixteenth district;
the counties of Scott, Cape Girardeau, Mississippi, New
Madrid, Dunklin and Pemiscot, the seventeenth district; the
counties of Shannon, Madison, Reynolds, Ripley, Dent,
Oregon and Texas, the eighteenth district; the counties of
Gasconade, Osage, Maries, Crawford and Pulaski, the nine-
teenth district; the counties of Cole, Miller, Camden, La-
clede and Morgan, the twentieth district; the counties of
Cooper, Moniteau and Saline, the twenty-first district; the
counties of Lafayette and Johnson, the twenty-second dis-
trict; the counties of Benton, Pettis, Henry, Hickory and
St. Clair, the twenty-third district; the counties of Jackson,
Cass, Bates and Vernon, the twenty-fourth district; the
counties of Dade, Polk, Cedar and Jasper, the twenty-fifth
district; the counties of Lawrence, Newton, McDonald,
Barry, Stone and Taney, the twenty-sixth district; the coun-
ties of Greene, Dallas, Wright, Ozark and Webster, the twen-
ty-seventh district; the county of St. Louis, the twenty-
eighth district.
SEC. 3.—The twenty-eighth district shall elect six sena-
tors, and every other district one senator each.
SEC. 4.—The twenty-eighth district shall elect one sena-
tor at the general election in the year eighteen hundred and
fifty-six, and five senators at the general election in the year
eighteen hundred and fifty-eight; the first, fourth, eleventh,
seventeenth, eighteenth, twenty-first and twenty-second dis-
tricts, shall each elect one senator at the general election in
the year eighteen hundred and fifty-six; the second, third,
fifth, sixth, seventh, eighth, ninth, tenth, twelfth, thirteenth,
fourteenth, fifteenth, sixteenth, nineteenth, twentieth, twenty-
third, twenty-fourth, twenty-fifth, twenty-sixth and twenty-
seventh districts, shall each elect one senator in the year
eighteen hundred and fifty-eight.
Approved November 23, 1855.
Number of
senators from
each district.
Elections,
when to take
place in sena-
torial dis-
tricts.
1322
REVENUE.
СНАР. 135.
CHAPTER CXXXV.
REVENUE.
AN ACT TO PROVIDE FOR LEVYING, ASSESSING AND COLLECTING THE
REVENUE.
ARTICLE I.-OF THE OBJECTS OF TAXATION, THE RATES OF TAXATION,
AND SUBJECTS EXEMPT FROM TAXATION.
OF THE ASSESSMENT OF PROPERTY FOR TAXATION.
OF THE COLLECTION OF THE REVENUE, AND MISCELLANE-
OUS PROVISIONS.
OF THE COUNTY REVENUE.
66
II.
III.
(C
IV.
V.
OF THE SALE OF LAND FOR TAXES.
VI.
OF THE DUTIES OF COLLECTORS WHEN THEIR TERMS OF
SERVICE EXPIRE.
Objects on
which taxes
ARTICLE I.
OF THE OBJECTS OF TAXATION, THE RATES OF TAXATION,
AND SUBJECTS EXEMPT FROM TAXATION.
31. Objects of taxation.
2. Subjects exempt from taxation.
3. No tax to be imposed on sales
of books, &c.
4. Notes and bonds taken for mer-
chandise, not taxable for the
year on which a license tax
was paid on the merchandise.
3 5. Rates of poll-tax and property-
tax.
6. Notes and bonds taken for
real estate, not taxable for
the year for which such real
estate was taxed; but there-
after they shall be subject to
taxation.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.-For the support of the government of the
may be levied. State, the payment of the public debt, and the advancement
of the public interest, a tax shall be levied on the following
objects: All free male persons over the age of twenty-one
and under fifty-five years of age; all lands [and] lots of
ground, including the improvements thereon; all slaves; gold
and silver plate; all libraries over the value of two hundred
dollars, except such as belong to Sunday-schools and Bible
societies; pianoes; household property over the value of two
hundred dollars; pleasure carriages of all kinds; horses,
mares and geldings, two years old; all work-oxen and cattle,
two years old; all hogs and sheep over the number of one
hundred; mules, asses and jennies, six months old; clocks
and watches, with their chains, seals and appendages; shares
of stock in banks and other incorporated companies, except-
REVENUE.
1323
СНАР. 135.
ing manufacturing companies, the property of which alone
shall be taxed; all money on hand, or deposited with banks
or other incorporated companies, brokers, exchange dealers,
or other persons for safe-keeping or other purposes, except-
ing such money on hand or so deposited, as has been bor-
rowed, and for which bonds or notes have been given; all
money loaned at interest, whether secured by bills of ex-
change, bonds, notes or otherwise, upon solvent persons or
corporations; all State and county bonds other than those of
this State; all State and county bonds, and other public
stocks of this State, except such as are hereinafter excepted;
all bills of exchange, bonds, notes and other securities, owned
by persons other than brokers or exchange dealers, upon sol-
vent persons or corporations, except as hereinafter excepted;
all property owned by incorporated companies, over and
above their capital stock; shares of stock and all other inte-
rests, held in steamboats, keel boats, wharf-boats and all other
vessels; all toll-bridges; all land granted by Congress for
the use of schools or colleges, with all improvements thereon,
the same being leased or occupied by others than such schools.
or colleges; all printing-presses, type and machinery there-
with connected; all shot-towers, and all machinery therewith
connected; all smelting furnaces, and machinery therewith
connected; all grist-mills, saw-mills, oil-mills, tobacco, hemp
and cotton factories, tobacco stemmeries, rope-walks, manufac-
tories of iron, nails, glass, clocks, and all other manufactories.
whatever, together with their machinery and appendages;
all wool-carding machines, and buildings containing the same;
all distilleries, breweries and tanneries; all iron, copper,
brass and other foundries; all post-coaches, carriages, wagons
and other vehicles, and stock, used by any person in the
transportation of the mails of the United States, or of this
State; all carriages, hacks, wagons, buggies and other vehi-
cles, of every kind and description, kept or used by the own-
ers of livery stables; all cabs, hacks, omnibuses and other
vehicles, used in the transportation of persons; all lands
owned by individuals or companies, reserved for cemeteries
or grave-yards, for the purpose of speculation; and all paint-
ings and statuary kept for exhibition.
SEC. 2. The following subjects are exempted from taxa-
tion: First, All free white persons belonging to the army of
Subjects ex-
empt from tax-
ation.
1324
REVENUE.
No tax to be
imposed on
sales of books,
&c.
Acts 1847,
p. 117.
bonds taken
dise, not tax-
CHAP. 135.
the United States; Second, Lands and lots, public buildings
and structures, with their furniture and equipments, belong-
ing to the United States; Third, Lands and other property
belonging to the State; Fourth, Lands and other property
belonging to any county in the State; Fifth, Market-houses,
town-halls and other public structures, with their furniture
and equipments; and all public squares and lots kept open
for health, use or ornament, belonging to any city, town or
village, in the State; Sixth, Lands or lots of ground, granted
by the United States or this State, to any county, city, town,
village or township, for the purposes of education, until dis-
posed of to individuals by sale or lease; Seventh, School-
houses, and other buildings for the purposes of education,
with their furniture and equipments, and the lands appurte-
nant thereto and used therewith, so long as the same shall be
used for that purpose; (a) Eighth, Hospitals for the sick,
and public poor-houses, with their furniture and equipments,
and the lands appurtenant thereto and used therewith, so long
as the same shall be used for that purpose only; Ninth,
Churches, chapels and other public buildings, for religious
worship, with their furniture and equipments, and the lands
appurtenant thereto and used therewith, so long as the same
shall be used for that purpose only; Tenth, Cemeteries and
grave-yards, set apart and used for that purpose only; all
real estate and other property belonging to any incorporated
agricultural society, so long as the same may be employed
for the use of such society, and none other.
SEC. 3. —No tax of any kind shall be imposed on the sale
of books, maps or charts, in this State, nor shall any license
of any kind be necessary to authorize the sale of such
articles.
Notes and SEC. 4. Notes and bonds on hand by any merchant or
for merchan- grocer, taken or received for goods, wares and merchandise,
upon which a license tax has been paid, shall not be subject
to taxation for the year for which such goods, wares and
merchandise were taxed, but thereafter such notes or bonds
shall be subject to taxation as other property.
able for the
year in which
a
license-tax
was paid.
Rates of tax-
ation.
SEC. 5. The annual tax levied upon all subjects of taxa-
(a) Where a building is used in part for a school house, and in part for
other purposes, it is not exempt from taxation. Wyman v. City of St.
Louis, 17 Mo. Rep., 335.
REVENUE.
1325
CHAP. 135.
tion, shall be at the following rates: First, On free male
persons, over twenty-one and under fifty-five years of age,
thirty-seven and one-half cents; Second, On lands and town
lots, including the houses and improvements thereon, and all
other property, real and personal, now made taxable by law,
one-fifth part of one per centum of the assessed value
thereof.
SEC. 6. —Notes and bonds, taken or received for real
estate, upon which a tax has been paid, shall not be subject
to taxation for the year for which such real estate was taxed;
but thereafter, such notes and bonds shall be subject to taxa-
tion, as provided by this act, in case of other notes and
bonds.
Notes and
bonds taken
for real estate
not taxable
for which such
for the year
real estate was
taxed.
ARTICLE II.
OF THE ASSESSMENT OF PROPERTY FOR TAXATION.
21. County assessor to be elected, |% 17. New assessor to give bond;
when.
2. Assessor of the county of St.
Louis to be elected, when;
tenure of office.
3. His office shall be kept, where;
and to be provided, by whom.
4. He shall provide maps and
plats of taxable lands in his
county; make corrections,
when.
5. May procure furniture for his
office, when, and for what
purpose.
6. He may appoint deputies, to
be confirmed by the county
court.
7. His duties.
8. All surveys made in St. Louis
county to be filed and re-
corded in his office.
9. Assessors to be furnished with
certificate of election.
10. If assessor do not give bond
within a certain time, office
vacated.
11. When appointed by the county
court or clerk, the clerk to
furnish him with a certificate
of appointment.
12. Shall take an oath.
13. Penalty for failing to take the
oath of office, &c.
14. To give bond; condition.
15. Assessor of St. Louis county,
bond; condition thereof.
16. Assessors failing to perform
any duty, removed from office.
county court to render judg-
ment, for what amount, and
against whom; fees of new
assessor, how paid.
18. Manner in which assessor shall
proceed to make assessment.
19. Assessor to administer an oath
to each tax-payer; form of
oath.
20. List of taxable property to be
delivered to assessor.
21. The contents of such list.
22. City or town lots, how de-
scribed.
23.
Duty of assessor when pro-
perty given in list lies in se-
veral counties.
24. If transmitted by mail, post-
age paid, by whom.
25. When such list is received in
such county, assessor there-
of to assess the property.
26. Assessor shall require every
property-holder to give a list
thereof.
27. Penalty for not giving such
list.
28. Penalty on assessor for giving
false list.
29.
When no list is given, assessor
may make out one.
30. President of bank or other cor-
poration to give list of shares
of each stockholder.
31. Shares to be assessed to the
corporation, and owners to
pay such corporation.
1326
REVENUE.
County as-
sessor to be
elected, when.
Asses or of
the county of
St. Louis to
be elected.
СНАР. 135.
32. Penalty on president, or other | 48. When requested, assessor shall
chier officer, for failing to
give list.
33. County recorder to make out
abstract, &c, of lands.
34. Such abstract, tax book of pre-
ceding y ar, and list of tax-
able lands, to be delivered to
assessor; same to be returned
by assessor, when.
35. When assessor completes his
labor, penalty for not return-
ing his list.
36. County courts shall obtain from
the proper land offices, plats,
showing, what.
37. They shall compare the assess-
ment lists with such plats.
38. What the Register of Lands
shall procure from land-of-
fices, and certify to clerk of
county courts.
39. What the county court shall
cause to be done annually.
40. What expenses shall be equally
borne by the
the State and
county.
41. What the four preceding sec-
tions shall not be construed
to require.
42. Where the assessor has omit-
ted to assess lands, county
courts shall assess them; to
be assessed by their numbers.
43. From such list, abstract, &c.,
assessor to make out his
tax-book.
44. What the tax-book shall con-
tain.
45. How tax-book shall be ar-
ranged.
46. Property to be assessed at its
cash value; manner of valu-
ing real and personal pro-
perty.
47. Lands omitted by mistake for
several years, when discov-
ered, to be assessed with ar-
rearages of tax, also.
deliver a list of property as-
sessed for taxation to the
Owner thereof.
49. By what time the assessment
to be returned; form of affi-
davit annexed to tax-book.
50. County court, at what time
and manner to determine
appeals from valuation of as-
sessor.
51. Tax-book to remain in clerk's
office ten days before session
of court of appeals, for in-
spection.
52. Appeal allowed to any person
to county court from the as-
sessor.
53. If a session of the county
court cannot be had in thirty
days, clerk and two justices
of the peace can hold such
court.
54. Court to hear and correct ap-
peals in summary manner.
55. When clerk to make out col-
lector's book.
56. Clerk to make out an abstract
of tax-book.
59.
57. When assessor to administer
oaths.
58. Compensation allowed to as-
sessor, to be paid, how.
In addition to such compensa-
tion, salary allowed to as-
sessor of St. Louis county;
what amount, and how paid.
60. His account to be sworn to,
certified to Auditor, &c.
61. When good cause is shown by
affidavit, county court may
correct, at any term, erro-
neous assessments, &c.
62. Duty of clerk when corrections
of assessments are ordered;
duty of Auditor.
63. If property be not assessed at
full cash value, court may
correct the assessment.
SECTION 1.-There shall be elected by the qualified
electors of the several counties in this State, (except the
county of St. Louis,) on the first Monday in August, in the
year one thousand eight hundred and fifty-six, and at every
general election for members of the General Assembly
thereafter, a county assessor; and every such election shall
be conducted in all things according to the laws regulating
the elections of other county officers.
SEC. 2.—There shall be elected by the qualified electors
REVENUE.
1327
СНАР. 135.
of the county of St. Louis, at an election to be held in said
county, on the first Monday of August, eighteen hundred
and sixty, and every four years thereafter, an assessor for
said county, who shall hold his office for the term of four
years, and until his successor is elected and qualified.
M
Tenure of
office.
office
His
shall be kept,
SEC. 3. The assessor for St. Louis county shall keep an
office, to be provided by the county court, in some public where.
place in the city of St. Louis.
He shall make
mapsand plats
lands in his
of taxable
county; make
when.
SEC. 4.— He shall, under the directions of said court,
cause to be made such maps and plats of the taxable lands
in said county, as may be necessary to a full and complete
assessment, and shall keep the same as public records in his corrections,
office, open for the inspection of tax-payers and property-
owners; and shall alter and correct the same, from time to
time, when alterations and corrections may be required, by
reason of re-surveys and subdivisions of land in said county;
and shall keep his office open every day in the year, Sundays
excepted.
SEC. 5. He may, under the directions of the County
Court of St. Louis county, procure such office furniture as
may be necessary to keep the business [of each district] se-
parate; and he shall keep all maps, plats and books, apper-
taining to each district, in their respective places.
SEC. 6.-The assessor of St. Louis county shall have
power to nominate suitable and competent deputies, (who
shall take the same oath, and perform the same duties,) to be
confirmed by the county court of said county, to whom, if
confirmed, he shall give written appointments; and the court
may revoke the same, first giving ten days' public notice.
SEC. 7.-It shall be the special duty of such assessor to
superintend the work of his deputies, and the assessment of
the entire county, and, as far as possible, make the same
uniform and equal throughout said county.
SEC. 8. The county surveyor, and every other person or
persons, making, or causing to be made, any survey or sur-
veys, or subdivisions of land, in the county of St. Louis,
shall file such survey or surveys, or subdivisions, or true
copies thereof, in the office of the assessor, who shall record
the same in suitable books, to be provided for that purpose.
SEC. 9.—The clerks of the respective county courts shall
deliver to the persons thus elected, immediately after their
*c 2— VOL. II.
Acts 1855,
p. 178.
May procure
his office, &c.
furuiture for
Ibid.
He may ap-
ties, to be con-
firmed by
point depu-
county court.
His duties.
All surveys
made in St.
Louis county
to be filed and
his office.
recorded in
Assessor to
be furnished
with certif-
cate of elec-
tion.
1328
REVENUE.
If assessor
does not give
bond within a
office vacated.
CHAP. 135.
election, a certificate thereof, under the seal of the respective
county courts. (a)
SEC. 10. — If no person be elected assessor, or if the
person elected fail to take the oath and enter into the bond
certain time, required of assessors, on or before the first day of November
after his election, or after the time at which such assessor
ought to have been elected, or if, at any time, there be a
vacancy in the office of assessor, the county court shall im-
mediately appoint an assessor for that year; and in default
thereof, the clerk of such court shall make such appointment
in vacation.
When ap-
pointed, clerk
to furnish him
with a certifi-
cate of ap-
pointment.
Shall take
an oath.
Acts 1855,
p. 178.
Penalty for
failing to take
&c.
SEC. 11. When an assessor shall be appointed by the
county court, or by the clerk of such court in vacation, the
clerk shall deliver to the person so appointed, a certificate of
his appointment, under the seal of the court.
SEC. 12. Every assessor shall take an oath to support
the Constitution of the United States, and of the State of
Missouri, and that he will faithfully and impartially discharge
the duties of his office, that he will assess all the property
in the county which he assesses, at what he believes to be its
actual cash value.
SEC. 13. It shall be the duty of every assessor to take
oath of office, the oath prescribed in the next preceding section, and cause
the same to be endorsed on his certificate of election or ap-
pointment, before entering upon the duties of his office; and,
in default thereof, he shall forfeit five hundred dollars, for
the use of the State, to be recovered by indictment.
To give
bond; condi-
tion thereof.
Assessor of
St. Louis
to give bond;
condition.
SEC. 14.- Every assessor, except the assessor of St. Louis
county, before entering upon the duties of his office, shall
give bond and security to the State, to the satisfaction of the
court, or the clerk in vacation, with three or more solvent
securities, householders of the county, in a sum not less than
five hundred dollars, the amount to be fixed by the court or
clerk, as the case may require, conditioned for the faithful
performance of the duties of his office, which bond shall be
deposited in the office of the clerk of the county court.
SEC. 15.—The assessor of St. Louis county shall give a
like bond, for the faithful performance of the duties of his-
office, in the sum of twenty-five thousand dollars, with at
(a) See, sections one and two of this article.
REVENUE.
1329
СНАР. 135.
least three good and sufficient securities, householders of the
county, to be approved by the county court.
SEC. 16.—Every assessor who shall fail to perform any
duty enjoined upon him, by law, in the time prescribed, may
be removed from office by the county court, who shall appoint
another in his stead.
SEC. 17.-Such new assessor shall take a like oath and
give a like bond as required of the first; and the county
court shall enter up judgment, summarily, upon the bond of
such delinquent assessor against him and his securities, for
such amount as shall be sufficient to complete the assessment
of the county; and the fees of the assessor, appointed in
place of such delinquent, shall be paid out of the amount so
collected on the first assessor's bond.
SEC. 18.—Every assessor shall commence on the first day
of February, in each year, during his continuance in office,
and go through all parts of the county or subdivision of the
county, in which he is the assessor, and require every person
who shall have owned, or shall have had the charge or man-
agement of any property, on the said first day of February,
in each year, taxable by law, except merchandise, and, being
within the county, to deliver to him a written list of the
same; and every such person shall deliver to the assessor, on
oath or affirmation, to be administered by the assessor, a just
and true list of all such property.
Assessors
failing to per-
form any duty,
to be removed
from office.
New assess-
or to give
bond; county
court to ren-
der judgment,
for what
amount and
against
whom; fees of
how paid.
new assessor,
Manner in
which assess-
or shall pro-
ceed to make
assessment.
Assessor to
administer an
oath to each
tax-payer;
form of oath.
SEC. 19. — It shall be the duty of every assessor to ad-
minister the following oath (or affirmation) to each tax-payer,
at the time of taking a list of his taxable property, viz:
"You do solemnly swear (or affirm) that you will give (or
have given, as the case may be,) a true and correct list of all
taxable property, owned by you on the first day of February P. 178.
last, so help you God."
SEC. 20.—In the same manner every such person shall
deliver to the assessor a just and true list of all property
taxable, by law, except merchandise, which he owns, or of
which he has the charge or management, being in any other
county, and not then listed and given in for taxation for that
year in such other county. (a)
(a) In the absence of any stipulation in a lease, the lessor is bound to pay
taxes on the property, but not on improvements made by the lessee, which
Acts 1855,
List of tax-
able property
to be deliver-
ed to assessor.
1330
REVENUE.
The con-
tents of such
list.
City or town
lots, how de-
scribed.
Duty of as-
sessor, when
property giv
in several
counties.
CHAP. 135.
SEC. 21.- Every list, required by the three preceding sec-
tions, shall particularly describe each tract of land contained
therein, so that the same may be found and known by the
description. When the land is a part of a public survey of
the United States, the township and range shall be noted, and
the section and fractional part or other legal subdivision
thereof shall be stated; and in all other classes of land-claims,
the quantity, local position and extent of improvement shall
be set forth, and the number of the survey, and the name of
the original claimant, if known to the party, shall be stated;
but, in all cases, to be assessed to the person appearing to be
the owner at the time of the assessment.
SEC. 22. Each town lot shall be described by the name
of the city, town or village, the street or alley, where
situated, the number (if any) of the lot, and the square
or block of which it forms a part, and the size in front and
depth.
SEC. 23.—Every assessor, as soon as he shall have com-
pleted his assessment, shall make out, from the lists delivered
en in list lies to him under the twentieth section of this act, a distinct list
for each county in which any such taxable property may be,
and transmit the same, by mail or otherwise, to the assessor
of the proper county, who shall assess the same as other
taxable property therein, if not before assessed for the same
year.
If transmit-
ted by mail,
postage, by
whom paid.
When such
list is receiv-
county, as
sessor thereof
to assess the
property.
SEC. 24. If such lists be transmitted by mail, the post-
age thercon shall be paid by the assessor who transmits
the same, and the amount thereof shall be allowed and paid
to him at the time and in the manner of paying other ex-
penses of assessment.
SEC. 25. — When the lists, transmitted from one assessor
ed in such to another, as required in the twenty-third section of this act,
shall [not] be received by the proper assessor before he has
made return of his tax-book to the court, he shall, without
delay, assess the property in such list contained, and make
return thereof to the court in a supplemental tax-book, which
shall be proceeded on, as nearly as may be, as the original.
SEC. 26.—The assessor shall require every person who
Every pro-
perty-holder
to give a list
thereof.
the latter is entitled to remove, or to be compensated for, at the end of the
lease. Leach v. Goode, 19 Mo. Rep., 501.
REVENUE.
1331
CHAP. 135.
owns or has the charge or management of any taxable pro-
perty, to deliver to him the list thereof, (except shares of
stock in bank and other incorporated companies,) either by
personal application, or by written notice, to be left at the
residence of the party, and every such person shall deliver
such list to the assessor within ten days after such applica-
tion or notice.
SEC. 27. If any person, being applied to or notified, as
aforesaid, shall fail to deliver the required list to the assessor,
in ten days, the property which ought to have been listed
shall be taxed double.
Penalty for
not giving
such list.
list.
Penalty for
SEC. 28.- If any person shall deliver to the assessor any
false or fraudulent list, the property therein specified, and all giving false
that ought to have been listed therein, shali be taxed triple;
and the offender shall moreover be subject to indictment for
the fraud, and may be fined in any sum not exceeding five
hundred dollars.
SEC. 29. Whenever there shall be taxable property in
any county, and from any cause no list thereof shall be
given to the assessor, in proper time and manner, the
assessor shall himself make out the list on his own view, or
on the best information he can obtain; and, for that purpose,
he shall have lawful right to enter into any lands and houses,
and make any examination and search which may be neces-
sary, and may examine the owners of the property, or any
other person, upon oath, touching the same.
SEC. 30. Persons owning shares of stock in banks and
other incorporated companies, taxable by law, are not required
to deliver to the assessor a list thereof; but the president, or
other chief officer of such corporation, shall deliver to the
assessor a list of all shares of stock held therein, and the
names of the persons who hold the same.
SEC. 31.—The taxes assessed on shares of stock em-
braced in such list, shall be paid by the corporations re-
spectively, and they may recover from the owners of such
shares the amount so paid by them, or deduct the same from
the dividends accruing on such shares; and the amount so
paid shall be a lien on such shares respectively, and shall be
paid before a transfer thereof can be made.
SEC. 32. — If the president, or other chief officer of any
such corporation, fail to comply with the provisions of the
When no
list is given,
assessor may
make out one.
President to
give list of
shares of each
stockholder.
Shares to be
assessed to the
corporation,
and owners to
pay such cor-
poration.
Penalty on
president for
failing to give
list.
1332
REVENUE.
County re-
corder
lands.
to
CHAP. 135.
thirtieth section of this article, he shall forfeit to the State
the sum of one thousand dollars, to be recovered by indict-
ment in any court of competent jurisdiction.
SEC. 33. The recorder of each county shall, in the month
make out ab- of January of every year, make out an abstract, in alpha-
stract of betical order, of all deeds and other conveyances of land re-
corded in his office during the preceding year, showing the
names of the acquirers, and from whom acquired, the quan-
tity and description of the land, and shall deliver such ab-
stract to the clerk of the county court, and take his receipt
therefor.
Abstract,
&c., to be de-
assessor.
SEC. 34. — The clerk of the county court shall deliver to
livered to the the assessor, on or before the first day of February in every
year, the tax-book of the preceding year, the abstract of
conveyances furnished by the recorder of the county, and the
list of taxable lands furnished by the Register of Lands, and
take his receipt therefor; and the assessor, as soon as he
shall have completed his assessment, and made his tax-book
for the year, shall return the whole of such papers and docu-
ments to the clerk.
Penalty on
assessor for
not returning
his list.
County
courts shall
land-offices,
plats showing,
what.
SEC. 35. — If the assessor shall fail to return such papers
and documents to the clerk, or shall return them in a defaced
or mutilated condition, the county court shall withhold so
much of his compensation as will be sufficient to pay for the
procurement of new copies thereof.
SEC. 36.-It shall be the duty of the several county
obtain from courts of this State to apply to, and procure from, the Regis-
the proper ter of the United States land-offices in their respective land-
districts, plats of all townships and parts of townships, in
their respective counties, showing the county lines on a scale
Acts 1851, sufficiently large to show the sections and parts of sections
by their legal subdivisions, and all lands subject to taxation
at that time, and, also, all private land-claims, with the name
of the original claimant, the number of the survey, and the
number of acres.
p. 252.
They shall
compare the
assessment
SEC. 37. The county courts shall, annually, carefully
examine and compare the assessment lists with said plats,
lists with such and may strike from said lists all lands not found on said
plats.
plats.
Duty of
Register of
Lands.
SEC. 38. The Register of Lands is hereby required to
procure from the register of lands at the various United
REVENUE.
1333
CHAP. 135.
States land-offices in this State, before the first day of Jan-
uary in each year, an additional list of all lands sold, and to
whom, in the different counties in this State, and to certify
to the clerk of the county court of each county in this State, p. 119.
portion of said lists as include lands lying
a copy of such
in his county.
Acts 1853,
What the
shall cause to
be done annu-
ally.
What expen-
equally borne
by the State
ses shall be
SEC. 39. —It shall be the duty of the county courts to
cause to be entered annually upon such maps, such additional county court
lists of lands, subject to taxation, as may be furnished, from
time to time, by the Register of Lands at the City of Jefferson.
SEC. 40. — The expenses incurred in obtaining said plats
shall be borne equally, one-half by the State and the other
half by the county; and it shall be the duty of the county
courts to audit and allow a reasonable compensation for said
plats, and pay one-half thereof out of the county treasury,
and certify the amount of the other half to the Auditor of
Public Accounts, who shall draw his warrant on the Trea-
surer of the State for the same, to be paid out of the fund
appropriated for assessing and collecting the revenue.
SEC. 41. The four preceding sections shall not be so
construed as to authorize or require the county court of any
county, having a map, to procure another, nor shall the State
be required to pay any part of the expense for more than
one map for any one county.
and county.
Acts 1853,
p. 252.
What the
ing sections
four preced-
shall not be
construed to
require.
Where the
assessor has
omitted to as-
county courts
shall assess
sessed by their
numbers.
them; to be as-
SEC. 42. The assessors shall have free access to said
maps, during the time of assessment, with a view to ascertain
what lands are taxable; and, upon the return of the tax-sess lands.
books to the county courts, the said courts shall compare the
same with the map of the county; and in all cases where any
lands have been omitted by the assessor, they shall be placed
upon the tax-books and taxed as other lands; and when the
name of the owner or claimant of any lands cannot be ascer-
tained by the assessor, such lands shall be taxed by the num-
bers; and if the taxes are not paid upon the same, they shall
be sold and conveyed by their numbers, without reference to
the names of the owners or claimants.
Acts 1849,
p. 115.
From such
list, abstract,
&c., assessor
SEC. 43.—The assessor, on examination and comparison
of the list of property delivered by individuals, the abstract
of conveyances furnished by the recorder, and the list of to make ont
lands furnished by the Register of Lands, and said maps and
plats, and after diligent efforts for ascertaining all taxable
his tax-book.
1334
REVENUE.
What the tax-
book shall con-
tain.
How tax-
book shall be
arranged.
Property to
be assessed at
property.
CHAP. 135.
property in his county, shall make a complete list of all the
taxable property in his county, to be called the "tax-book."
SEC. 44. The tax-book shall contain the names, in al-
phabetical order, of all persons to whom property has been
assessed therein; it shall be in tabular form, with a suitable
caption, and separate columns for the names of the owners,
each kind of property taxed, the assessed value of each kind,
and the whole amount chargeable to each person, and such
other columns as may be found necessary and convenient in
practice.
SEC. 45. Such tax-book shall be so made as to show
the aggregate amount of State revenue derived from taxes
imposed on brokers and exchange dealers, steamboats, mo-
ney, bonds, notes, bils of exchange, and other securities,
and from property owned by corporate companies.
SEC. 46. The assessor shall value and assess all the pro-
its cash value; perty on the tax-book, according to its full and true value in
manner of cash, at the time of the assessment; each tract of land and
valuing real
and personal town lot shall be assessed, valued and listed, separately,
and each kind of property shall be assessed separately from
every other; but horses, mules, jacks, jennies, cattle, clocks,
watches, carriages and household furniture, shall be entered
in one column, under the head of other personal property. (a)
Lands omit-
SEC. 47.—If, by any means, any tract of land or town
ted by mistake
for several lot shall be omitted in the assessment of any year, or series
years, when of years, and not put upon the tax-book, the same, when
be assessed discovered, shall be assessed by the assessor for the time
being, and placed upon his tax-book, before the same is re-
turned to the court, with all arrearages of tax, which ought
to have been assessed and paid in former years, charged
discovered, to
with arrear-
ages of tax,
also.
Assessor
shall deliver
ty assessed to
owner, when.
thereon.
SEC. 48.— The assessor shall deliver to any owner of pro-
list of proper-perty assessed for taxation, upon demand, a copy of the
assessment thereof, written and signed by himself; and such
list shall, in all cases, be left with some member of the family,
when the assessment is made in the absence of the head of
the family.
By what
time the as-
sessment to be
returned.
SEC. 49. The assessor shall make out and return to the
county court, on or before the first day of July in every
(a) See, title Roads and Highways, article one, section forty-seven.
REVENUE.
1335
CHAP. 135.
"
year, a fair copy of the tax-book, verified by his affidavit,
annexed thereto, in the following words, to wit: "
being duly sworn, makes oath and says, that he has made
diligent efforts to ascertain all the taxable property, being or
situate, on the first [day] of February last past, in the county
of which he is assessor; that, so far as he has been able to
ascertain the same, it is correctly set forth in the foregoing
book, in the manner and the value thereof stated therein, ac-
cording to the mode required by law."
SEC. 50. The county court of each county shall, at the
next regular term after the assessor shall have returned the
tax-book, as required in the next preceding section, if such
term be within thirty days, hear and determine all appeals
from the valuation of property by the assessor; and if not
within thirty days, then a separate term shall be held for that
purpose, within thirty days, to be ordered by any two justices
of the court, and published by the sheriff for ten days, by
written or printed notices, to be set up in at least six of the
most public places in the county. (a)
SEC. 51.-The tax-book shall remain in the office of the
clerk of the county court, for ten days before the session of
the court of appeals, open for the inspection of all concerned.
SEC. 52. Every person who thinks himself aggrieved by
the assessment of his property, may appeal; and every ap-
peal shall be in writing, and shall state specially the grounds
of the appeal, and the matter or thing complained of, and no
other matter shall be considered by the court.
SEC. 53.—If, from any cause, a session of the county
court cannot be had within thirty days next after the return
of the tax-book by the assessor, the clerk of that county
court shall take to his assistance any two justices of the peace
of the county, and hold a court of appeals, giving notice
thereof, as provided by the fiftieth section of this article.
SEC. 54.The court shall hear and determine all appeals,
in a summary way, and shall correct and adjust the tax-book
accordingly.
SEC. 55. As soon as the tax-book shall be corrected, and
adjusted, and the county tax stated thereon, the clerk of the
(a) See, sections sixty-one and sixty-three of this article, and fifty-eight
of article three.
Form of affi-
davit.
County
court, at what
time and man-
ner, to deter-
mine appeals
from valua-
tion of as-
sessor.
Tax-book
to remain in
clerk's office
for inspection.
Appeal al-
lowed to coun-
ty court from
assessor.
Clerk and
two justices
may hold a
court of ap-
peals, when.
Appeals,
how deter-
mined.
When clerk
to make out
collector's
book.
*D VOL. II.
1336
REVENUE.
Clerk to
make out an
tax-book.
CHAP. 135.
county court shall make out a fair copy thereof, authenticated
by the seal of the court, for the use of the collector.
SEC. 56. The clerk shall, at the same time, make out,
abstract of certify and authenticate, by the seal of the court, an aggre-
gate abstract of the tax-book, placing each kind of property
taxed under its appropriate head, with the aggregate value
thereof, and the aggregate amount of taxes.
Assessor
may adminis-
ter oath.
Compensa-
tion allowed
assessor.
In addition,
salary allowed
to assessor of
SEC. 57.- When any fact, matter or thing, is required by
this article to be verified by oath or affirmation, any assessor
may administer the same.
SEC. 58.—The compensation for each assessor shall be
twenty cents each name, for the first six hundred names listed,
fifteen cents each name for the second six hundred names,
ten cents each name for the third six hundred names listed,
and for each additional name, over eighteen hundred, five
cents, (all the property assessed to one individual to be counted
as one name,) one-half of which shall be paid out of the county
treasury, and the other half out of the treasury of the State.
SEC. 59. In addition to the compensation allowed to as-
sessors under the preceding section, the assessor of St. Louis
county shall receive a salary of twenty-five hundred dollars
per annum, one-half of which shall be paid out of the county
treasury of St. Louis county, and the other half by the State.
SEC. 60.-The county court shall cause the assessor to
to, certified to verify his account by oath or affirmation, and, under the seal
of the court, cause to be certified to the Auditor a copy of
such account, specifying the amount to be paid by the State,
who shall draw his warrant on the treasury of the State for
the same.
St. Louis
county, what
amount, and
how paid.
His account
to be sworn
Auditor, &c.
When good
cause is shown
may correct
erroneous as-
sessments,
&c.
SEC. 61. The county court of each county may hear and
by affidavit, determine all allegations of erroneous assessments, or mis-
county court takes or defect in the description or quantity of lands, at any
at any term term of said court before the taxes shall be paid, on appli-
cation of any person or persons, who shall, by affidavit, show
good cause for not having attended the court of appeals for
the purpose of correcting such errors or defect, or mistakes.
SEC. 62. — The clerk of the county court shall immedi-
corrections of ately correct the tax-book, and the copy thereof furnished
assessments for the use of the collector, under any order which may be
made by said court, in pursuance of the foregoing section;
and if, by such correction, any alteration is made in the value
Duty of
clerk when
are ordered.
REVENUE.
1337
CHAP. 135.
of the property, or the amount of the taxes, he shall certify
the same to the Auditor of State, who shall, on settlement,
allow the collector credit for any sum or sums to which such
correction may entitle him.
Duty of Au-
ditor.
If property
be not assess-
ed at full cash
value,
SEC. 63. Each county court, when sitting as a court of
appeals, shall carefully examine the tax-list returned by the
assessor, and determine, as far as possible, whether the pro-
perty therein listed has been assessed at its full and true cash
value; and, if it has not been so assessed, said court shall ment.
change the value thereof in the tax-list, and put it at such
value.
court
may correct
the assess-
ARTICLE III.
OF THE COLLECTION OF THE REVENUE, AND MISCELLANEOUS
PROVISIONS.
? 1. Sheriffs to be, ex officio, collect- | 8 14. The fifth section of this article
ors, except in St. Louis
county.
2. Sheriff to give bond as collect-
or; condition thereof.
3. Number of securities to bond,
and sheriff not to enter on
duties of office till bond
given.
4. On neglect or refusal to give
such bond, office to become
vacant.
5. Duplicates of such bonds, one
for county, the other for
State.
6. Before tax-book delivered to
sheriff, his bond to be ex-
amined; if insufficient, must
enter into an additional bond.
7. On refusal to give additional
bond, his office as collector
to be vacant.
8. County court of St. Louis
county to appoint a collector;
his tenure of office.
9. Such collector to have a certi-
ficate of his appointment.
10. If such county court refuse or
neglect to appoint collector,
clerk to do the same.
11. In case of vacancy in vacation
of county court, clerk to ap-
point collector.
12. Collectors, appointed according
to eighth, tenth or eleventh
sections of this article, to
give bond; condition thereof.
13. If such collector refuse to give
such bond, new collector to
be appointed.
to apply to collector of St.
Louis county.
15. When amount of bond not dou-
ble the revenue, the Auditor
shall require additional bond;
if additional bond not enter-
ed into, office vacant.
16. When Auditor finds securities
insufficient, county court to
proceed as in last section.
Collector may appoint deputy.
Every such deputation to be in
17.
18.
19.
writing, and may be revoked.
Notice of deputation and revo-
cation to be given.
20. When tax-book made out, it
shall be delivered to collector,
who shall be charged there-
with.
21. Collector to subscribe receipt,
and receipt and abstract of
tax-book to be transmitted to
Auditor of Public Accounts.
22. Penalty on clerk for neglecting
or refusing to transmit such
abstract to Auditor.
23. Power given to collector to levy
on and sell personal property
for taxes; no such levy and
sale to be made, until demand
of taxes.
24. Collector shall, also, collect ne-
cessary costs of such levy and
sale.
25. Chief officers of corporations
to give certificate of taxable
shares therein; and, in de-
fault of paying taxes, pro-
ceedings thereon.
1338
REVENUE.
Sheriffs, cx-
officio, collect-
ors, except in
CHAP. 135.
26. Penalty on corporation for fail- | 46. Provisions of twenty-second
ing to give such certificate.
27. Collector to give receipt for
taxes; its contents.
28. Sheriffs to collect all fines, &c.
29. Clerks to keep accounts of such
fines, &c.
30. The courts, at each term, to
make settlement with the
sheriff concerning such fines,
&c.
31. Certain other officers to settle
with the courts for such fines.
32. Proceedings when court makes
such settlement.
33. Duplicates of the records of
such settlement; one given
to the collector, the other to
county court.
34. On failure of officer to pay the
amount settled for, how col-
lector shall proceed.
35. Duty of collector on receiving
such amount.
36. Every officer failing to settle
may be attached and impri-
soned.
37. Delinquent to pay five per cent.
per month till paid; collect-
or to be credited with delin-
quency.
38. County court shall, at each
term, make collector account
for all moneys received by
him.
39. Collector unable to collect taxes
from any one, to return such
as delinquent; and being un-
able to collect from officers,
to return such officers delin-
quent.
40. Copy of such delinquent list to
be set up.
41. When delinquent list to be re-
turned, and collector to be
credited.
+
42. If there be no regular term
soon enough, special term.
43. Court to cause settlement with
collector to be recorded.
44. If collector fail to make settle-
ment, may be attached.
45. Such settlement to be trans-
mitted to Auditor.
section of this article apply
to failing clerks.
47. Delinquent list to be delivered
to successor.
48. When collectors (except St.
Louis collector) to pay re-
venue into State treasury.
49. St. Louis collector to deposit
in State bank.
50. His affidavit of such deposit to
be sent to Auditor.
51. Nothing in the last two sec-
tions to affect fees of such
collector.
52. Penalty on collectors for fail-
ing to deposit revenue.
53. Compensation of collector.
54. Compensation of collector of
St. Louis county.
55. Compensation of officer requir-
ed to pay certain moneys to
collector.
56. Lien allowed collector in cer-
tain cases.
57. Amount properly returned de-
linquent to be refunded to
collector in certain cases.
58. Duties of county court, clerk,
and Register of Lands, in re-
gard to erroneous assess-
ments of lands for taxes.
59. County Court of St. Louis
county may appoint a col-
lector of taxes imposed on
dramshops in said county;
tenure of office.
60. A certificate of appointment to
be given him.
61. Bond to be given; condition
thereof.
62. Statement of collections made
for State to be transmitted
to Auditor, when; amounts
collected to be deposited in
bank; settlement to be made
with court, when; amount
collected for county to be
paid into county treasury.
63. Other duties imposed on col-
lector.
64. Penalty and removal from office
for improper conduct in cer-
tain cases.
SECTION 1.--Every sheriff hereafter elected, (except the
sheriff of St. Louis county,) shall be, ex officio, collector of the
St. Louis revenue within his county, for two years, commencing on the
county.
first day of September next ensuing his election. (a)
(a) State, to use, &c., v. Fulkerson, 10 Mo. Rep., 681.
REVENUE.
1339
CHAP. 135.
Sheriffs to
thereof.
SEC. 2.- Every sheriff shall, at the time of executing his
give bond as
bond as sheriff, and before entering upon the duties of that collectors;
office, give bond and security to the State, to the satisfaction condition
of the county court, in a sum at least double the amount of
all the revenue to be collected by him, conditioned that he
will faithfully and punctually collect and pay over all the
State and county revenue for the two years next ensuing the
first day of September thereafter, and that he will, in all
things, faithfully perform all duties of the office of collector,
according to law.
SEC. 3.-The official bond of the sheriff, as collector, shall
be signed by at least five solvent securities; and he shall not
enter upon the discharge of the duties of his office as sheriff,
until he shall have executed his bond as collector.
Number of
sureties; not
duties till
bond be given.
to enter on
Failing to
give bond,
office to be-
come vacant.
such bonds;
one for the
for the State.
SEC. 4. If any sheriff shall neglect or refuse to give
bond, as required by the two next preceding sections, his
office of sheriff shall, immediately upon such neglect or re-
fusal, be vacant; and the county court shall thereupon imme-
diately notify the Governor of that fact, who shall forthwith
appoint some person to fill such vacancy, who will give such
bond.
SEC. 5. Such bond shall be executed in duplicate; one Duplicates of
part thereof shall be deposited and recorded in the office of
the clerk of the county court, and the other part shall be county, one
transmitted by the clerk to the Auditor of Public Accounts.
SEC. 6. The county court shall, at the end of the first
year, carefully examine the bond given by the sheriff as col-
lector, and may again examine the same at any time before
the tax-book of the second year of his term shall be delivered
to him, and by such examination ascertain if the bond be
sufficient, and the securities thereto still solvent and sufficient;
and, upon such examination, if found to be necessary, the
court shall require such sheriff to give an additional bond, as
collector, with good security, to be approved by the court, as
in the taking of the original bond.
SEC. 7.-If such sheriff fail to give such additional bond
and security, for ten days after he shall be required so to do,
his office of sheriff and collector shall be vacant.
SEC. 8.—The County Court for the county of St. Louis,
at its first session in each year, shall appoint a collector of
the revenue of the county, who shall be a respectable house-
Before tax-
book delivered
to sheriff, his
bond to be ex-
amined; if in-
sufficient,
must enter in-
al bond.
to an addition-
Effect of
failure to give
additional
bond.
Court of St.
Louis to ap-
point a col-
County
lector.
1340
REVENUE.
Certificate of
appointment
to be given.
If county
court fail,
clerk to ap-
point collect-
or.
Vacancies
CHAP. 135.
holder, resident within the same, and shall hold his office for
one year, and until his successor shall be appointed and
qualified.
SEC. 9. Such county court shall give the person ap-
pointed a certificate of his appointment, authenticated by
the seal of the court.
SEC. 10.-If such county court shall neglect or refuse
to appoint a collector, at its first session in the year, the clerk
thereof shall make the appointment, and give a certificate
thereof, as provided in the next preceding section.
SEC. 11.-In case a vacancy shall occur in such office,
filled by clerk, in the vacation of the county court, the clerk shall, in like
manner, appoint some suitable person to supply such vacancy.
Such collect-
or to give
bond; condi-
tion thereof.
Failing to
give bond, new
collector to be
appointed.
Application
SEC. 12. A collector, appointed according to the provi-
sions of the eighth, tenth or eleventh sections of this article,
and before he shall receive the certificate of his appointment,
or enter upon the discharge of the duties of his office, shall
give bond to the State, signed by himself, and at least five
solvent securities, in the sum of five hundred thousand dol-
lars, conditioned that he will faithfully and punctually col-
lect and pay over all the State and county revenue, for the
year next ensuing his appointment, and that he will, in all
things, faithfully perform all the duties of his office as col-
lector, according to law.
SEC. 13.—If such collector shall neglect or refuse to
give such bond for ten days after his appointment, his office
shall be vacant, and the county court, or clerk, (as the case
may require,) shall appoint some suitable person to fill such
vacancy who will give such bond.
SEC. 14. The provisions of the fifth section of this arti-
of fifth sec- cle shall apply to bonds to be executed by the collectors of
St. Louis county.
tion.
Auditor shall
require an ad-
ditional bond,
when; if addi-
tional bond be
not given, of
fice vacant.
SEC. 15.—When the amount of the bond given by any
collector of the revenue shall not be equal to double the
amount of the revenue with which his immediate predecessor,
in the same county, was charged, the Auditor of Public Ac-
counts shall require the county court of the proper county to
take additional bond and security; and if any collector shall
neglect or refuse to give such additional bond and security,
in ten days after he shall be notified so to do, his office of
collector (and if he be the sheriff, his office of sheriff) shall be
REVENUE.
1341
СНАР. 135.
declared vacant by the county court; and such court shall
either notify the Governor of such vacancy, in case of a
sheriff, or appoint a successor, in the case of the collector of
St. Louis county.
SEC. 16. Whenever it shall appear, to the satisfaction of
the Auditor, that the security given by any collector is in-
sufficient, he, and the county court, shall proceed in the man-
ner provided in the next preceding section.
County court
to proceed as
in last section,
when.
Collector
may appoint a
SEC. 17.- The collectors of the revenue may perform their
duties by deputy, and every deputy shall have the same legal deputy.
qualifications as the principal.
Deputation
to be in writ-
revoked, how.
SEC. 18. — Every deputation shall be in writing, under the
hand of the principal, who may revoke the same at pleasure, ing; may be
by a similar writing.
SEC. 19. The collectors shall give public notice of every
deputation and revocation, by putting up a notice at the tation, &c.
court-house door of their county.
SEC. 20.--As soon as may be, after the tax-book of each
year has been corrected and adjusted, and the amount of the
county tax stated therein, according to law, the county courts
shall cause the same to be delivered to the proper collector,
who shall give receipts therefor to the clerks of the county
courts, respectively; and each collector shall be charged by
such clerk with the whole amount of the tax-book so
delivered to him. (a)
SEC. 21.The collector shall, also, subscribe a receipt for
the tax-book, endorsed on the aggregate abstract thereof, as
required to be made out by the clerk by the provisions of the
fifty-sixth section of the second article of this act; which
abstract, with such receipt endorsed thereon, certified and
authenticated as required by the fifty-sixth section aforesaid,
shall be transmitted by the clerk to the Auditor of Public
Accounts, on or before the first Monday of October next after
such abstract shall be made out.
Notice to be
given of depu-
Tax-book to
be delivered to
the collector,
who shall be
charged there-
with.
Collector to
subscribe re-
ceipt, and re-
ceipt and ab-
stract of tax-
book to be
transmitted to
Auditor of
Public Ac-
counts.
Penalty on
clerk for fail-
SEC. 22.-If the clerk shall neglect or refuse to trans-
mit such abstract, as required by the provisions of the pre-ing to transmit
ceding section, he shall forfeit to the State the sum of one such abstract
hundred dollars, to be recovered in her name, by civil action;
and the certificate of the Auditor of Public Accounts, authen-
(a) Howard v. State, 8 Mo. Rep., 361.
to Auditor.
1342
REVENUE.
Power of col-
lector to levy
on
and sell
personal pro-
perty; no such
levy and sale
to be made
for taxes.
Necessary
and sale to be
CHAP. 135.
ticated by the seal of his office, setting forth the failure of
the clerk to comply with the provisions of the preceding sec-
tion, shall be prima facie evidence of the facts certified on
the trial of such action.
SEC. 23.—The collectors shall diligently endeavor, and
use all lawful means, to collect all the taxes specified in the
tax-books of their respective counties; and, to that end, they
shall have power to seize and sell the goods and chattels of
the person liable for the taxes, in the same manner as goods
and chattels are, or may be, required to be seized and sold
under execution issued on judgments at law, and no property
shall be exempt from seizure or sale for taxes; but no such
seizure and sale of goods shall be made until the collector
has demanded payment of the tax, either by personal appli-
cation to the party liable to pay the same, or by visiting his
place of abode for that purpose, and the lapse of ten days
without payment, after such demand. (a)
SEC. 24. Whenever taxes shall be levied by the sale of
costs of levy goods, in addition to the amount of the tax, the collector
shall levy the necessary costs of the proceeding, and ten per
centum on the amount of the tax for his trouble.
collected.
Chief officer
of corporation
to give certifi-
cate of taxa-
ble shares
SEC. 25.—The cashier, secretary or chief clerk, of any
corporation, the shares of which are taxable by law, at the
request of the collector, shall give him a certificate under his
hand, showing the number and amount of shares held in the
in default of stock of such corporation, the names of the holders, and the
paying taxes,
proceedings.
incumbrances thereon; and such collector, in default of the
payment by the corporation of the taxes due thereon, as re-
quired by the thirty-first section of the second article of this
act, shall seize and sell the same, in the manner prescribed
in the twenty-fourth [third] section of this article; and the
purchaser thereof shall be admitted to all the rights, powers
and privileges, that the holders of such shares had at the
time of seizing the same, and shall be entered by such cor-
poration on their books as the owners of such shares.
Penalty on SEC. 26. If any corporation, or any officer thereof, shall
corporation fail to comply with the provisions of the preceding section,
give such cer- such corporation shall forfeit to the State the sum of one
for failing to
tificate.
(a) County of Lewis v. Tate, 10 Mo. Rep., 650; (Walker v. City of St.
Louis, 15 Mo. Rep., 563, affirmed;) Christy v. City of St. Louis, 20 Mo
Rep., 143; Page v. City of St. Louis, Ibid, 136.
REVENUE.
1343
CHAP. 135.
thousand dollars, to be recovered by civil action, in the name
of the State, in any court of competent jurisdiction.
SEC. 27.— When a collector shall receive taxes on lands,
he shall designate, in his receipt for the same, the particular
tracts on which the taxes are paid, naming the range, town-
ship, section, quarter section, or quarter-quarter section, as
the case may require; or, if paid on town lots, then he shall
designate the lots on which the taxes are paid, giving the
number of the lots, the square or block, and the strect or
alley on which they are situate.
Collector to
give receipt
for taxes; its
contents.
Sheriffs to
fines, &c.
SEC. 28.-The sheriffs of the several counties shall col-
lect and account for all fines, penalties, forfeitures and other collect all
sums of money, by whatever name designated, accruing to
the State, or any county, in virtue of any order, judgment
or decree, of a court of record.
Clerks te
of fines, &c.
SEC. 29.-The clerks of the several courts of record
shall keep a true account of all fines, penalties, forfeitures keep accounts
and judgments, imposed, adjudged or rendered, in favor of
the State or any county, by their respective courts, distin-
guishing those payable to the State from those payable to
the county, and shall keep the same open for the inspection
of the judges of the respective courts, and the collector of
the revenue.
The courts,
at each term,
to make set-
SEC. 30. The several courts of record shall, at each
regular term, cause the sheriffs of the respective counties to
make a full and fair statement and settlement of all fines, tlement with
penalties, forfeitures and judgments received by them, and concerning
not before accounted for and paid over.
- C
SEC. 31. Whenever money shall come to the hands of
any officer, (except only the State Treasurer and collectors of
the revenue,) on account of fines, penalties, forfeitures and
judgments, in favor of the State or any county, such officer
shall state and settle the account thereof before the court
under whose authority the money was received, or on whose
writs, records or proceedings, the same accrued, at the first
regular term after the receipt of the money, in the same man-
ner as is above required of sheriffs.
the sheriff
such fines, &c.
Certain
other officers
to settle with
courts for
such fines.
Proceedings
when court
makes such
SEC. 32.- Whenever the court shall make such settle-
ment with any officer, the substance thereof shall be entered
of record, so as to show, separately, the whole amount re-settlement.
ceived by such officer; the amount of commissions allowed to l
*D 2 — VOL. II.
1344
REVENUE.
Duplicates
of the records
CHAP. 135.
him, by law, for collection; how much remains due to the
State, and how much to the county; on what account each
sum of money was received, and to what particular fund, if
any, it belongs.
SEC. 33.-Whenever any such settlement shall be made,
of such set- the court shall cause duplicate copies of the record thereof
tlement; one to be certified and delivered, one to the collector of the
given to the
collector, the revenue for the county, and the other to the clerk of the
county court; and the collector shall be charged by the clerk
of the county court with the sums appearing thereby to be
due to the State and to the county, respectively.
other to coun-
ty court.
On failure
of officer to
how collector
SEC. 34. All officers who shall have made settlements
pay amount with the courts, shall forthwith pay to the collector the full
settled for, amount with which they stand charged on such settlement;
and, in default thereof, the collector shall enforce the pay-
ment in the manner and by the means prescribed in the
[twenty-third and] twenty-fourth, twenty-fifth and twenty-
sixth, sections of this article in regard to taxes.
shall proceed.
Duty of col-
lector on re-
ceiving such
amount.
Every offi-
cer failing to
settle may be
attached and
imprisoned.
paid; collect-
or to be cre-
dited with de-
SEC. 35.-- Whenever the collector shall receive the
amount due from any such officer, by voluntary payment or
by sale of goods, he shall give such officer duplicate receipts
for the same, stating therein the whole amount received, how
much for the State, and how much for the county, and the
particular fund, if any, to which the same belongs; and the
officer taking such receipts shall, without delay, deposit one
of them with the clerk of the county court.
SEC. 36.- Every officer, required by this act to make set-
tlement with the respective courts and pay over to the col-
lector, who shall fail to settle his account in the time and
manner prescribed, may be attached and imprisoned until
such settlement shall be made to the satisfaction of the court
to which he is accountable.
Delinquent
SEC. 37.- Every such officer who shall fail to pay the
to pay five per
cent. per amount found due from him on such settlement, and who shall
month till be returned by the collector to the county court as a de-
linquent, so that the collector shall be credited in his account
with the amount of delinquency, shall forfeit five per centum
per month, upon the amount due from the time it ought to
have been paid until collected, which may be recovered by
Collector to suit upon his official bond, or otherwise, according to law.
linquency.
account at
each term.
SEC. 38. The several county courts shall, at each regular
REVENUE.
1345
CHAP. 135.
term, cause the collector to settle his account of all money
received by him from clerks, sheriffs, recorders, and other
officers, on account of fines, penalties and judgments; and
the settlement shall be entered of record, so as to show what
is due to the State and to the county, respectively, from what
officer received, from what branch of the revenue, and the
particular fund, if any, to which the same belongs. (a)
SEC. 39. Whenever any collector shall be unable to col-
lect any taxes specified on the tax-book, having diligently
endeavored, and used all lawful means, to collect the same,
he shall make a list thereof, to be called the delinquent tax-
list, in which shall be stated the names of all persons whose
taxes cannot be collected, alphabetically arranged, with the
amount due from each; and a like list of all delinquent
clerks and other officers, hereinbefore required to pay to the
collectors the amount of revenue by them respectively re-
ceived, to be called the delinquent list of officers.
SEC. 40. Every collector of the revenue shall, at least
ten days before the third Monday in December, in each year
for which he is collector, put up a copy of such delinquent
lists at the court-house door of his county, and, also, at one
of the most public places in each township in the county; and,
on failure to put up such copies, such collector, so failing,
shall be liable for the amount of such delinquent lists.
SEC. 41. At the term of the county court, to be held on
the third Monday in December, the collector shall return the
delinquent lists, under oath or affirmation, to such court, and
settle his account of all moneys received by him, on account
of taxes and other sources of revenue; and the amount of
such delinquent lists, or so much thereof as the court shall
find properly returned delinquent, shall be allowed and
credited to the collector in his settlement.
Collector
unable to col-
lect taxes,
proceedings.
Copy of
such delin-
quent lists to
be set up.
When de-
linquent lists
to be return-
ed, and col-
lector to be
credited.
Special
called, when.
SEC. 42. If there be no regular term of the county
court, in any county, on the third Monday in December, a term shall be
special term of such court shall be called by any two
justices thereof, to be held on that day in each year, for the
purpose of making the settlement required by the preceding
section.
(a) Price v. Johnson County, 15 Mo. Rep., 433.
1346
REVENUE.
CHAP. 135.
Settlement
with collector
SEC. 43.-The court shall cause such settlement to be
to be re-entered of record, so as to show the amounts due to the
State and county, respectively.
corded.
fail to make
If collector SEC. 44.If any collector fail to make settlement in
settlement, the time and manner prescribed, he may be attached,
may be at- until he make such settlement to the satisfaction of the
county court.
tached.
Such set-
tlement to be
SEC. 45. Immediately after any settlement made by
transmitted any collector with the county court, a copy of the record
thereof shall be certified and transmitted by the clerk to the
Auditor of Public Accounts.
to auditor.
What provi-
sions apply to
Delinquent
lists to be deli-
SEC. 46. The provisions of the twenty-second section of
failing clerks. this article shall be applicable to the case of a clerk failing
to comply with the provisions of the next preceding section.
SEC. 47. The delinquent lists allowed to any collector
shall be delivered to his successor, who shall collect the same,
and account therefor, as for other moneys collected by him,
and shall return such lists to the clerk of the court, to be de-
livered to his successor, and so on, until the whole shall be
collected.
vered to suc-
cessor.
When col-
lectors (ex-
collector) to
pay revenue
SEC. 48.-Every collector (except the collector of St.
cept St. Louis Louis county) shall, annually, on or before the first Monday
in January, pay into the State treasury the whole amount of
the revenue with which he may stand charged, deducting his
commission; and the Treasurer shall give duplicate receipts
for the amount paid, one of which shall be deposited with
the Auditor within five days after its date.
into the State
treasury.
St. Louis
collector to
State bank.
SEC. 49. The collector of the county of St. Louis shall,
deposit in the on the first Monday in each month, deposit in the Bank of
the State of Missouri, to the credit of the Treasurer of the
State, all moneys received by him for the State, first deduct-
ing the amount of his commission, and take from the cashier
a certificate of every such deposit, which shall be received by
the Treasurer of the State in payment of the revenue.
Affidavit
of such depo-
sit to be sent
to Auditor.
SEC. 50. Such collector, when he shall make such de-
posit, shall transmit to the Auditor of Public Accounts an
affidavit, setting forth the amount of revenue which he has
received since the last deposit, and the amount retained by
sections not to him for his commission.
Last two
affect fees of
such collector.
SEC. 51.-Nothing contained in the two preceding sec-
REVENUE.
1347
CHAP. 135.
tions shall be so construed as to affect, in any wise, the rate
or amount of commission which such collector would be enti-
tled to on his final settlement.
SEC. 52. For every failure of the collector to deposit.
the revenue, as required by the forty-ninth, fiftieth and sixty-
second sections of this article, he shall forfeit to the State
the sum of five hundred dollars, to be recovered of him and
his securities by suit on his official bond; and the Auditor
shall direct the prosecution of such suit immediately on the
occurrence of such failure.
SEC. 53. Every collector (except the collector of the
revenue for St. Louis county) shall receive, as full compensa-
tion for his services in collecting the State and county reve-
nue, as follows: First, Upon all revenue collected upon
licenses, two per centum; Second, Upon all revenue col-
lected from clerks, recorders and other officers, two per
centum; and upon all other revenue, as follows: First, Upon
all sums not exceeding one thousand dollars, seven per
centum; Second, Upon all additional sums above one thou-
sand dollars, and not exceeding two thousand dollars, five per
centum; Third, Upon all additional sums above two thou-
sand dollars, and not exceeding three thousand dollars, four
per centum; Fourth, Upon all additional sums above three
thousand dollars, three per centum; and the collectors shall
be allowed ten cents for every mile they may necessarily
travel in going to the Seat of Government, and returning to
their place of residence, for the purpose of paying the reve-
nue into the State treasury: Provided, Such compensation.
shall not be allowed for mileage more than once in each year.
SEC. 54. The collector of St. Louis county shall receive,
as full compensation for his services in collecting the State
and county revenue, one and one-half per centum upon all
revenue collected by him, except the special tax levied, or
hereafter to be levied, for the benefit of railroads, for which
he shall receive one-half of one per centum, and no more.
SEC. 55. All officers required by this article to receive
and pay over to the collectors any part of the State and
county revenue, shall receive, as full compensation, commis-
sion on the amount received, at the rate of two per centum.
SEC. 56. — Every collector who shall pay into the treasury
the full amount of the State tax on the book, on or before
Penalty on
collectors for
failing to de-
posit revenue.
Compensa-
tion of col-
lector.
Compensa-
tion of col-
lector of St.
Louis county.
Compensa-
tion of other
collecting offi-
cers.
Lien allowed
certain cases.
collector in
1348
REVENUE.
CHAP. 135.
the day prescribed, shall have the same lien upon the pro-
perty chargeable with the taxes advanced by him, as the
State would have, if the taxes remained unpaid; and may
proceed to collect the same for one year after such payment
into the treasury, in the same manner as other taxes are col-
lected, notwithstanding the appointment of another collector.
Amount SEC. 57.—If any collector shall, within one year after he
properly re-
turned delin- has paid into the treasury the full amount of the State taxes
quent, to be in the tax-book, publish such delinquent list as above directed,
collector in and return the same to the county court, the amount properly
certain cases. returned delinquent shall be allowed to him by the court, and
paid out of the State treasury.
refunded to
Duties of
county court,
gard to erro-
neous assess-
ments of lands
for taxes.
SEC. 58.-The several county courts are hereby author-.
clerk, and ized and empowered to hear and determine all allegations of
Register of erroneous assessments of lands for taxes, and, in all cases
Lands, in re-
where it shall appear that lands have been erroneously taxed,
either by having them assessed to more persons than one, or
more than once for the same year to the same person, or if
the land was not subject to taxation, the said courts shall
order the same to be corrected on the books of the proper
assessor, and shall cause the clerk to certify the same to the
Register of Lands, whose duty it shall be to make the correc-
tions on the books in his office: Provided, That no money
shall be drawn out of the State treasury by virtue of the
above provisions of this act.
County
Court of St.
SEC. 59.- The County Court of St. Louis county may
Louis may ap- appoint a special collector of all State and county taxes im-
point a col-posed on dram-shops and tippling-houses in said county, who
on dram - shall hold his office for one year, and until his successor shall
shops; tenure be appointed and qualified.
lector of taxes
of office.
A certificate SEC. 60. — Such county court shall give to the person thus
of appoint-
ment to be appointed a certificate of his appointment, authenticated by
given him.
Bond to be
given; condi-
tion thereof.
Statement
of collections
the seal of the court.
SEC. 61. — Such special collector shall give bond, in a sum
of at least ten thousand dollars, with at least two good secu-
rities, to be approved by said court, with condition for the
faithful performance of the duties of his office.
SEC. 62. At the end of every month said collector shall
made for State make out a correct statement, verified by affidavit, of the net
amount of all State taxes collected by him, and shall trans-
mit the same to the Auditor of Public Accounts, and shall
to be trans-
mitted to Au-
ditor, when.
REVENUE.
1349
CHAP. 135.
immediately thereafter pay the same into the Bank of the
State of Missouri, to the credit of the Treasurer of the State
of Missouri; and at every regular term of the county court
of said county, said collector shall make a settlement with
said court, and shall immediately pay into the county trea-
sury
the full net amount of the county taxes, found to have
been collected by him.
Amounts col-
lected to be
ment to
be
deposited in
bank; settle-
made with
court, &c.
Acts 1847,
p. 57.
Other duties
imposed on
SEC. 63. — It shall be the special duty of said collector,
to make diligent inquiry to ascertain the names of all per- collector.
sons who act as keepers of dram-shops, or tippling-houses of
any kind, or retail liquors in any manner without license, or
who otherwise violate the law in relation thereto, and to de-
liver to the grand jury at each term a list of such offenders,
and the names of witnesses to be summoned; and shall, also,
give to the circuit attorney such information as may tend to
enforce the proper observance of the law.
SEC. 64.-If any collector shall collect taxes when none
are due, or shall willfully exact or demand more than is due,
he shall be indicted and fined in any sum not less than fifty
dollars, and may, also, be removed from office.
ARTICLE IV.
OF THE COUNTY REVENUE.
? 1. County courts have power to 3 5. When and where collector of
levy taxes for county pur-
poses.
2. When tax-book is made out,
rate of such taxes to be
fixed.
3. Same to be entered of record.
4. Collector to pay amount col-
lected into the county trea-
sury.
St. Louis county shall depo-
sit moneys received for his
county; his certificates of
such deposits shall be pre-
sented to court, when; shall
make settlements, when.
6. Penalty on collector for not
paying over revenue accord-
ing to law.
SECTION 1.-The several county courts are empowered
Ibid.
Penalty and
removal from
office, for im-
proper con-
duct.
County
courts to have
power to levy
ty purposes.
to levy such sum as may be annually necessary to defray
the expenses of their respective counties, by a tax upon all taxesforcoun-
property and licenses made taxable by law for State pur-
poses; but the county tax shall in no case exceed the State.
tax, on the same subject of taxation, more than one hundred
per centum for the same time; but the County Court of St.
Louis county is empowered to impose an additional tax, not
exceeding one-twentieth of one per centum, if they deem it
necessary, in order to pay jurors summoned in the several
1350
REVENUE.
When tax-
book is made
such taxes to
be fixed.
CHAP. 135.
courts of said county; which tax, if imposed, shall be applied
to the payment of jurors only.
SEC. 2.- As soon as may be, after the tax book of each
out, rate of county shall be corrected and adjusted, according to law, the
county court shall ascertain the sum necessary to be raised
for county purposes, and fix the rates of taxes on the several
subjects of taxation, so as to raise the required sum, and the
same to be entered in proper columns in the tax-book.
Same to be
entered of re-
cord.
Collector to
pay amount
collected into
the county
treasury.
When and
where collect-
SEC. 3. Whenever the county courts shall ascertain the
amount to be raised for county purposes, and fix the rates of
county taxes, they shall cause the same to be entered of
record, so as to show the whole amount to be raised, and the
proportion which the rates of the county tax bear to the
rates of State tax, upon the same subject of taxation.
SEC. 4.-Every collector of the revenue, having made
settlement, according to law, of county revenue by him col-
lected or received, shall forthwith pay the amount found due
from him into the county treasury, and the clerk of the
county court shall give him a receipt therefor, under the seal
of the court.
SEC. 5.- The collector of St. Louis county shall, on the
or of St. Louis third Monday of every month, deposit with the treasurer of
county shall St. Louis county all moneys received by him for the county,
deposit reve-
nue; his cer- deducting his commission therefrom, and take from said trea-
surer his certificate of such deposit, which shall be presented
to the county court, at his regular settlement with said court,
at each regular term, at which regular term said collector.
shall make settlement of his account of all moneys collected
by him.
de-
to be
ticates of de
presented to
court, when.
Penalty on
collector for
not paying
over such re-
venue.
SEC. 6. Every collector who shall fail to make payment of
the amount due from him on settlement, or in the time and
manner prescribed by law, shall forfeit two and a half per
centum a month on the amount wrongfully withheld, to be
computed from the time the amount ought to have been paid,
until actual payment.
ARTICLE V.
OF THE SALE OF LAND FOR TAXES.
21. Delinquent lists of lands and 3 2. The lists shall be returned to
town lots to be examined by
the county courts, and cer-
tified to the Register.
the Register of Lands, when;
his duties in relation to such
lists.
REVENUE.
1351
CHAP. 135.
3. The Register shall record lists. 22. Party paying taxes at office of
4. Taxes due on lands returned,
paid, when and how; when
paid, quietus to be granted;
neither Register nor clerk to
act as agent for the payment
of such taxes
5. Register to report to Auditor
amount of taxes so paid,
when; Treasurer to be charg-
ed with the amount.
6. Lands to be sold for non-pay-
mentofiaxes, to be advertised.
7. Notice of sale, how given.
8. Slips, setting forth lands to be
sold, to be sent to collectors,
to be set up by them in the
municipal townships.
9. Lists of land to be advertised,
how arranged by Register.
10. Register to make out. annually,
lists for the several counties,
showing amount of State and
county taxes separately.
11. List sent to collectors under
last section, to be sufficient
authority to sell.
12. Taxes may be paid to collector
after receiving lists, at any
time before sale, how; re-
ceipt to be given.
13. Lands upon which the taxes
are unpaid to be sold, when,
how and where
14. Payment of amount bid to be
made. when; land to be re-
sold, when.
15. Certificate of collector to pur-
chasers, to be prima facie eri-
dence of title.
16. The certified list of Register to
be filed, where and when;
what remarks shall be noted
on it by the collector.
17. Clerk of county court to send
a copy of such list to Regis-
ter of Lands, who shall re-
cord the same.
18. Fees allowed by Register to
clerks, how pail.
19. Duties of clerks of county
courts, collectors and trea-
surers, after return of sales
of lands.
20. Amount of taxes, &c., due the
State from collector, to be
certified to Auditor; collector
to be charged therewith;
amount to be paid, when;
penalty for failure.
21. Receipt to be given after pay-
ment of taxes on lands cer-
tified out for sale; duties of
collector; his fees.
*E VOL. II.
State Treasurer, on lands re-
turned uusold," hall pay
•
interest, costs, fifteen per
cent. and fee of Register.
23. Collector failing to file report
of sale, to be charged with
the whole amount of taxes;
duties of clerk and Auditor.
24. Taxes due on lands returned
"unsold," may be paid, where,
when and how.
25. Duty of collector, if satisfied
that the tax has been paid.
26. Register may not advertise
lands and town lots for sale,
when.
27.
28.
Taxes may be refunded; when
and how.
Lands sold for taxes may be
redeemed, at what time, and
where.
29. Duties of Register and Trea-
surer upon application to re-
deem..
!
30. Register shall report to Aurli-
tor an account of mouejs
paid to Treasurer for re-
demption of lands; Treasurer
to be charge therewith.
31. Auditor shall draw warrants
for such moneys, when.
32. Minor heirs applying to redeem
lands shall produce certifi-
cates of certain facts.
33. Lands sold for taxes and not
redeemed, shall be conveyed
by Register to purchaser,
when and how; fees of Re-
gister to be paid, by whom.
34., Such deeds shall be evidence,
when, and to what ex cut;
they are not to be executed
till, when.
35. Limitation of a minor heir's
right to redeem.,
36. Right of redemption to be es-
tablished before minor can re-
deem; effect of a judgment
rendered as to such right.
37. Fees of collectors and Printer,
how paid.
38. Fee of collector for setting up
advertisements, how paid.
39. When a portion of a tract or
lot is sold for taxes on the
whole, the portion shall be
specified, when and where.
40. Duties of Register, Treasurer
and Auditor, as to Register's
fees.
41. Penalty on an officer for rio-
lating any provision of this
article.
1352
REVENUE.
Delinquent
lists of lands
ed by county
courts, and
certified to the
Register.
CHAP. 135.
SECTION 1.-At the term of the county court at which
and town lots the delinquent lists are annually to be certified, as provided
to be examin- in the [forty-first] forty-second section of the third article of
this act, the said courts shall examine and compare the lists
of lands [and] or town lots, on which the tax remains due and
unpaid, and, if any such lands or town lots have been as-
sessed to more persons than one, or more than once to the
same person, or if the legal subdivision be incorrectly de-
scribed, in all such cases, the said courts shall correct such
errors, by the best means in their power, and shall cause the
lists so corrected to be certified to the Register of Lands,
under the seal of the court, and shall, also, cause the amount
of State tax, so stricken off, to be certified in like manner to
the Auditor of Public Accounts.
The list shall
returned to
when; his
tion thereto.
SEC. 2. The several collectors shall return the said lists,
the Register so certified, to the Register of Lands, immediately after the
of Lands, third Monday of December, of each year, which shall be filed
duty in rela- by said Register in his office, to be disposed of as is here-
inafter provided; and the Register of Lands shall immedi-
ately certify to the Auditor of Public Accounts, the amount
of State tax appearing to be due upon said lists; but the
Register shall not have power to receive or file such lists in
his office, after the thirty-first day of January next succeed-
ing the time when it should have been returned, as above
provided.
The Regis-
ter shall re-
cord such
lists.
Taxes due
on lands may
SEC. 3. It shall be the duty of the Register of Lands
to record, in a well-bound book, the delinquent lists of lands
returned to his office annually, which book shall be a full and
complete copy of the delinquent lists, as returned to his
office by the several collectors of the State; and the Register
shall, without fee, show said list to any person who may wish
to see the same.
SEC. 4.-The taxes on the lands and town lots so returned
be paid, when may be paid at any time prior to the first day of June, next
and how; when succeeding the date of the return, and not afterwards, by
paid, quietus
to be granted; paying into the State treasury the amount due thereon, with
neither Regis- interest at the rate of fifteen per cent. per annum,
to be com-
puted from the first day of December of the year for which
the taxes became due; and upon the production of the Trea-
surer's duplicate receipts therefor, the Register shall grant
the party a quietus, and mark the same paid on the records
ter nor clerk
can act as
agent for the
payment of
taxes.
REVENUE.
1353
СНАР. 135.
of his office; but in no case shall the Register grant a
quietus to a party, except upon the actual production of the
Treasurer's duplicate receipt; nor shall the Register, or any
clerk of the Register, in any case, receive any taxes upon
such lands or town lots, or act as an agent for the payment
of such taxes.
Acts 1849,
p. 113.
New clause.
Register to
report to Au-
ditor; Trea-
SEC. 5.- The Register of Lands shall, on the first day of
each month, report to the Auditor the amount so paid into
the treasury, and, also, file with the Auditor one of the Treasurer to be
charged.
surer's duplicate receipts; and the Auditor shall thereupon
charge the Treasurer with the amount.
SEC. 6. On the first Monday of June, annually, next
succeeding the returns required to be made by the second
section of this article, the Register of Lands shall cause all
the lands and town lots remaining in his office upon the de-
linquent lists of the preceding year, upon which the taxes
and interest have not been paid, and that may have been
bought in for, or forfeited to, the State, to be advertised for
sale on the first Monday in October next thereafter, at the
place of holding courts in the respective counties.
Lands to be
advertised to
be sold for
non-payment
and where.
of taxes, when
Notice of
given.
SEC. 7.- Such notice shall be advertised in some news-
paper published in the City of Jefferson; and the Register sale, how to be
shall immediately transmit four copies of such advertisement.
to the collector of each county, in which any of such lands
may be, and [one] of which the collector shall put up at the
court-house door of his county, one shall be deposited in the
office of the clerk of the county court, subject to the inspec-
tion of all persons, without fee, and one shall be deposited
and preserved in the office of the clerk of the county court.
SEC. 8. The Register shall, also, cause to be printed
twenty slips for each county, setting forth the lands and town
lots, advertised for sale in such county, which slips shall be
by him forwarded to the collectors of the proper counties,
who shall put the same up at the most public places in the
several municipal townships in their respective counties.
SEC. 9. The lists of lands and town lots, to be advertised.
as required in the next preceding section [seven of this arti-
cle,] shall be arranged by the Register in regular numerical
order, beginning at the lowest number of range and township
in each county, and in each township commencing with sec-
tion one and running to thirty-six; if it be a New Madrid or
Slips, setting
be sold, to be
sent to col-
lectors, to be
forth lands to
set up by
them.
Lists of land
to be adver-
tised, how
arranged by
the Register.
1354
REVENUE.
Register to
СНАР. 135.
Spanish claim, then the number of the survey, the township
and range; or, if a town lot, the number of the lot, with such
other local description as may be obtained from the records
of his office. The aggregate amount of taxes, interest and
costs, together with the Register's fee of fifteen cents for
each tract of laud or town lot, certified out for sale, (the in-
terest to be computed up to the date of the advertisement, at
the rate of fifteen per cent. per annum,) appearing to be [due,
shall be set] opposite such tract of land or town lot, together
with the name of the person to whom each tract of land or
town lot was assessed, and the year for which the taxes are
due.
SEC. 10.—The Register of Lands shall, on or before the
make out, an- first Monday in August, in each year, make out a fair copy
nually, lists
State and
county taxes,
separately. /
for the several of all the lands and town lots alluded to in the sixth section
counties
of this article, situate in each county, separately, which said
showing the
amount of list shall exhibit the amount of taxes due upon each tract of
land, for State and county purposes, separately; and he shall
leave a sufficient space on the right of each tract or lot of
land for the remarks necessary to be made by the collector,
in making his report to the clerk. The Register of Lands
shall send to the collector of the proper counties, said lists,
certified under the seal of his office.
Lists sent to
collectors un-
der last sec-
sufficient au-
Taxes may
SEC. 11. The lists of lands and town lots, required by
the last preceding section to be sent to the collectors, shall
tion, to be be sufficient authority to the several collectors to sell the
thority to sell. lands and town lots set forth and described in the same.
SEC. 12. The taxes on said lands and town lots may be
be paid to col paid at any time after the lists are received by the collector,
ceiving lists. prior to the sale, by the party paying to the collector the full
at any time amount of such taxes, costs and interest, at the rate of fifteen
how; receipt per centum per annum, to be computed from the date of the
to be given.
advertisement of the Register of Lands, and the collector
shall thereupon issue his receipt, and mark the same "paid
before sale," on the certified list furnished by the Register.
lector after re-
before sale,
Lands upon
which taxes
are upid to
be sold, when,
u:
how and
where.
SEC. 13. All the lands and town lots upon which the
taxes are unpaid, on the first Monday in October, annually,
shall be publicly exposed to sale by the collectors, for the
taxes, interest and costs, due thereon, before the court-house
door of the county; and they shall sell so much of each and
every tract of land and town lot as will be sufficient to pay
-
REVENUE.
1355
CHAP. 135.
coutiuued.
such taxes, interest and costs. The sales to be continued from Sales to be
day to day, not exceeding six days, (Sundays excluded,) ex-
cept in the county of St. Louis, where the sale may be con-
tinued from day to day, not to exceed thirty days, until all
the lands and town lots are offered; and if no person will pay
the taxes, interest and costs, due on any tract of land or
town lot, when offered for sale, the collector shall report said
land or town lot "unsold," to be disposed of as hereinafter
provided.
SEC. 14. Whenever any lands or town lots are exposed
to sale by the collectors, under the provisions of this article,
the collector is hereby authorized to require of the purchaser
of any lands or town lots, payment of the amount by him
bid for the same, as soon as any land or town lot may be
struck off to him; and it shall be the duty of the collector,
at the instance and request of any person, to demand of the
purchaser the payment of the amount by such person bid for
any land or town lot, as soon as the same is struck off to him;
and if the purchaser fail to make payment immediately, it
shall be the duty of the collector to offer such land or town
lot for sale again immediately, and shall not consider the bid
of the person so failing to make payment.
SEC. 15. It shall be the duty of the collector, upon full
payment of the amount for which any tract of land or town
lot is sold, to grant to the purchaser a certificate thereof;
which certificate shall be prima facie evidence of the title to
the premises thus sold, until the time for the redemption of
such lands shall have expired, and shall warrant the pur-
chaser in taking possession of, and using the premises; but
such purchaser shall not cut or carry away any timber on the
land so purchased, until the expiration of the time for re-
demption.
SEC. 16. The several collectors shall, within five days
after they shall have made sale under the provisions of this
article, file in the office of the clerk of the county court of
their respective counties, the certified list furnished by the
Register, with a remark opposite to each tract of land or
town lot, setting forth the disposition made of it; if sold, to
whom, and the amount paid by the purchaser, or, if not sold,
the amount for which it was offered for sale and bid in for,
by the State.
}
Payment of
amount bid to
be made,
when; land to
when.
be resold,
Certificate
of collector to
purchasers, to
be prima facie
evidence of
title.
The certified
list of Register
to be filed,
where and
when;
what
remarks shall
he noted on it
by the col-
lector.
1356
REVENUE.
county court
of
CHAP. 135.
Clerk of SEC. 17.- Each clerk of the county court shall carefully
to send a copy keep and preserve the list, required in the last preceding sec-
of such list to tion to be filed in his office, and shall, without fee, show said
Register
Lands, who list to any person who may wish to see the same. Said clerk
shall record shall, within ten days after the filing of said list in his office,
send a true and perfect copy of the same to the Register of
Lands; said copy shall be under the seal of the court, which
shall be recorded in the office of Register of Lands, in a well-
bound book, kept for that purpose.
the same.
Fees allow-
ed by Register
to clerks, how
paid.
Duties of
clerks of coun-
county trea-
of lands.
SEC. 18.—The Register of Lands shall allow the several
clerks five cents for each hundred words contained in the
copy of the list mentioned in the last preceding section, and
fifty cents for his certificate and seal, and shall certify said
allowed account to the Auditor of Public Accounts, who shall
draw his warrant on the State treasury for the same.
SEC. 19. The clerks of the county courts shall, so soon
ty courts, col- as the collectors make return of their sales under the provi-
lectors and sions of this article, charge their respective collectors with
surers, after the amount of county tax, which he may have collected by
return of sales virtue of said sales. Such clerk shall, as soon as the amount
of county tax is ascertained by him, give the collector a scrip,
showing the amount of money that is due from him to the
county, on account of such sales and redemptions, which said
scrip the collector shall deliver to the treasurer of his county,
and pay the money to the Treasurer, who shall give the col-
lector a receipt for the same, which said receipt the collector
shall file in the office of the clerk of the county court; and
the clerk of said court shall thereupon give the said collector.
a receipt for the moneys to which his county may be entitled,
and the said clerk shall thereupon enter a proper charge
against the county treasurer.
Amount of
taxes, &c., due
SEC. 20.—The clerks of the county courts shall, each,
the State from within ten days after the collector shall have made a return
collector to be of his sale, ascertain the amount of money received by the
certified to
lector to be
Auditor; col- collector by virtue of this article, on account of taxes, inte-
charged there- rests and costs, due the State, and shall certify the said
with; amount amount to the Auditor of Public Accounts, who shall, as
to be paid,
when; penalty soon as he receives the clerk's certificate, make the proper
charge against the collector. Said collector shall pay said
money into the State treasury, at such time as he is required
to pay in other State revenue; and if the collector shall fail
for failure.
REVENUE.
1357
СНАР. 135.
Acts 1847,
to pay any part of said money into the State treasury at the
proper time, he shall be subject to the same penalties that
usually attach against a delinquent collector for failing to p. 119.
pay in revenue, and the same proceedings shall be had against
such delinquent collector and his securities.
Receipts to
be given upon
payment of
certified out
for sale; du-
ties of collect-
or; his fees,
amount, and
by whom paid.
SEC. 21.—In case of the payment of taxes upon any
lands or town lots, which shall have been certified to a col-
lector for sale, under the provisions of this article, the col-taxes on lands
lector shall give the party paying the same a receipt, speci-
fying the amount thereof, describing the land or lot upon
which the taxes are paid, and the year for which the same
were due; and said collector shall include in his estimate of
taxes due upon [any] tract of land or town lot, all costs and
interest which shall have accrued against such land or lot,
before the taxes are paid upon the same; and the said col-
lector shall be entitled to demand and receive the sum of
twenty-five cents for each tract of land or town lot upon
which he shall receive the taxes, to be paid by the party
paying the taxes.
SEC. 22.—In case of payment of taxes upon lands or lots,
which shall have been returned "unsold," under the provi-
sions of this article, when the payment is made at the office
of the State Treasurer, the party so paying shall, also, pay
all the interest and other costs which shall have been due
upon such land or lot, at the time of its being returned "un-
sold," together with fifteen per cent. per annum from the day
of sale, and, also, the sum of twenty-five cents as a Register's
fee, for each of such tracts or lots.
Ibid.
Party pay-
office of State
ing taxes at
Treasurer on
lands return-
ed "unsold,"
shall pay in-
terest, costs,
fifteen per
cent. and fee
of Register.
Collector
report of sale,
with whole
SEC. 23.—If a collector shall fail to file the report of sale
within five days after such sale, as is required in the six-failing to file
teenth section of this article, the clerk of the county court
shall have no power to receive such list, but shall certify the
fact to the Auditor of Public Accounts, who shall charge the
said collector with the whole amount of taxes advertised in
his county.
SEC. 24. —The taxes on any lands and town lots which may
be returned "unsold," as is above provided, may be paid at
the office of the State Treasurer, at all times, except when the
same are certified out for sale; and the taxes upon all lands
and town lots certified to the several collectors under the pro-
to be charged
amount of
taxes; duties
of clerk and
Auditor.
Taxes due
"un-
turned
on lands re-
sold," may be
paid, where,
when
|
how.
and
1358
REVENUE.
CHAP. 135.
Acts 1847, visions of this article, may be paid at any time before the
p. 119.
Duty of col-
lector, if satis-
fed that the
tax has been
paid.
Ibid.
Register may
not advertise
land and town
when.
same are sold.
SEC. 25. Whenever it shall appear, to the satisfaction of
the collector, that the tax for which any tract of land or
town lot, certified to him for sale, has been paid, he shall
reserve the same from sale, and state that fact on the list to
be returned by him to the clerk.
SEC. 26. Whenever it shall appear, to the satisfaction of
the Register of Lands, that a certain tract of land or town
lots for sale, lot has been improperly returned delinquent, or that it is im-
properly described, or if, from any cause, he shall become
satisfied that said land or town lot will not bring the taxes
and costs with which it appears to stand charged, he shall
make the proper remarks opposite to it on the récords of his
office, and shall not advertise it for sale.
Ibid.
Taxes may
be refunded,
how.
SEC. 27. Whenever it shall appear, to the satisfaction of
when and the Register of Lands, that the taxes have been paid more
than once upon the same tract of land, for the same year,
by the same person, it shall be his duty to certify that fact,
together with the amount improperly paid, to the Auditor of
Public Accounts, who shall draw his warrant on the State
Treasurer for the same, in favor of the person entitled
thereto; and it shall be the duty of the Auditor to report to
the next Legislature the amount paid out of the State trea-
sury under this section.
Lands sold
for taxes may
be redeemed,
when and
where.
SEC. 28. Any land or town lots which may be sold under
the provisions of this article, for taxes, interest and costs, due
thereon, may be redeemed at any time within two years from
the date of such sale, by the claimant, or any person for
him, paying into the State treasury, for the use of the pur-
chaser, double the amount of taxes, interest and costs, for
Acts 1817, which the same may have been sold. Lands or lots belong-
ing, in whole or in part, to minors, may be redeemed at any
time before the expiration of one year from the time the
youngest of said minors shall become of full age.
p. 121.
Duties of
Register and
Treasurer up
SEC. 29. Upon application to redeem a tract of land or
town lot sold under the provisions of this article, the Regis-
on application ter of Lands shall deliver to the party a scrip, showing the
amount necessary to redeem such property, and the name of
the person from whom it is [to be] redeemed; and upon the
to redeem.
REVENUE.
1359
CHAP. 135.
payment of said amount into the treasury, the Treasurer shall
issue duplicate receipts, which shall be delivered to the Regis-
ter, who shall thereupon grant the party a certificate of re-
demption, for which he shall be entitled to receive and demand
a fee of twenty-five cents on each tract so redeemed; but in
no case shall the Register grant to any party a certificate of
redemption, until the duplicate receipts of the Treasurer shall
be filed with him by the party redeeming such land or lots.
SEC. 30. — On the first day of each month, the Register of
Lands shall report to the Auditor of Public Accounts, an ac-
count of all moneys paid into the treasury, under the provi-
sions of the foregoing section, and shall, in each case, file
with said Anditor one of the Treasurer's duplicate receipts;
and the Auditor shall thereupon charge the Treasurer with
the amount, and shall credit the individual from whom the
land was redeemed, with the proper amount.
Acts 1847,
p. 121.
Register
shall report to
Auditor an ac-
count of mo-
neys paid to
the Treasurer
tion of lands;
Treasurer to
be charged.
for redemp-
Ibid.
Auditor shall
draw warrants
for such mo-
Ibid.
Minor heirs,
applying to re-
leem lands,
shall produce
certain facts:
certificates of
SEC. 31. Upon application, the Auditor of Public Ac-
counts shall draw his warrant on the State Treasurer for any
redemption money which may have been paid into the trea-neys, when.
sury under the provisions of this article, which shall be paid
out of any money in the treasury not otherwise appropriated.
SEC. 32. When any person or persons shall apply to the
Register of Lands, to redeem any lands or town lots sold
under the provisions of this article, alleged to have belonged
to minor heirs, it shall be incumbent on the person or per-
sons so applying, to produce to said Register a certificate of
the clerk of the county court of the proper county, under his
seal of office, setting forth that it appears from the records
of said court, that such person or persons are the legal heir
or heirs of the former owner of said tract or tracts of land
or town lots, and that such former owner died before such
tract of land or town lot was sold for taxes, and, also, the
true age of the youngest of said heirs; and, in cases where
there has been no will, or any settlement of said intestate's
estate, before the county court to which such jurisdiction be-
longs, such heir or heirs shall go before some court of record,
and exhibit proof of his or their heirship, minority and age;
and, on producing the certificate of the clerk of such court,
under his seal of office, of the above facts, such heir or heirs
shall be entitled to all the rights of redemption, as are here-
inafter allowed; and, in all cases when such certificate shall
*E 2 — VOL. II.
Ibid.
1330
REVENUE.
Lands sold
for taxes and
not redeemed,
shall be con-
veyed by Re-
gister to pur-
chaser, when
and how; fees
CHAP. 135.
be made without this State, it shall be authenticated accord-
ing to the laws of the United States, and the certificate, con-
taining the evidence on which the right to redeem is predi-
cated, shall, in every case, be delivered to the Register of
Lands, and by him filed and preserved in his office.
SEC. 33. Where lands and town lots have been sold
under the provisions of this article, and shall not be redeemed
within two years from the time of such sale, the Register of
Lands shall, upon application, execute good and sufficient
deeds of conveyance to all persons entitled thereto, convey-
ing the lands or town lots in such deed; which deed the Re-
gister of Lands shall record in a well-bound book, to be kept
for that purpose, and for which he shall be entitled to demand
Acts 1847, and receive fifty cents for the first tract in said deed, and
twelve and a half cents for each additional tract contained in
said deed, to be paid by the person applying therefor.
of Register to
be paid, by
whom.
p. 122.
Such deeds
dence, when
SEC. 34. Such deeds, so executed and recorded, shall,
shall be evi- without any further proof, be received as evidence in all
and to what courts in which the title to any land or town lot, purporting
extent; they to be conveyed by the same, shall be brought in question;
executed till, and such deed shall be prima facia evidence of title, in fee
are not to be
when.
Ibid.
Limitation
heir's right to
redeem.
simple, in the purchaser, for the taxes to the land or town
lots set forth in the same; and the burden of proving that
the title is not in the person claiming to hold under the deed
from the Register of Lands, shall lie upon those claiming
adversely to such deed; but the Register shall be satisfied,
upon due examination, that all the requisitions of the law have
been complied with, before he executes his deed, as provided in
the thirty-third section of this article. (a)
SEC. 35. — If the lands or lots of a minor shall be sold
of a minor for taxes, and a deed, as above mentioned, shall have been
executed, such minor shall have the right to redeem within
three years after he shall have attained to the age of twenty-
one years, by paying to the purchaser, or person holding
under him, double the amount of all the taxes and costs,
which the purchaser did necessarily incur, together with fif-
teen per cent. per annum from the date of such deeds.
Ibid.
(a) Morton v. Reeds, 6 Mo. Rep., 64; Reeds v. Morton, 9 Ibid, 868; Boone
v. Moore, 14 Mo. Rep., 420; Nelson v. Goebel, 17 Mo. Rep., 161. No title
to land sold for taxes passes until a deed is executed by the Register. The
deed does not relate back to the sale. Donohoe v. Veal, 19 Mo. Rep., 331.
REVENUE.
1361
CHAP. 135.
Right of re-
demption to be
established
cuit court of
the county in
which the
SEC. 36.- Before any such minor shall be allowed to re-
deem, as is provided in the last preceding section, he shall
establish his right to redemption by petitioning the circuit before the cir-
court of the county in which the land desired to be redeemed
is situated. In such proceeding, he shall make the purchaser,
or the person claiming under such purchaser, a party; and
the circuit court shall order and adjudge that such person,
claiming the right to redeem on account of minority, is, or is
not, entitled to redeem, and such judgment shall be conclu-
sive as to all parties to the proceedings.
land is situate,
before the mi-
deem; effect
of a judgment
nor can
re-
rendered as to
such right.
Fees of col-
lectors and
Printer, how
SEC. 37.-The collector shall be entitled to a fee of
twenty-five cents for each tract of land or town lot sold under
the provisions of this article, to be paid by the purchaser, paid.
and five cents on each tract or lot returned "unsold," to be
paid by the State, each of which fees he shall include in his
report to the clerk; the Printer, in the City of Jefferson, for
each tract advertised, six cents; for each tract contained in
the slip furnished the register, two cents; each of which
sums the Register shall include as a part of the costs set out
in the advertisement, and shall be paid out of the State
treasury, upon the production, to the Auditor of Public Ac-
counts, of the certificate of the Secretary of State that such
service has been performed.
Fee for set-
ting up adver-
SEC. 38. — The collector shall be entitled to the sum of
three dollars for setting up the advertisements required by tisements,
this article, to be paid out of the State treasury.
SEC. 39. The collector, at the time of exposing the land
and lots for sale, under the provisions of this article, shall
designate from what part the portion sold is to be taken; and
the deed, when made, shall designate the said portion ac-
cordingly.
SEC. 40. When the Register shall give to any person,
applying to pay taxes or to redeem lands, a scrip to the
Treasurer, showing the amount required to pay such taxes or
redeem such lands, he shall, also, state in such scrip the amount
of Register's fees allowed by law, which fees shall be paid
to the Treasurer; and it shall be the duty of the Treasurer
to report to the Auditor of Public Accounts, on oath, at the
time of making his quarterly settlements with the Auditor,
the amount of Register's fees received by him, up to the date
how paid.
When a por-
tion of a tract
or lot is sold,
it shall be
specified.
Duties of
Register,
Treasurer and
Auditor, as to
Register's
fees.
1362
REVENUE.
Penalty on
an officer for
CHAP. 135.
of such report, and the Auditor thereupon shall charge the
Treasurer with the amount of fees so reported.
SEC. 41. Any officer who shall willfully refuse or neglect
violating any to perform any duty enjoined on him by the provisions of
this article, shall be deemed guilty of a misdemeanor in office,
and fined in a sum not exceeding one thousand dollars.
provision of
this article.
Collector to
pay over all
moneys to hi
successor, and
take duplicate
receipts there-
for.
Duty of
clerk and
Auditor re-
lating to such
receipts.
Such sue
OF
THE DUTIES
ARTICLE VI.
DUTIES OF COLLECTORS WHEN THEIR TERMS OF
3 1. Collector
SERVICE EXPIRE.
city.
to pay over all 2 4. What such receipts shall spe-
moneys to his successor, and
take duplicate receipts there-
for.
2. Duty of clerk and Auditor as
to the amounts specified in
the receip's.
3. Such successor to pay said
money into State treasury, at
what time.
5. Duty of the legal representa-
tives upon the death of the
collector.
6. New collector shall give re-
ceipts, how many, what for,
and to whom; he shall be
charged, with what sums, by
the clerk and Auditor.
SECTION 1. At the expiration of the term for which the
several collectors are elected, (or as soon thereafter as their
successors shall have qualified,) they shall pay over all
moneys which may be in their hands, due the State, to their
successors in office, and take duplicate receipts therefor, one
of which receipts they shall file with the clerk of the county
court of their respective counties, and retain the other for
their own benefit.
SEC. 2. It shall be the duty of the county clerks, as
soon as they receive the receipts above mentioned, to certify
the same to the Audi or of Public Accounts, stating the
amount of such receipts; and it shall be the duty of the
auditor, upon the receipt of the same, to place the amount
thus certified to the credit of the collector whose term of
service has expired, and charge the same to his successor in
office.
SEC. 3. — It shall be the duty of the collectors, charged
eessor to pay with the moneys mentioned in the next preceding section, to
said money 1
in-
to the State pay the same into the State treasury, on the first Monday in
treasury. January next thereafter.
What such
SEC. 4.—In the receipts mentioned in the first section of
receipts shall this article, [it] shall be specified, particularly, on what ac-
specify.
ROAD AND CANAL FUND.
1363
CHAP. 136.
count the moneys mentioned were received, whether for taxes
on lands, or from merchants, dram-shops or pedlers' licenses,
or from other sources.
ap-
Duty of the
sentatives,
legal repre-
upon the
death of the
SEC. 5. — Whenever any collector shall die after he has
received the tax-book for any year, his legal representatives
shall hand over at once to his successor, as soon as he is
pointed and qualified, the tax-book, and shall, also, pay over collector.
at once, out of the estate, all moneys which have been col-
lected by the deceased collector and then in his hands.
shall give re-
ceipts, how
for and to
whom; he
shall be charg-
ed, with what
-ums, by the
and Auditor.
SEC. 6. — The new collector shall execute receipts in tri- New collector
plicate, to be attested by the clerk of the county court, for the
tax-book so delivered, and showing the amount already col-many, what
lected upon the same; also, receipts in triplicate for the amount
of taxes collected by the deceased collector, from all sources,
and paid over to him by the administrator or executor; one
of each of which receipts shall be certified by the clerk to county clerk
the Auditor of Public Accounts, who shall thereupon charge
the new collector with the balance of the State taxes due on
the tax-book, and the amount paid over to him by the ex-
ecutor or administrator of the deceased collector; another
shall be filed in the office of the clerk of the county court,
upon which to charge the new collector with the county
revenue; and the third shall be given to the executor or ad-
ministrator of the deceased collector.
Approved December 13, 1855.
CHAPTER CXXXVI.
ROAD AND CANAL FUND.
AN ACT CONCERNING THE ROAD AND CANAL FUND.
31. State Treasurer to draw the 4. Until otherwise provided, the
three per cent. fund accruing
to this State, from the United
States
2. Such money to constitute a
separate fund, called the
"Road and Canal Fund;" to
be accounted for as such.
tu
3. Amount received by Treasurer
to be reported to the Au
ditor, stating the amount and
time of receipt.
road and canal fund shall b
equally divided among the
counties.
5. To be divided half yearly, if
amount exceed two hundred
dollars.
6. Apportionment and division to
be made by Treasurer and
Auditor; notice, &c., to be
given each clerk of the
county court.
1364
ROAD AND CANAL FUND.
The State
Treasurer
draw the three
per cent. fund
accruing to
this State
from the
CHAP. 136.
unite their funds, to con-
struct or improve roads,
bridges or canals, when.
14. Fund may be appropriated to
the objects prescribed, or
loaned out at interest; how
managed in such case.
15. Court to make biennial report
to Auditor; contents of the
report.
27. County court has power to | 13. Two or more counties may
draw for such money; where
placed and how kept.
8. Treasurer may give check on
bank or other place of de-
posit, and transmit the check,
by mail, to county court.
9. What disposition county court
may make of the check.
10. Such fund shall be applied in
constructing or improving
roads, bridges or canals.
11. Liability of each member of
the county court for mis-
application of the fund.
12. County Court of St. Louis
county may apply their
share to grading and mac-
adamizing of roads.
16. Treasurer to open separate ac-
count with each county;
what he shall state in his
biennial report in respect to
said fund.
17. No compensation allowed to
the county treasurer under
this act.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.-The State Treasurer is authorized and re-
to quired, from time to time, to draw for, and receive from the Se-
cretary of the Treasury of the United States, all sums of money
which may accrue to the State, on account of the three per
cent. of the net proceeds of the sales of the public lands of
the United States, lying within the State of Missouri, accord-
ing to the laws of the United States, and deposit the same.
in the State treasury, subject to the disposition of the General
Assembly for the improvement of the country by roads and
canals.
United States.
Such money
constitute
separate
fund, &c.
to
a
SEC. 2.—The money received on the account aforesaid,
shall constitute a separate fund, to be called the "Road and
Canal Fund," and shall be managed, stated and accounted
for, separately from the general revenues of the State.
Amount re-
ceived to be
of
reported to
Auditor.
Shall be di-
SEC. 3. Whenever the Treasurer shall receive any sum
money on account of the road and canal fund, he shall,
without delay, report the same to the Auditor of Public Ac-
counts, stating the amount received, and the time of the
receipt thereof.
SEC. 4. Until otherwise provided, by law, the road and
vided among canal fund shall be equally divided among the several counties
in this State.
the counties.
To be di-
yearly, when.
SEC. 5. The division of the fund shall be made semi-
vided half- annually, if the amount in the treasury be large enough to
make the share of a county equal to two hundred dollars;
and if not, then it shall be made annually.
ROAD AND CANAL FUND.
1365
СНАР. 136.
SEC. 6. The apportionment and division of the fund
among the counties shall be made at the treasury, by the
Treasurer and Auditor of Public Accounts, who shall, without
delay, give notice thereof, and that the money is ready to be
paid to the respective counties, by a letter written to the
clerk of the county court of each county.
SEC. 7. -Each county court shall have power to draw on
the Auditor of Public Accounts for a warrant on the State
Treasurer for the amount of the share to which such county
is entitled; which, when received, shall be placed in the
county treasury, and constitute a separate fund, to be called
the "County Road and Canal Fund," and shall be managed,
stated and accounted for, separately from the general funds
of the county.
Apportion-
ment and di-
vision to be
made by Trea-
ditor, &c.
surer and Au-
County court
has power to
draw for such
money, &c.
Treasurer
check, &c.
SEC. 8.Whenever any part of the road and canal fund
shall have been paid by a draft, drawn by the Treasurer of may give
the United States, on any bank or other place of deposit,
and an apportionment thereof shall have been made, the
Treasurer, on the presentation of the Auditor's warrant for
the share of any county under such apportionments, shall
draw a check on the said bank or other place of deposit, in
favor of the county court entitled to such share, or their
order, and shall transmit the same to the said court by mail.
SEC. 9.It shall be the duty of the said county court to
sell such draft, or to draw the money due thereon, in such
manner as shall seem most to the interest of the county; but
no draft shall be sold for less than its par value, nor for any
thing else than ready money.
cause
SEC. 10. The county court of each county shall have
control of the county road and canal fund, and shall
the same to be applied to the construction and improvement.
of roads, bridges or canals, and to no other object.
SEC. 11.-If, by any order of any county court, any part
of the fund shall be misapplied to objects other than roads,
bridges and canals, the members of the court present at the
time of making the order, and consenting thereto, shall be
individually liable for the amount so misapplied, and the same
may be recovered, by suit, in the name of the county, for the
use of said fund.
SEC. 12.—The County Court of St. Louis county may, in
their discretion, appropriate the whole, or any part, of the
What dis-
position court
may make to
cash the draft.
Such fund,
how applied
by the court.
Liability of
each member
of the county
court for a
tion of the
misapplica-
fund.
County
Court of St.
ply it, how.
Louis may ap-
1366
ROAD AND CANAL FUND.
Two or more
counties may
struct and im-
CHAP. 136.
road and canal fund to which said county may be entitled,
for the purpose of grading and macadamizing any road or
parts of roads.
SEC. 13. — If two or more counties (acting by their re-
anite their spective courts) shall think proper to unite their funds, for
funds to con- the construction or improvement of any road, bridge or canal
prove roads, of common utility, they are authorized to do so; and any
contracts which they may jointly make, for the more con-
venient accomplishment of the common object, shall be as
binding as in case of a single county.
&c.
May be ap-
propriated as
SEC. 14. — The several county courts may either appro-
above, or priate the funds directly to the object prescribed, or, if
loaned out at thought best for the permanent interests of the county, may
interest; how
managed in lend the same at ten per cent. interest per annum, taking
such case.
Court to
make biennial
report to the
Auditor; its
contents.
Treasurer
rate account
county; what
care, in every instance, to require good and ample security.
The interest accruing on every such loan shall be added to,
and made a part of, the fund.
SEC. 15. Each county court shall biennially make a re-
port to the Auditor of Public Accounts, for information of
the General Assembly, containing a full and particular ac-
count of the condition of the fund, stating how the same,
and every part thereof, has been applied or disposed of, what
works of internal improvement have been constructed, what
improvements have been made, what works have been under-
taken and are in progress, the amount applied to each object,
the money lent at interest, and on what security, and the
amount of losses, if any.
SEC. 16. — The Treasurer shall open a separate account of
to open sepa- the road and canal fund, with each county in the State, and,
with each in his biennial report to the General Assembly, shall set
forth the condition of the fund, showing how much has been
received into the treasury since the last biennial report, how
much has been apportioned to and paid each county, what
counties, if any, have failed to draw their share, and how
much remains for distribution.
he shall state
in his biennial
report.
No compen-
sation allowed
SEC. 17. No compensation shall be allowed or paid to
any county treasurer for the performance of any duty in
surer under relation to the county road and canal fund.
County
this act.
trea
Approved November 23, 1855.
ROADS AND HIGHWAYS.
1367
CHAP. 137.
CHAPTER CXXXVII.
ROADS AND HIGHWAYS.
AN ACT FOR OPENING AND REPAIRING PUBLIC ROADS AND HIGHWAYS.
ARTICLE I.-OF COUNTY ROADS. ARTICLE II.-OF STATE ROADS.
ARTICLE I.
OF COUNTY ROADS.
1. County roads to be opened and | 3 19. Summons to issue against
repaired, how.
2. Power given to county court to
establish or alter roads.
8. Width of such roads.
4. In what condition roads to be
kept.
5. Bridge worth more than fifty
dollars, not to be built by
Overseer.
6. In what manner a new road to
be petitioned for.
7. Notice of intended application
to be given.
8. Court may grant the prayer of
such petition, and appoint
commissioners.
9. Copy of the order to be given
to the sheriff.
10. Sheriff shall deliver to the
commissioners a copy of such
order.
11. Sheriff shall return the origi-
nal.
12. Commissioners to proceed to
view the route, &c.
13. Shall make affidavit before en-
tering on duty; what it shall
be; to be drawn in blank,
and sent with order of ap-
pointment.
14. Have power to call a surveyor
and chainmen to their aid
15. Surveyor shall survey the route
and make plat thereof; plat
and report of commissioners
to be filed, where and when.
16. Report shall specify through
whose lands the road will
pass, &c.
17. Summons to issue to owners
and tenants, when.
18. Commissioners shall assess da-
mages, when.
*F VOL. II.
owners and tenauts, except-
ing, &c., not giving consent,
when; road to be established
and opened, when; costs to
be paid by county.
20. What the summons shall be; to
be served, how.
21.
When a jury may be called to
assess damages.
22.
Costs adjudged, how; damages
and costs incurred by the
county, to be paid, out of
what fund.
23. Other commissioners appoint-
ed, when; to proceed, how.
24. If report be against the road,
it shall not be established;
if favorable, objectors to pay
costs.
25. Court may order the road to be
opened.
26. Application, how and to whom
made for permission to turn
road, for the purpose of cul-
tivating land.
27. Commissioners to be appointed
in such cases; report of pro-
ceedings, how and when to
be made.
28. Upon report being made, in
what cases court to vacate
that part of road, &c.; com-
missioners' report to be re-
corded; judgment for costs.
29. Before application is made for
a change, notice to be given,
where, when and how.
30. Twelve householders may pe-
tition to vacate a road.
31. Petition to be publicly read on
first day of court to which it
is presented, and matter con-
tinued; notice to be given.
:
1368
ROADS AND HIGHWAYS.
CHAP. 137.
32. At next term shall again be 56. Accounts to be kept by over-
read, and, if no remonstrance,
road to be vacated.
33. If remonstrance, court to pro-
ceed, how.
34. Judgment on the report to be
conclusive.
35. Municipal townships to be laid
off into road districts; over-
seer to be appointed to each
district; shall serve one year.
36. Such appointment deemed to
be accepted, unless renounc-
ed, when and how.
37. An allotting justice to be ap-
pointed to each municipal
township.
38. Clerk to deliver copies of or-
ders of such appointments to
sheriff, when.
39. Same to be served, when and
how; and to be returned,
when and how.
40. Duties of allotting justice.
41. No person to work on more
than one road division at the
same time.
42. How long an allotting justice
to act as such.
43. Discretionary power given the
justice in allotting hands.
44. Before entering on duty, over-
seers to take oath; what it
shall be.
45. Overseer shall apply to allot-
ting justice for hands to work
his road division.
46. Who shall work on roads.
47. Poll and property tax to be
levied for road purposes;
slaves liable to work on roads
to be assessed separately.
48. Road tax to be apportioned
among road districts, how.
49. Lists of the names of the per-
sons subject to work on roads,
and amount of tax to be de-
livered overseers, when and
how.
50. Tax may be paid in labor;
notice to be given.
51. Names of slaves subject to
poll-tax to be furnished to
overseers by owners; duty
of overseers.
52. Road lists to be corrected,
when and how.
53. Power of overseer to collect
tax.
54. Tax to be expended in repair-
ing road district.
55. Taxes levied on lands of non-
residents to be collected and
distributed, how.
seers; successor to have all
papers and moneys belonging
to his district.
57. Overseers shall, annually, file
with clerk of county court a
statement; what it shall con-
tain.
58. Similar statement, with all pa-
pers and moneys, to be handed
to successor.
59.
60.
Failing to do so, he shall be
cited before county court.
Successor may sue predecessor,
when.
61.
Fees of clerk; compensation
of road overseer.
62. Road hands to be called out,
when.
63. What notice sufficient to hands,
to work roads.
64. Penalty on hand failing to at-
tend.
65. Penalty on hand attending, but
failing to obey orders of over-
seer.
66. Qualifications of a substitute;
liability of person sending.
67. List of delinquent hands to be
given to justice for suit; suit,
how brought; payment of
costs.
68. What tools and sort of team
entitle a person owing road
tax to a credit.
69. Privilege given overseer to en-
ter adjacent lands for certain
purposes.
70. When the owner of such land
feels aggrieved, how to get
redress.
71. Court may appoint an over-
seer to each municipal town-
ship.
72. When new road established,
county court to appoint an
overseer thereof.
73. Such overseer to have notice of
appointment.
74. The allotting justice to give
such overseer a list of hands.
75. Such hands to have notice, and
to be subject to all the duties
of other hands.
76. Discretionary power given jus-
tice in making such allot-
ment.
77. New road being opened, to be
kept in repair like other
roads.
78. Finger-board kept at forks of
roads.
79. Compensation for erecting fin-
ger-board.
ROADS AND HIGHWAYS.
1369
CHAP. 137.
80. Penalty on persons for ob- 97. Successor may have judgment
structing roals, &c.
81. Additional penalty for continu-
ing such obstruction.
82. Penalty for injuring signboard.
83. Penalty on overseer for neglect
of duty, &c.
84. No person required to act as
overseer more than one year.
85. What shall excuse him for one
year.
86. Penalty on sheriff, clerk and
justice, for neglect of duty.
87. Such penalties to be recovered
by indictment, and paid into
county treasury.
88. Such fine to go to credit of
road and canal fund.
against predecessor for dou-
ble damages, when.
99. Taxes collected or due under
former laws, to be paid to
Overseer.
99. Acts of a majority of commis-
sioners valid.
100. County courts may vacate por-
tions of State roads, when.
This power to be exercised,
how.
101.
102.
Hands cutting out and opening
roads, to have credit on his
road tax.
103. Certificate of such work to be
given to hand.
101.
89. The fines imposed on other
persons to be recovered by 105.
action.
90. Fines against minors, appren-
tices and slaves, to be re-
covered of guardian or mas-
ter.
108.
91. When constable shall collect 107.
any fine, &c., to pay same to
Overseer.
92. Overseer to apply fines received
by him to repairing roads.
93. List of overseers to be laid be-
fore grand jury by clerk.
94. What facts shall be necessary
to be proven against over-
seer, on an indictment.
108.
109.
Procedure to establish private
roads.
Reviewers to mark out the
road, report thereon, and as-
sess damages.
Persons owning land through
which road passes to be noti-
fiel, how.
Julgment shall be given for
damages assessed, and for
costs, against petitioner.
New review may be ordered,
when.
Persons objecting on account
of insufficiency of damages
may have a trial by jury.
110. Who may travel such road, and
whose duty it shall be to keep
it in repair.
95. This act to be given in special
charge to the grand jury.
96. Commissioners, &c., how paid.
111.
Two or more may join in such
petition.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.- All county roads shall be opened and re-
paired, according to the provisions of this act.
SEC. 2. The county courts shall have power to make and
enforce all orders necessary, as well for establishing and
opening new roads, as to change or vacate any public road,
or any part thereof, in their respective counties.
Roads to be
opened and
repaired, how.
Power given
to county
court to esta
blish or alter
roads.
Width of
SEC. 3. All county roads shall be cut out not less than
twenty feet, nor more than forty feet wide, to be determined, such roads.
from time to time, by the county court ordering the opening
of the same, according to the supposed utility of such road.
SEC. 4.All county roads shall be cleared of trees, and
limbs of trees, which may incommode horsemen or carriages, roads to be
and no stump, in any county road, shall exceed eight inches kept.
in height; and wet grounds and small water-courses shall be
In what
condition
1370
ROADS AND HIGHWAYS.
Bridge not
CHAP. 137.
causewayed or bridged, in such manner as to enable horsemen
and carriages to pass with safety and facility.
SEC. 5.- No bridge shall be built by the overseer and
to be built, hands, the building of which shall be worth more than fifty
when, &c.
In what
manner new
road to be pe-
titioned for.
Notice of
intended ap-
dollars.
OF APPLICATIONS FOR ROADS, AND THEIR INCIDENTS.
SEC. 6. Application for new county roads shall be
made by petition, signed by at least twelve householders of
the township, or townships, in which such road is desired,
three of whom shall be of the immediate neighborhood, speci-
fying the proposed beginning, course and termination thereof,
with not more than two points, named in such petition, on
the direction of said road.
SEC. 7.- Notice of such intended application shall be
plication to be given by advertisements, put up in two or more of the most
given. public places in such township, or townships, at least twenty
days prior thereto.
Court may
grant prayer
SEC. 8. The court, when such petition is presented and
of such peti- publicly read, and upon proof of notice, as required by the
next preceding section, shall appoint three disinterested
householders of the county as commissioners.
tioner, when.
Copy of the
order to be
given to the
sheriff.
SEC. 9. The clerk of such court shall, within ten days
after the appointment of such commissioners, deliver to the
sheriff of the county a copy of the order of such appoint-
ment, with an endorsement thereon of the time of delivery.
SEC. 10.—The sheriff shall, within ten days thereafter,
notify the persons appointed, by delivering to each of them a
copy of such copy of such order, or by leaving such copy at the usual
place of abode of such commissioner, with some white mem-
ber of his family over the age of fifteen years.
Sheriff to dc-
liver to com-
missioners
order.
a
Sheriff shall
return
originals.
the
Commission-
ers to proceed
route, &c.
SEC. 11. The sheriff shall return the original order of
appointment to the clerk who delivered it to him, with his
certificate thereon, showing. how he executed the same, before
the next regular term of the county court.
SEC. 12. The commissioners, having made the affidavit
to view the hereinafter provided, shall proceed to view the route pro-
posed, and to lay out and mark such road on the most direct
line, and on the best ground that can be obtained, not run-
ning through any person's inclosure, without the consent of
the owner, unless a good way cannot otherwise be had.
Afi lavit to
be made.
SEC. 13. — The said commissioners, before entering upon
ROADS AND HIGHWAYS.
1371
?
CHAP. 137.
Affidavit to
be awn in
with order of
appointment.
the duties of their offices, shall make and subscribe, before
some competent officer, an affidavit, faithfully and diligently bank and sent
to perform, without favor or partiality, the duties enjoined on
them by this act; which affidavit shall be drawn in blank, by
the clerk of the county court, and sent with the copy of the
order of their appointment.
To call a sur-
veyor and
SEC. 14. The commissioners shall have power to call to
their aid the county surveyor, or any other competent sur-chainen to
veyor, and chain men, if necessary.
their aid.
Surveyor
shail survey
the route and
make plat
thereof; plat
and report
SEC. 15. — The surveyor shall cause the route fixed upon
by the commissioners to be correctly surveyed and measured,
and shall make out, under the direction of the commissioners,
a correct plat of the route surveyed, together with such topo-
graphical information as may be deemed important; which commission-
plat, together with a full report of their proceedings, shall be
filed by the commissioners in the office of the county court
clerk, on or before the first day of the next term after their
appointment.
SEC. 16.—The commissioners shall make and certify a
copy of their proceedings to the ensuing regular session of
the court, specifying through whose lands said road will pass,
and whether the owner and tenant of said land gave his or
their consent to the location of said road; which consent
shall be in writing, and shall accompany, and be filed with, the
report.
ers to be filed,
where and
when.
Report shall
Specify whose
will pass
through, &c.
lands the road
Summons to
issue to own-
ers and te-
SEC. 17.- If such written consent shall not accompany
such report, the court shall order summons to be issued to
the owners and tenants of the land through which the same rants, when.
is proposed to be run, to show cause why such road shall not
be opened.
Commission-
ers shall as-
sess damages,
SEC. 18. — In every case where such written consent is not
obtained, and the owner be a minor or non-resident of the
county, the commissioners shall assess the damages (if any) when.
which they think may result to any such owner of land
through which said road may run, taking into consideration
the advantages as well as the disadvantages of said road to
such owner, and include in their report the amount of
damages assessed, and for what land, and to whom assessed;
and if no damages be assessed, the report shall so set forth.
SEC. 19. It shall be the duty of the clerk of said court,
within ten days, to put all summons against such persons owners, &c.
Summons to
issue against
1372
ROADS AND HIGHWAYS.
cepted.
CHAP. 137.
Who are ex-(except minors and non-residents of the county) as have not
given consent in writing, into the hands of the sheriff of his
county, who shall execute the same in the manner prescribed;
Road to be upon the return of such summons executed, if no objections
established be made, such road shall be established and opened, in pursu-
and opened,
costs ance of the provisions of this act, and the costs shall be taxed
to be paid by and paid out of the county treasury.
when;
the county.
What shall
be the com-
be served,
how.
SEC. 20. Such summons shall command the sheriff to
mands of the summon such person or persons, to appear on the first day of
summons; to the next regular term of the county court, to show cause
why such road shall not be established and opened; and such
summons shall be served at least ten days before such term,
by reading the same to each of them, or by leaving a copy
of such summons at the usual place of abode of such person,
with some white member of his family over the age of fifteen
When a jury
may be called
mages.
years.
SEC. 15. If any person through whose land such road
to assess da- may run, and who shall not have given his written consent
thereto, shall, on the day of the return of the summons exe-
cuted, which are authorized to be issued, appear and file his
objections in writing, setting forth his grievances, the court
shall thereupon order the sheriff to call a jury of six com-
petent men, who shall try the case and assess the damages
sustained by such objector; and the jury may, in addition to
other evidence, if the court shall so direct, proceed to and
examine the ground on which such road runs.
Costs a judg-
ed, how; da-
mages and
to be paid, out
of what fund.
SEC. 22. If the amount of damages assessed by the jury
be the same, or less than the amount assessed by the com-
costs incurred missioners, the person objecting to the assessment of the com-
by the county,
missioners shall be adjudged to pay the costs; and if more,
the costs shall be paid by the county; and the damages
assessed, and all costs incurred in behalf of the county under
this act, shall be paid either out of the county treasury or
out of the road and canal fund, as the county court may
direct, and shall draw their warrant for the same.
Other com-
missioners to
SEC. 23. If any ten householders of any township, or
be appointed, townships, through which the proposed road may run, shall
when; to pro- object at such time, by way of remonstrance, to the utility
of such road, other commissioners shall be appointed, who
shall proceed in like manner as the commissioners appointed
in the first instance.
ceed, how.
ROADS AND HIGHWAYS.
1373
CHAP. 137.
SEC. 24. — If such commissioners report against the utility
of such road, the same shall not be established, and the peti-
tioners shall pay the costs; but if they report favorably
thereto, the objectors shall pay the costs.
Road not
established,
when; costs,
by whom paid.
Court may
order the road
SEC. 25. — After all the reports of the commissioners, and
the assessment of damages, as provided, shall be made, if to be opened.
the county court shall deem the road of sufficient public
utility to justify the payment of the damages assessed as
aforesaid, the said court shall order the road to be opened,
and it shall forever be considered a public highway, unless
altered, changed or annulled, by authority of law.
OF THE VACATION AND CHANGE OF ROADS.
SEC. 26.- Any person wishing to cultivate lands through
which any road may run, may petition the county court for
permission to turn such road on his own land, or on the land
of any other person consenting thereto, in writing, at his
own expense. (a)
Application
for permission
to turn road,
how and by
whom made.
Commission-
and when to
SEC. 27. The court shall thereupon appoint three com-
missioners, disinterested householders, who shall make affida-ers to be ap-
pointed; their
vit and proceed in like manner, as provided for commission- report, how
ers under the eighth [twelfth] section of this article, to view
the same, and report the respective distances and situation of
the ground of the established and proposed road, at the first
term of the court thereafter.
SEC. 28.-If, upon the report, the county court be satis-
fied that the public will not be injured by such change, it shall
order the same; and, upon satisfactory proof of such road
being opened in such manner, the court shall make an order,
vacating so much of the former road as lies between the dif-
ferent points of intersection, and record the report of the
commissioners; and judgment shall be given against the peti-
tioner for all costs, and execution shall issue therefor.
ap-
be made.
Upon report
being made,
in what cases
court to vacate
that part of
road, &c.;
commission-
ers' report to
be recorded,
&c.
Before appli-
for a change,
cation is made
notice to be
given, where,
when
how.
and
SEC. 29. Before any application to the county court for
any change in any established road, in whole or in part, shall
be heard, said court shall be satisfied that notice of such
plication has been given, at least twenty days before the
making thereof, by not less than three advertisements, set up
in the neighborhood of the road proposed to be changed.
SEC. 30.-Any twelve householders of the township or petition to va-
(a) Overbeck v. Galloway, 10 Mo. Rep., 364; 19 Mo. Rep., 257.
Who may
cate a road.
1374
ROADS AND HIGHWAYS.
Petition to
be publicly
read on first
day of tern,
and continu-
ed; notice to
be given.
At next
term, shall
again be read,
and if no re-
monstrance,
same to be va-
cated.
If remon-
strance, court
CHAP. 137.
townships may make application, by petition, to the county
court, for the vacation of any county road as useless, and
the repairing thereof an unreasonable burthen to such town-
ship, or townships.
SEC. 31. The petition shall be publicly read on the first
day of the session at which it is presented, and the matter
continued, without further proceedings, until the next term,
except that the petitioners shall cause notice to be made of
such application, for the vacation of such road, as provided
in section seven of this article.
SEC. 32. — At the next succeeding regular session, the
same shall be again publicly read on the first day, and, if no
remonstrance be made thereto, in writing, signed by twelve
householders, the court may, on proof that notice has been
given, proceed to vacate such road, or any part thereof, and
the costs shall be paid by the petitioners.
SEC. 33. If such remonstrance be made, the court shall
to proceed, appoint three commissioners, who shall be governed in all
respects by the provisions of this act regulating the proceed-
ings of commissioners appointed upon applications for new
roads.
how.
Judgment
on the report
to be conclu-
sive.
Municipal
be laid off in-
seer to be ap-
pointed to
each district;
shall serve one
SEC. 34. The judgment of the court upon the report of
the commissioners in such cases, shall be conclusive in the
premises.
OF ROAD DISTRICTS, OVERSEERS AND ALLOTMENT OF HANDS.
SEC. 35. — It shall be the duty of the county courts to lay
townships to off the several municipal townships of their counties into
to road dis- convenient road districts, and number the same, and to alter
tricts; over-
and change the same as often as it may become necessary;
and, also, to appoint and remove, at pleasure, an overseer for
each district, who shall be a householder, living in his road
district. Said overseer shall serve one year, and until he
shall have satisfied the court that he has discharged his du-
ties, and signifies to them his wish to resign his appointment.
Such ap-
SEC. 36. The appointment by the county court of any
pointment
deemed to be person as overseer of any road district shall be deemed to be
accepted, un- accepted by him, unless he shall, within thirty days after the
year.
less renounc-
ed, when and service of notice of such appointment upon him, file in the
office of the clerk of the county court, a written renunciation
how.
of such appointment, the filing whereof to be attested by
such clerk.
ROADS AND HIGHWAYS.
1375
CHAP. 137.
SEC. 37. The county court of cach county shall, as often
as may be necessary, appoint one justice of the peace in each
municipal township in the county, as alloting justice for the
road districts of his township.
An allotting
justice to be
appointed to
ach musici-
pal township.
Clerk to de-
liver copies of
SEC. 38. The clerk of the county court shall, within five
days after the appointment of any such overseer or justice of orders of such
the peace, make out and deliver to the sheriff of the county,
a copy of the order of appointment, with an endorsement
thereon of the time of delivery.
SEC. 39. The sheriff shall, within ten days after receiv-
ing such copy of the order of appointment, serve such over-
scer or justice of the peace with a notice thereof, by giving
him a copy, or by leaving such copy at the usual place of
abode of such overseer or justice of the peace, with some
white person of his family above the age of fifteen years;
and the sheriff shall, within six days thereafter, return such
copy of the order of appointment, with the service thereon-
endorsed, to the clerk, to be filed in his office.
SEC. 40. The allotting justice of each municipal town-
ship shall, in the month of May of each year, allot all
allot all per-
sons, subject to work on roads, among the several overseers of
his township, and file, in said month of May, such allotments.
in the office of the clerk of the county court, the filing whereof
to be attested by the clerk; and thereafter no other allotment,
change or alteration thereof, shall be made, until the next
annual allotment; but any persons subject to work on roads,
not embraced in any annual allotment, may be, at any time,
allotted to the overseer of the road district in which such
persons reside.
SEC. 41.-No person shall be required to work on more
than one road division at the same time, except in cutting out
new roads.
SEC. 42. The justice who may be appointed to allot
hands, shall continue to discharge his duties for one year,
and until he informs the proper county court of his intention
to serve no longer; in which case the court shall appoint
some other justice to discharge the duties.
J
appointments
to sheriff,
when.
Same to be
served, when
and how; and
to he return-
ed, when and
how.
Duties of al
lotting justice.
Persons to
work only on
one road."
How long an
allotting jus
tice to act a
such.
Discretion-
SEC. 43. In allotting hands to the various road districts,
such justice shall, at all times, have due regard to the lengthy power
of the road division, the probable amount of labor necessary tice in allot
on the same, and the right and justice in the whole matter.
*F 2-VOL. IL
ting hands.
1
1376
ROADS AND HIGHWAYS.
Before en-
tering on duty,
everseers to
what it shali
take oath;
Be.
Overseer
shall apply to
allotting jus
to work his
tice for hands
Foad division.
Who shall
work on roads.
poses; slaves
CHAP. 137.
SEC. 44. Each overseer of a road district shall, before
entering upon the duties of his office, take and subscribe an
oath, to the effect that he will faithfully and impartially dis-
charge the duties of road overseer, during his continuance as
such, and that he will appropriate or account for all moneys
which may come to his hands for the use of his road district;
which oath shall be filed in the office of the clerk of the
county court, before he shall be authorized to act as such
road overseer.
SEC. 45. Such overseer shall, immediately on receiving
his appointment, and after being qualified, apply to the al-
lotting justice of the township for a list of hands to work his
road division, which list shall be the same as the last annual
allotment, including such hands as may be in the road dis-
trict who have not been allotted.
OF THE MEANS OF OPENING, WORKING AND REPAIRING ROADS.
SEC. 46. All able-bodied male inhabitants, between the
ages of twenty-one and forty-five years, having resided in
the road district one month, shall be subject to work on
county roads.
Poil and pro-
SEC. 47.-Every person subject to work on roads, shall
perty tax to
be levied for pay a poll-tax of two dollars in each year, and a road tax
road pur not exceeding thirty per cent., to be fixed by the county court
able to work of the proper county, on the amount of State tax, upon all
assessed sepa- property subject to taxation, except any slave or slaves sub-
ject to pay a poll-tax; and the assessor shall list and value,
separately, all slaves subject to work on roads. (a)
an roads to be
rately.
Road tax to
be apportion-
ed among road
districts, how.
Lists of the
Hames of the
SEC. 48.It shall be the duty of the county court to ap-
portion the road tax among the several road overseers of the
respective townships, according to the importance and amount
of labor to be performed on each particular road; and the
tax collected in the several road districts shall be expended
on roads in the districts in which said tax is collected.
SEC. 49. It shall be the duty of the county courts, at
persons sub- the first term after the return of the assessor's books in each
ject to work
en roads, &c., year, to cause the clerk of such court to make out for,
to
and
to be delivered the sheriff to deliver to, each overseer, a list of the names of
Overseers; the persons subject to pay a road tax, and the amount
thereof, including the poll and the property tax.
when and
how.
(a) See, title Revenue, article 2, section 46.
ROADS AND HIGHWAYS.
1377
CHAP. 137.
Tax may be
paid in labor.
when notified:
given.
SEC. 50.- Persons subject to pay such tax shall have the
right, at their election, to half [pay] the same in labor, upon
their proper road divisions, at a rate not exceeding one dol-notice to bo
lar a day for each road hand, at such time as they shall be
notified by their overseer so to do; and such notice shall be
the same, and served in the same manner, as provided in
case of notices to road hands; and, upon failure to attend as
other road hands, properly prepared to labor, shall be deemed
to have elected to pay the tax.
SEC. 51. Each person owning a slave, or slaves, subject
to pay a poll-tax, shall furnish the overseer of his road dis-
trict with his or their names; and the overseer shall charge
such person with the poll-tax of such slave, or slaves, to be
paid as other road tax, if the same has not been charged to
such person.
SEC. 52.-Every overseer shall examine the road list de-
livered to him by the sheriff, as provided for; and if the name
of any person of his district shall have been omitted, or if
the list contain the name or names of any person or persons
not residing in his district, he shall report the fact to the
county court, at the first court-day, and the court shall cor-
rect such list, and make such orders as shall seem meet.
Names of
slaves subject
to poll-tax te
be furnished
by owners;
duty of over-
to overseers
seers.
Road lists
to be correct-
ed, when and
how.
Power of
Overseer to
SEC. 53. If any person, charged with poll-tax for him-
self, minor [or] apprentice, or property road tax, shall fail to collect tax.
pay the same in labor, as provided in this act, the overseer
shall collect such tax, and, for that purpose, shall possess the
same power with which the collector of the State and county
revenue is, by law, invested, and shall be under the same re-
strictions. (a)
Tax to be
expended in
repairing
SEC. 54. — The overseer shall expend all taxes collected
by him, and all other sums of money which shall come to his
hands, in employing other persons, at a sum not exceeding road district.
one dollar per day for each person, to perform such necessary
labor as may be required to keep his road in good repair.
SEC. 55. The taxes authorized to be levied, by this act,
upon the lands of non-residents, shall be placed in a separate
column of the State and county tax-book, and collected as
other State and county taxes; and when so collected, shall be
paid into the county treasury, to be expended in the road dis-
(a) See, title Revenue, article three, sections twenty-three and twenty-
four.
Taxes levied
on lands of
non-residents
to be collected
ed, how.
and distribut-
1378
ROADS AND HIGHWAYS.
Accounts to
be kept by
Overseers;
successor to
have all pa-
pers and mo-
neys belong
ing to his dis-
trict.
Overseers
shall, annual-
ly, file with
clerk of the
county court
a statement:
contain.
CHAP. 137.
trict in which such lands are situated; and, for this purpose,
the county court shall make proper apportionments among
the road overseers, and issue warrants to the county trea-
surer, in favor of the respective overseers, for their respective
apportionments.
SEC. 56.- Every overseer shall keep a full and accurate
account of the financial operations of his office, and, in case
of resignation or removal from office, he, and, in case of his
death, his executor or administrator, shall render to his suc-
cessor a full and proper statement, showing the amount of
road tax remaining unpaid by each person of his district,
and deliver all papers, books and accounts, and pay over all
moneys in his hands, belonging to his road district; and, upon
failing so to do, after demand, his successor shall sue to the
use of his road district, in a court having jurisdiction of the
cause, for such sums of money and damages as the road dis-
trict may be entitled to.
SEC. 57. Every road overseer shall, at the end of one
year after his appointment, and annually thereafter, make
and file with the clerk of the county court a statement, veri-
fied by affidavit, of the whole amount of moneys coming into
what it shall his hands, of all taxes, fines and forfeitures, collected by him.
during the year, by whom paid, and whether in labor or
money; the amount expended by him, and how expended;
the amount then in his hands; the amount of taxes remain-
ing unpaid by each person in his district; and the amount of
fees and charges paid to him, or yet due him, for services as
road overseer, and for what services.
Similar
statement,
with all pa-
pers and mo-
neys, to be
handed to suc-
cessor.
Failing to
do so, he shall
be cited be-
fore county
court.
SEC. 58. Upon the resignation or removal of any road
overseer, he shall make and render a similar statement, and,
in case of his death, his executor or administrator shall make
and file the same; and all moneys in his hands shall be paid,
and all lists and papers belonging to his office shall be handed,
over to his successor.
SEC. 59.- If any overseer shall fail to make such state-
ment, or shall make a false statement, or shall fail or refuse
to pay and deliver to his successor all moneys and papers in
his hands, the county court may cite such delinquent overseer
before them, and may cause an inquiry into his affairs as
overseer, and may render such judgment against him as shall
be just.
ROADS AND HIGHWAYS.
1379
CHAP. 137.
і
Succcessor
may sue pre-
SEC. 60. If the successor in office of any road overseer
shall have reason to believe that his predecessor has money decessor,
in his hands, belonging to his road district, which he refuses when.
to account for and pay over, he may institute suit against
him in the county court for the same.
SEC. 61.-The clerk of the county court shall receive
such fees, under the provisions of this act, as are allowed by
law for like services, as clerk of such court; and every over-
seer shall be allowed one dollar for each day he may neces-
sarily be employed in supervising the road hands of his road
district, whilst actually engaged in working on his road dis-
trict, and five per cent. upon all sums of money which shall
be received and expended by him on his road district, and
all sums of money due his road district for pll or property
tax, but which shall be discharged, by the provisions of this
act, in work and labor; and the county court shall, not
oftener than semi-yearly, audit and allow such fees and
charges, and cause the same to be paid, in their discretion,
out of the county treasury, or out of the road tax of their
respective districts.
Fees of
pensation of
road overseer.
clerk; com-
Road hands
to be called
SEC. 62. If the poll and property tax above provided.
for, be not sufficient to keep any road district in good repair, out, when.
the overseer shall call out the hands allotted to him, and
oversee, open and repair, the same.
SEC. 63. A verbal notice to any hand, (or, if a minor
son residing with his father, a ward, slave or apprentice, to
his father, guardian or master, as the case may be,) by such
overseer himself, or by any white person, having written au-
thority from such overseer, or a written notice left at the
place of abode of the party, with some white person of the
family over the age of fifteen years, shall be sufficient.
SEC. 64. Every person made liable to work on a road,
as provided in section sixty two of this article, who fails,
without reasonable excuse, to attend, either in person or by
substitute, with proper tools or instruments, having had two
days' previous notice thereof, shall forfeit and pay one dollar
for each day he may fail to attend.
SEC. 65. Every person made liable to work on a road,
as provided in section sixty-two of this article, and every
person who elects to pay, in work, by himself or substitute,
the taxes for which he is liable, as provided by this act, who,
Whatnotice
sufficient to
hands to work
roads.
Penalty on
hand failing
to attend.
Penalty on
hand attend-
ing, but fail-
ing to obey
orders of the
overseer.
1380
ROADS AND HIGHWAYS.
.*
Qualifica-
tions of a sub-
stitute.
List of de-
linquent
tice for suit;
ment of costs.
CHAP. 137.
having attended, shall disobey the reasonable orders of such
overseer, shall forfeit and pay two dollars for each day he
may attend and fail to work with due diligence.
SEC. 66.- Every substitute shall possess all the legal
qualifications of a road hand, and the person sending him
shall be liable, in an action, for all forfeitures and fines in-
curred by such substitute, for any violation of the provisions
of this act.
SEC. 67.- Each overseer shall place a list of all such de-
hands to be linquents as have failed to attend, or, having attended, failed
given to jus- or refused to obey the reasonable orders of the overseer, in
suit, how the hands of some justice of the peace in the township, who
brought; pay- shall immediately issue a summons, in the name of the over-
seer, to the use of his road district, against each delinquent,
and proceed therein to judgment and execution, as in ordi-
nary cases. If judgment be given against such delinquent,
he shall pay the costs; if against the overseer, the costs
shall be paid out of the funds of the road district.
What tools
and sort of
SEC. 68.-Every person who shall, at the request of the
team entitle a overseer of his road district, furnish a plow, cart or wagon,
person owing with a pair of oxen or horses, and driver, shall, for each
day's work of such team and driver, receive a credit of two
dollars and fifty cents on his road tax.
road tax to a
credit.
Privilege of
Overseer to
sain purposes.
SEC. 69.-Every overseer of a road district, or other
enter adjacent person by his order, may enter upon any lands adjoining or
lands for cer- near his road, and open such ditches as may be necessary,
and cut and carry off from the nearest unimproved lands,
such wood or trees, rock and other material, as may be ne-
cessary for making and repairing his road, or any bridge or
causeway over any water-course or wet land, doing as little
damage as may be to the owner of such land.
When the
owner of such
land feels ag-
grieved, how
to get redress.
Court may
appoint an
SEC. 70. If any person feel himself aggrieved by the
cutting of such timber, or the taking of such rock or other
material, such person may apply to the county court of the
proper county, who shall appoint three disinterested house-
holders of the county, who, after taking the proper oath or
affirmation, shall proceed to assess the damages (if any) which
shall be paid out of the county treasury.
SEC. 71. — The county court shall, if in their judgment it
overseer to will best promote the public interest, appoint one competent
each munici-
al township. and discreet householder of each, or any, municipal township,
ROADS AND HIGHWAYS.
1381
CHAP. 137.
to be overseer of all public roads in his township; and he
shall have control of all road hands belonging to, and taxes
assessed in, his township, and shall be subject to all the pro-
visions of law, as other overseers.
SEC. 72.- Whenever a new road shall be laid out and es-
tablished, according to the provisions of this act, the county
court shall appoint an overseer in each township through
which, or a part of which, such road may run, having the
qualifications of an overseer of a road district, to cut out and
open the same. (a)
SEC. 73. Such overseer, and the allotting justice of the
township, shall be notified of the appointment, in the time
and manner in this act required, in cases of overseers of road
districts. (b)
SEC. 74. The allotting justice or justices, of the town-
ship or townships through which such new road may run,
shall make out and deliver to such overseer a list of hands,
for the particular purpose of cutting out and opening such
new road.
SEC. 75. The hands thus allotted shall be notified, and
subject to the same penalties for a failure or refusal to work,
in the same manner, and to the same extent, as hands allotted
to work on road districts. (c)
SEC. 76. The justice or justices, in making such allot-
ment, shall have power to allot such number of hands resid-
ing in their township, subject to work on roads, as they may
deem necessary, having due regard to the amount and kind
of labor to be performed in opening such road. -
SEC. 77.-When a new road shall be opened, it shall be
districted and kept in repair, in the same manner as other
county roads.
MISCELLANEOUS PROVISIONS.
SEC. 78.-Every overseer shall erect and keep a post at
(a) An overseer, appointed to open a road, cannot deviate from the route
desiguated by the commissioners, against the consent of the owner over
whose land the road passes. Where two objects, distant from each other,
are marked by the commissioners. as designating the route of the road,
the presumption is, that the road is located on a straight line from one ob-
ject to the other, if nothing appears to the contrary from their report, or
other official action. Butler v. Barr, 18 Mo. Rep., 357. The testimony of
the commissioners, after they have ceased to be such, is not admissible to
vary the legal import of their report. Ibid.
(b) See, sections thirty-eight and thirty-nine of this article.
(c) See, sections sixty-three, sixty-four, sixty-five and sixty-seven, of this
article.
When new
road is esta-
blished, coun-
ty court to ap-
point an over-
seer thereof.
Such over-
have
seer to
notice of ap-
pointment.
The allotting
justice to give
such overseer
list of hands.
Such hands
to have notice,
and to be sub-
ject to duties
of other hands.
Discretion-
ary power
given justice,
in making of
such allot-
ment.
New road
to be kept in
repair.
Finger-board
of roads.
kept at forks
1382
ROADS AND HIGHWAYS.
Compensa-
tion for erect-
ing finger-
board.
Penalty on
persons for
СНАР. 137.
every fork of the road, or cross-road, in his road district,
unless a suitable tree be found at the proper place, to which
shall be affixed a finger-board, containing a legible inscrip-
tion, directing the way, and noting the distance to the next
remarkable place on the road.
SEC. 79. Every such road overseer shall be entitled to
the sum of one dollar for every such post or sign so erected,
to be paid out of any money in hand belonging to his road
district, or out of any money in the county treasury, arising
under this act.
SEC. 80.-If any person shall obstruct any road, in whole
abstructing or in part, unnecessarily; or shall remove any earth or stone
roads, &c.
from any embankment on a public highway, or any timber,
so as to injure said road or highway; or if he shall remove
any timber, placed on any public road or highway, to catch
the wash, and level said road; or if he shall cut any ditch or
channel across a public road or highway, so as to obstruct or
injure the passage of said road or highway, such person shall
forfeit and pay the sum of not less than ten, nor more than
fifty dollars, and all expenses for removing such obstructions
or for repairing all injuries occasioned by his act. (a)
Additional
penalty for
such obstruc-
SEC. 81.- The person making such obstruction shall,
Continuing in addition to the penalty mentioned in the preceding sec-
tion, forfeit and pay the further sum of one dollar for every
day he shall suffer such obstruction to remain in or across
such road.
tion.
Penalty for
injuring sign-
board.
Penalty on
Overseer for
neglect of du-
ty, &c.
SEC. 82.—If any person shall demolish or deface any sign-
board, or remove the same, he shall forfeit and pay the sum
of ten dollars.
SEC. 83. If any road overseer shall willfully fail or
neglect to keep his road in good repair, or to put up a finger-
board, or faithfully appropriate any moneys in his hands for
the use of his road division, or in any manner fail to comply with
the requirements of this act, or refuse to serve when appointed
road overseer, he shall forfeit and pay the sum of ten dollars.
SEC. 84. No 10ad overseer shall be required to serve
more than twelve months at any one time, if, at the end of
more than one that period, he shall discharge himself in the manner pointed
out in the thirty-fifth section of this article.
No person
required to
act as overseer
year.
(a) Golahar v. Gates, 20 Mo. Rep., 236.
ROADS AND HIGHWAYS.
1383
СНАР. 137.
SEC. 5. The forfeiture for failing to accept his appoint-
ment shall exempt such overseer from reappointment for
the term of twelve months, from and after the date of its
payment.
SEC. 86. If any clerk of a county court, sheriff or
justice of the peace, shall fail to perform the duties required
of him by this act, he shall forfeit and pay not less than ten,
nor more than fifty dollars for each offence.
SEC. 87. The fines and forfeitures imposed, by this act,
upon any road overseer, clerk, sheriff or justice of the peace,
shall be recoverable by indictment, and, when collected, shall
be paid into the county treasury.
What shall
excuse him for
one year.
Penalty on
sheriff, clerk
and justice, for
neglect of
duty.
Such penal-
ties, how re-
covered.
Fines to go
to credit of
fund.
SEC. 88. The county treasurer, upon the reception of
any such fines and forfeitures, shall place the same to the road and canal
credit of the road and canal fund of his county, and there-
after they shall become a part of such fund, for the uses and
purposes of the same.
SEC. 89. The fines and forfeitures imposed, by this act,
upon persons other than a road overseer, clerk, sheriff or
justice of the peace, shall be recoverable, by civil action, in
the name of the overseer, to the use of his road district, be-
fore any court having competent jurisdiction.
SEC. 90.When any minor, apprentice or slave, shall be-
come subject to a fine or forfeiture under this act, such fine or
forfeiture shall be paid by the father, master or guardian, as
the case may be, and the suit for the recovery thereof shall
be instituted against such father, master or guardian.
SEC. 91. Whenever any constable shall collect any fines
or forfeitures, imposed by this act, he shall pay the same to
the proper road overseer, or to his successor in office, and take
receipts therefor.
SEC. 92. Every overseer, receiving fines and forfeitures,
shall appropriate the same to repairing and keeping in good
order the road under his superintendence, and to the other
purposes allowed by this act.
SEC. 93. The clerks of the several county courts shall
lay before each grand jury that may be empanneled, and sit
for and in their respective counties, a complete schedule of
overseers of roads therein.
Fines
imposed on
other persons,
how recov-
ered.
Fines
against mi-
nors, appren-
tices, &c., of
ered.
whom recov-
Fines, &c.,
to be collect-
ed and paid to
overseer.
Overseer to
apply fines
to repairing
roads.
List of over-
seers to be
laid before
grand jury.
What facts
shall sustain
SEC. 94. Hereafter, when a bill of indictment shall have
been preferred against the overseer of a road, for a failure to an indictment.
*G VOL. II.
1384
ROADS AND HIGHWAYS.
This act to
be given in
charge to
grand jury.
Commission-
ers, &c., how
paid.
may have
CHAP. 137.
perform his duty as such, it shall only be necessary to prove,
on the part of the State, in order to sustain such indictment:
First, That, prior to the time when the offence, in the indict-
ment charged, is alleged to have been committed, the person
indicted had assumed to act as such road overseer; Second,
That the road division, over which such person had assumed
to act as overseer, was not kept in good repair, according
to law.
SEC. 95. The judges of the several courts having cri-
minal jurisdiction in this State, shall give this act in special
charge to the grand jury, at each regular term of such
courts.
SEC. 96.—The commissioners, surveyors and chain-car-
riers, employed under the authority of this article, shall re-
ceive such compensation as the county court may think proper
to allow, to be paid out of the county treasury, or the three.
per cent. fund of the county, or to be paid in scrip or certifi-
cates, which shall be received in commutation for the road
tax of the persons so employed, as such court may order and
direct.
Successor SEC. 97.-If any overseer fail to appropriate properly,
judgment for or to account for, funds belonging to his road district, his
double da- successor shall have judgment against him for double the
amount of all funds improperly appropriated or not accounted
for, and for costs.
mages, when.
Taxes col-
lected or due
SEC. 98. All persons from whom any road taxes or road
under former moneys are due under the provisions of any former act, shall
laws to be paid not be released from the payment of the same by the opera-
tion of this act, but shall pay the same to the acting over-
seer of the road districts to which they belong.
to overseer.
Acts of a
majority of
SEC. 99. — The acts and proceedings of a majority of the
commission- commissioners shall, in all cases, be deemed as valid as if
done by the whole number appointed.
ers valid.
County
courts may
roads, when.
SEC. 100.-The several county courts in this State are
vacate por- hereby authorized and empowered to vacate, abolish or change,
tions of State any portion of any State road within the limits of their
counties, as they shall deem necessary, whenever it shall
appear, to the satisfaction of such courts, that the necessity
for such portion of such State road has been superseded by
the location and construction of plank, or macadamized, [or]
graded [roads,] or railroads, that interfere [with] or cross the
ROADS AND HIGHWAYS.
1385
СНАР. 137.
same at short intervals, so as to endanger the use of said
State road, running upon, or near to, and in the direction
of, the same: Provided, That no vacation or change shall so
operate as to destroy the necessary connections between such
State road and the road by which such portions may have
been superseded, as aforesaid.
This power
to be exercis-
SEC. 101. The powers hereby conferred upon the county
courts, as aforesaid, shall be exercised in the same manner, ed, o
and with like effect, as they are authorized, by law, to vacate,
abolish or change, county roads within their respective counties.
SEC. 102.-Every person who shall be required to work
on a road for the purpose of cutting out and opening the
same, shall be entitled to a credit of one dollar on his road
tax, for each day he may so work.
SEC. 103.-Every overseer who may be appointed for the
particular purpose of cutting out and opening a new road,
shall give to each person, so working, a certificate, showing
the length of time such hand has worked under his supervi-
sion, and in what township the labor was performed; which
certificate shall be received in payment of road taxes by the
overseer of the road district to which such hand belongs.
OF THE ESTABLISHMENT OF PRIVATE ROADS.
Hand open-
have credit on
his road tax.
ing roads to
Certificate
of such work
to be given to
hand.
Procedure
private roads.
SEC. 104.—If any inhabitant of this State shall present
a petition to the county court of the proper county, setting to establish
forth that he is the owner of a tract of land in such county,
and that no public road passes through or touches it, and
asking for the establishment of a private road from his pre-
mises, to connect with some public road of the county, at
some convenient point, and shall describe the place where
said road is desired, the court shall appoint three commis-
sioners to view the premises and to mark out such road, and
assess the damages sustained by the owners of the land
through which it will pass.
SEC. 105.-Such reviewers shall be sworn, and shall view
the premises, and shall cause a road twenty feet wide to be
marked out, so as to be convenient and to do as little injury
as practicable to other persons; and shall make a report to
the county court at its next term, stating the points of be-
ginning and ending, and courses and distances of such road;
and shall, also, make an assessment of the damages sus-
Reviewers
to mark out
the road, re-
port thereor,
and assess da-
mages.
1386
ROADS AND HIGHWAYS.
Persons own-
ing land
road passes, to
be notified,
how.
CHAP 137.
tained by each person through whose real estate such road
passes.
SEC. 106.—It shall be the duty of the petitioner to notify
through which every person through whose real estate such road passes, to
appear at the next term of the county court, to show cause,
if he desire to do so, why such road should not be esta-
blished. Such notice shall be given, in writing, to the owner
of the land at least five days before the term of the court,
if the owner reside in the county; but if the owner do not
reside in the county, notice may be given by publication
thereof, at the court-house door, and at six other public
places in the county, at least thirty days before the first day
of such court.
for costs
against peti-
Judgment SEC. 107. When the report of the viewers shall be made,
shall be given
for damages if the proceedings have been regular and no objections bet
assessed, and made thereto, the county court shall order that the road be
established according to the report, and render judgment
against the petitioner, in favor of each owner of real estate,
for the amount of damages assessed in his favor by the com-
missioners, and shall order that petitioner pay the necessary
costs of the proceedings.
tioner.
New review
may be or-
SEC. 108. If the proceedings be found to be irregular,
dered, when. a new review may be ordered, either by the same or other
Persons ob-
reviewers.
SEC. 109. — If any person through whose land such road
jecting on ac-
count of in-passes, shall object on account of the amount of damages
sufficiency of awarded to him, an issue shall be made up in said court, and
damages may
have a trial by a jury may be sworn to determine the amount of damages to
jury.
which he is entitled; and judgment shall be given in con-
formity to such finding, and the order for the establishment
of the road shall be made as above.
Who
may
travel, and
who shall keep
it in repair.
Two or more
SEC. 110. Such road, when established, shall be free to
be traveled by all persons as a public road, and shall be kept
in order by the person or persons applying for such road.
SEC. 111.-Two or more persons may join in such peti-
may join in tion, if they desire to do so.
such petition.
ROADS AND HIGHWAYS.
1387
CHAP. 137.
ARTICLE II.
OF STATE ROADS.
|
81. State roads to be marked out 27.
and opened, how.
2. Commissioners to view and
mark out road to be ap-
pointed.
3. Where commissioners to meet,
on failure, &c
4. On second failure, first com-
missioner to give notice to
the others where to meet.
5. Commissioners to meet and or-
ganize, procure surveyor, &c.
6. Commissioners to proceed to
view and mark out road
7. Commissioners and others to
take oath.
8. Duty of surveyor.
9. He shall note the courses and
distances, &c.
10. To make plat of the route for
each county.
11. Plat to be made for the use of
the State
12. To be sent to the Governor.
13. Commissioners to take a grant
of the right of way.
14. Effect of such grant.
15. Such grants to be taken in the
name of the State.
16. Commissioners to assess the
damages of persons injured
by the road.
17. The advantages of the road to
be taken into consideration
in assessing damages.
18. Report of commissioners relat-
ing to such damages.
19. When land lies in several coun-
ties, commissioners to report
to all counties concerned.
20. Any person aggrieved by the
report to file in the county
court objections to same.
21. Jury to be summoned to reas-
sess damages.
22. If amunt less than assessed
by commissioners, objector
pays costs
23. If more, county pays the da-
mages and costs
24. If vacancy occur in office of
commissioner, how same to
be filled
25. Compensation of commission-
ers, surveyors, &c
26. Same to be paid by the several
counties out of the county
treasury, &c.
28.
County courts to pay their pro-
portion of all other expenses.
All State roads to be sixty feet
wide.
29. The several counties to cause
new Sate roads to be opened
through each county.
30 When road is on flat marsh
land, to be opened fifty feet
on each side.
31. Such additional ground shall
not be considered a part of
the road.
32. Courts and officers proceeding
under the twenty-ninth sec-
tion to be governed by pro-
visions of first article.
33. When a State road is cut out,
the same shall be districted,
and kept in repair as roads
mentioned in the first article.
34. When county road declared a
State road, same to be cut
out, &c., as a State road.
35. County courts to appoint com-
missioners to proceed as in
case of State roads.
36. Plats, grants and field notes, to
be filed as in case of State
roads.
37. When twelve householders pe-
tition county court for દી
change of a State road, court
may order review and survey.
38. How county court to proceed
in such cases.
39. No person to be a commission-
er who is a petitioner, or in
terested in any land on the
40.
41.
route.
Duty of the surveyor
Duty of commissioners in ex-
amining route; to make re-
port thereof.
42. Where such report, plat and
papers, to be filed.
43. If any person aggrieved, how
to proceed.
44. On receipt of the report, court
to determine between the two
routes
45. If court decide against the
new route, petitioners to pay
costs.
46. Both costs and damages of per-
sons injured paid by peti-
tioners, it decided in favor
of new route.
1388
ROADS AND HIGHWAYS.
State roads,
how marked
CHAP. 137.
the original grants of right
8 47. When court is satisfied that | 3 51. When new route is established,
such damages and costs are
paid, to make order for open-
ing new road.
48. When the new route is opened,
court can confirm the new
route and vacate the old one.
49. New road not to be opened if
petitioners do not first pay
up all damages.
50. When petitioners to pay the
expenses, they shall be joint-
ly and severally liable for the
same.
of way to be forwarded to
Governor.
52. When any State road is
changed, the right of way
over the old road is extin-
guished.
53. All expenses incurred by coun-
ty court to be paid out of
the county treasury, or three
per cent. fund.
54. What counties this act not to
apply to.
SECTION 1.-All State roads hereafter established by
out and open- law, shall be marked out and opened according to the provi-
ed.
Commis-
sions of this act.
SEC. 2. — Commissioners to view and mark out State
sioners, how roads shall be appointed according to the provisions of the
act establishing the road.
appointed.
Where com-
missioners to
ure, &c.
i
SEC. 3.- They shall meet for that purpose at such time
meet; on fail- and place as shall be designated in such act; but a failure so
to mect shall not be construed as a refusal to act, but such
commissioners may meet at such other time and place, within
one month thereafter, as a majority of them shall agree upon.
SEC. 4.-In case of a second failure to meet, the first-
failure, duty named commissioner shall call a meeting within one month
missioner. after such second failure, by giving notice, in writing, to the
On second
of first com-
Commission-
other commissioners.
SEC. 5. — The commissioners shall organize by the selec-
ers to meet tion of a chairman from among themselves, and [may] ap-
and organize,
procure sur- point a surveyor, chain-carriers, and such other assistants as
veyors, &c.
shall be necessary to effect the survey, who shall perform
such duties, in addition to those prescribed by this act, as the
commissioners shall deem expedient.
Commission-
ers to proceed
to view and
mark
road.
SEC. 6.―They shall thereupon proceed to survey and
mark out the road in contemplation, between the points
out named in the law, and shall locate the same on the most
direct and practicable route between such points, having due
regard to the ground over which the road shall pass, to the
advantage to be derived to the public, and as little as may be
to the detriment of individuals.
Commis-
SEC. 7.-The commissioners, surveyors and chain-carriers,
sioners, &c., before entering upon the duties assigned them, shall each
take an oath or affirmation, before some judge or justice of
to take oath.
ROADS AND HIGHWAYS.
1389
СНАР. 137.
the peace, faithfully and diligently to perform, without favor
or partiality, the duties herein prescribed.
Surveyor to
survey route.
Shall note
distances, &e.
SEC. 8. The surveyor shall cause the route fixed upon by
the commissioners to be faithfully surveyed and measured.
SEC. 9. He shall note, in a suitable field-book, the courses
and distances of the route surveyed, the direction, breadth the courses,
and average depth, of water-courses, and such other pro-
minent features of the country, and prominent objects and
places near or over which such road shall pass, as may be
conveniently obtained, together with such other topographical
information as the commissioners may deem expedient.
SEC. 10. — He shall make out, for the use of the county
court of each county through which such road shall be lo-
cated, one correct plat of so much of the line of the route as
shall lay within the limits of such county, together with so
much of the route in the adjoining county as may be neces-
sary fully to show the connection therewith; and he shall
designate thereon the direction and point of crossing of the
county lines of such county.
Shall make
a plat of the
route for each
county.
Shall make
use of State.
SEC. 11. The commissioners shall cause to be made out,
for the use of the State, a complete and accurate connected a plat for the
map of the whole route of such road, embodying thereon the
several plats directed to be made out by the surveyor for the
use of the several county courts, with such topographical in-
formation as may have been obtained during the survey.
SEC. 12. — Such map, with a copy of the field-notes of
the survey, and all grants of the right of way, taken as
hereinafter provided, shall be forwarded by such commis-
sioners, together with a full report of their proceedings, to
the Governor, to be by him deposited in the office of the Se-
cretary of State.
SEC. 13. The commissioners shall take a grant of the
right of way from every owner through whose land the route
of such road may be located. (a)
SEC. 14. Such grants shall be attested by two disinte-
rested witnesses, and shall vest in the public a right of way
over a quantity of land, on each side of the centre of the
route of such road, at least thirty feet in width.
(a) Wilkerson v. Buchanan County, 12 Mo. Rep., 328; Stacey v. Miller,
14 Ibid, 478.
Plat to be
sent to the Go-
vernor.
A grant of
the right of
way to be
taken.
Effect of
such grant.
1390
ROADS AND HIGHWAYS.
Such grants
to be to the
State.
Commis-
sioners to as-
CHAP. 137.
SEC. 15. — All such grants shall be taken in the name and
on behalf of the State of Missouri.
SEC. 16. The commissioners shall assess the damages
sess damages, which will be sustained by those persons, by reason of the
road passing over the land, who shall refuse to grant the
right of way, or who shall be non-resident of the county.
when.
What taken
into conside-
SEC. 17. In assessing such damages, the commissioners
ration in such shall take into consideration the advantages, as well as dis-
advantages, of the road to such persons.
assessment.
Report of
commission-
ers relating to
SEC. 18.-The commissioners shall report to the county
courts of the several counties in which such land may be, the
such damages. quantity and situation of the land over which the right of
way is granted, and the amount of such damages as may be
assessed.
When land
lies in several
counties, how
SEC. 19.
Whenever such land shall be part in one county
and part in another, they shall report their proceedings in
commission regard to the same, to the county courts of the counties in
which the several parts of such land shall be.
ers shall re-
port
to report.
Persons ag-
SEC. 20. — Any person owning lands, through which the
grieved may
file objections route of such road is located, who shall consider himself ag-
grieved by the assessment of the commissioners, may, by
himself or agent, at the next term of the county court after,
and to which the report of the commissioners may be made,
file his objections to such assessment.
Jury to be
summoned for
re- assessment
of damages.
Objector to
pay costs,
when.
County to
pay damages,
when.
Vacancy in
the office of
commissioner,
how filled.
SEC. 21. Such county court shall thereupon order the
sheriff of the county to summon a jury of six disinterested
householders of the county, who, being first duly sworn, shall
proceed to examine the ground and re-assess such damages;
and shall make report of their proceedings at the next term
of such court, or as soon thereafter as practicable.
SEC. 22. If the amount assessed by such jury shall be
the same, or less than that assessed by the commissioners,
the person so objecting shall be adjudged to pay the costs.
SEC. 23. If the amount of such assessment be more, the
county court shall issue a warrant upon the county treasury
for the amount of damages and costs.
SEC. 24. — If, from any cause, a vacancy occur in the com-
mission to lay out and mark a State road, a majority of those
remaining may fill such vacancy, by the appointment of
some suitable person from the same county in which the com-
missioner resided who occasioned the vacancy.
ROADS AND HIGHWAYS.
1391
CHAP. 137.
tion of com-
SEC. 25. The commissioners, surveyor, chain-carriers Compensa-
and others, employed in laying out and marking a State road, missioners,
shall each receive such per diem allowance as may be pro-
vided in the act establishing the road.
&c.
To be paid
by the several
in what pro-
SEC. 26. Such allowance shall be paid by the several
county courts out of the county treasury, or out of the three county courts,
per cent. fund, at the discretion of the county court, in pro-
portion to the extent of such road within the limits of such
county.
portion.
County
courts to pay
their propor-
SEC. 27. — The county courts shall, in like manner and in
like proportion, pay their respective parts of the expenses of
the survey, correct accounts of which shall be made out tion of other
separately for each county court, and laid before them by
the commissioners, who shall verify the same by oath or
affirmation.
SEC. 28. All State roads shall be marked out sixty feet
wide.
SEC. 29. The county courts of the several counties
through which any portion of a State road shall pass, and as
soon as practicable after the receipt of the plat herein di-
rected to be furnished them, shall cause the route thereon
laid down and marked out, within the limits of the county, to
be opened at least thirty, and not more than sixty feet wide,
whenever such road shall be located on undulating or firm
ground.
SEC. 30. — If such route shall pass over flat, marshy and
timbered bottom lands, and such ground as may be subject to
inundation, the county court may cause fifty feet on each side
of the centre of such road to be cleared of timber.
expenses.
State roads
to be sixty feet
wide.
New State
roads to be
opened by
county courts.
when and
how.
When to be
opened fifty
feet wide on
each side.
Such not
considered
part of the
SEC. 31. Such additional grounds shall not be con-
sidered a part of such road, nor included in the grant of the
right of way, but shall remain subject to be fenced in and road.
used by the owner.
SEC. 32.―The several county courts, in proceeding to
discharge the duties imposed by the twenty-ninth section of
this article, and all clerks, sheriffs, allotting justices and
other persons, in all things in relation thereto, shall be go-
verned by the provisions of the first article of this act in re-
lation to the cutting out and opening county roads.
SEC. 33. Whenever a State 10ad shall be cut out and
*G2— VOL. II.
a
Courts and
officers to be
governed by
provisions of
first article,.
when.
Stat road:
districted.
1392
ROADS AND HIGHWAYS.
СНАР. 137.
Kept in re-opened, it shall be districted and kept in repair, according to
pair.
the provisions of the first article of this act in relation to dis-
tricting and repairing county roads.
When a coun-
ty road is de-
clared a State
SEC. 34. The county courts of the several counties
wherein any county road may have been, or shall hereafter
road, same to be declared, by law, a State road, shall cause the same to be
cut out and opened of the same width, and in the same man-
ner, as is provided in case of State roads.
be cut out as a
State road.
County
courts to ap
point commis-
sioners; how
they shall pro-
ceed.
Plat, &c., to
case of State
roads.
SEC. 35. Such county courts may appoint commissioners,
who shall proceed to take grants of the right of way, and to
assess damages, and who shall proceed in all things agreeably
to the provisions of this act, in relation to the same matters
in case of State roads.
SEC. 36. — Such courts shall cause such grants of the right
be filed, as in of way, together with a correct plat of any county road de-
clared a State road, with the field-notes of the same, to be
forwarded to the Governor, to be by him deposited in the
office of the Secretary of State.
Court may
and survey to
change a State
road, when.
SEC. 37. Whenever twelve householders of the neighbor-
order a review hood of the proposed change shall petition the county court
of their county for a change of the route of any State road
therein, describing the part proposed to be abolished, and the
new route as near as may be, setting forth the advantages
and disadvantages to the public of both routes, such court
may, if in their opinion the prayer of the petitioners is rea-
sonable, order a review and survey of both routes.
How county
Court shall
such cases.
SEC. 38. In such case, the county court, and all other
proceed in officers and persons, shall proceed according to the provisions
of this act in relation to county roads, except as hereinafter
otherwise provided, and except that the notice of such appli-
cation shall be thirty days.
Who shall
SEC. 39. No person shall be a commissioner who is a pe-
not be com-titioner, or who resides [on,] or has any interest in, lands with-
in one mile of the established route, or proposed new route.
missioner.
Duty of the
surveyor.
SEC. 40. — The surveyor, in the plat, shall represent truly
the established route and its connection with the new route,
and the distances between the points of intersection accord-
Duty of coming to both routes, measured along the surface of the ground.
missioners in SEC. 41. The commissioners shall examine so much of
examining the established route as is proposed to be abolished, as well
route.
ROADS AND HIGHWAYS.
1393
CHAP. 137.
as the new route, noting the advantages and disadvantages of
each, and make a full report of their proceedings to the
county court of their county.
SEC. 42. Such report, with the plat and field-notes of
the surveyor, the grants of the right of way, and an account
of the assessment of damages, shall be filed in the office of
the clerk of the county court without delay.
SEC. 43. If any person deem himself aggrieved by the
assessment of damages, he may have a re-assessment thereof,
in the manner herein directed in cases of re-assessment of
damages in opening State roads.
SEC. 44. -The county court shall, as soon as practicable
after the report of the commissioners is returned, proceed to
determine between the two routes, having due regard to the
advantages and disadvantages to the public and individuals.
To make re-
port.
Where such
report, plat
and papers, to
be filed.
Persons ag-
grieved, how
to proceed.
Court to de-
termine be-
tween routes,
when.
Petitioners
to pay costs,
SEC. 45. — If such court decide in favor of the established
route, the petitioners shall pay all costs and expenses of the when.
proceeding, including the pay of all persons concerned therein.
SEC. 46. — If the court shall determine in favor of the new
route, it shall ascertain the amount of damages assessed, and
costs of assessment, and all other costs and expenses, and make
an order that the same be paid by the petitioners.
SEC. 47. Whenever the court shall be satisfied that
damages, and the cost of assessment, and all other costs and
expenses, have been paid, it shall make an order for opening
the road, which order shall be executed by the petitioners,
without expense to the county.
Costs and
damages to be
paid by peti-
tioners, when.
Court to
make an order
for opening
new road,
when.
the new route
old one.
and vacate the
SEC. 48. Upon the production of satisfactory evidence If already
that such new route has been opened and cleared, according shall confirm
opened, court
to the order of the court, and that it is in, at least, as good,
condition for public use as the old route, and not before, the
court shall confirm such new route, and annul so much of the
old road as lies between the points of intersection.
-
SEC. 49. If the petitioners shall not, within three months
after making the order for the payment of the damages and
costs of assessment, and all other costs and expenses, pro-
duce evidence of the payment thereof, or shall not, within
three months after an order for opening the road is made,
produce the evidence required by the preceding section, all
further proceedings shall be stayed, and the petitioners shall
pay all the costs and expenses of the proceeding.
I
New road not
to be opened
if petitioners
do not first
pay up all the
damages.
1394
SALARIES.
Petitioners
jointly and
penses, when
CHAP. 138.
SEC. 50. — Whenever the petitioners shall be adjudged to
severally lia pay expenses incurred in reviewing and surveying, they shall
ble for the ex-be jointly and severally liable therefor, and the court shall
ascertain and settle the amount; and the settlement thereof,
duly certified under the seal of the court, shall have the force
and effect of a fieri facias issued by the circuit court, and the
amount thereof shall be levied and collected accordingly.
Original
grants of right
of way to be
forwarded to
the Governor.
Right of way
extinguished
SEC. 51. Whenever the route of any State road is
changed, the county court shall cause the original grants of
the right of way to be forwarded, with certified copies of the
plat and field notes of the survey, to the Governor, to be by
him deposited in the office of the Secretary of State.
SEC. 52. Whenever any State road, or any part thereof,
in old road, shall be abolished or changed, the right of way of the public
over so much of the same as shall be abolished or changed,
shall be, ipso facto, extinguished.
when.
Expenses in-
curred by the
SEC. 53. — All expenses incurred by the county court, in
county, how. complying with the provisions of this act, shall be paid out of
the county treasury, or the three per cent. fund, in the dis-
cretion of such court.
What coun
ties this act
to.
SEC. 54.—This act shall not be so construed as to repeal
not to apply or affect, "An act for opening and repairing public roads and
highways in the county of Lincoln and certain other counties,"
approved March the first, one thousand eight hundred and
fifty-five; and which said last-mentioned act shall apply to
and be in force in the county of Clay.
Approved December 12, 1855.
CHAPTER CXXXVIII.
SALARIES.
AN ACT FIXING THE SALARIES OF CERTAIN CIVIL OFFICERS.
21. Compensation of certain offi-
cers: Governor; Judges of
Supreme Court; judges of
circuit courts, except, &c.;
judges of courts of St Louis
county: Secretary of State:
Treasurer; Auditor; Regis
ter: Attorney-General; cir-
cuit attorneys: Commissioner
of Seat of Government.
2. Compensation of clerks in cer-
3.
tain State offices.
Salaries to be paid, how and
when.
4. Additional salary allowed the
Judges of Supreme Court; to
be paid, how and when.
5. Additional salary allowed the
judges of certain courts in
St. Louis county,
SALARIES.
1395
CHAP. 138.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
Compensa-
tion of the Go-
vernor.
Judges of Su-
preme Court.
Of circuit
courts.
Of certain
courts of St.
SECTION 1.-The officers of State shall receive for their
services, annually, the following sums: First, The Governor,
the sum of twenty-five hundred dollars; Second, The Judges
of the Supreme Court, each, twenty-five hundred dollars;
Third, The judges of the circuit court, (except the Judge of
the Circuit Court for the county of St. Louis,) each, fifteen
hundred dollars; Fourth, The Judges of the St. Louis Cir-
cuit Court, the St. Louis Court of Common Pleas, the St. Louis county.
Louis Criminal Court and the St. Louis Land Court, each,
two thousand dollars; Fifth, The Secretary of State, one
thousand dollars; Sixth, The State Treasurer, seventeen
hundred and fifty dollars; Seventh, The Auditor of Public
Accounts, seventeen hundred and fifty dollars; Eighth, The
Register of Lands, seventeen hundred and fifty dollars, in
full of all compensation as such officer; Ninth, The Attorney-General.
General, eight hundred dollars; Tenth, Each circuit attor-
ney, three hundred and fifty dollars; Eleventh, The Com-
missioner of the Permanent Seat of Government, three hun-
dred and fifty dollars.
SEC. 2. The clerks serving in the several offices of State.
shall receive for their services, annually, the following sums:
First, The clerks in the office of Register of Lands, twelve
hundred dollars, to be apportioned among them as may be
directed by such Register; Second, The clerk in the office of
the Auditor of Public Accounts, eight hundred dollars;
Third, The clerk in the office of the State Treasurer, six
hundred dollars; Fourth, The clerk in the office of the Secre-
tary of State, eight hundred dollars; but such sums shall not
be drawn, except for services rendered by clerks, from and
after the fifth day of March, eighteen hundred and fifty-
seven.
SEC. 3. The above salaries for officers and clerks shall
be paid out of the State treasury, in four equal installments,
at the end of each fiscal quarter of a year; and the officers
and clerks shall present their accounts to the Auditor, who
shall draw his warrant therefor upon the treasury, to be paid
out of the appropriations made for the payment of civil offi-
cers of government. The accounts of such clerks shall be
stated in their names, respectively, and the correctness thereof
Secretary of
State.
Treasurer.
Auditor.
Register of
Lands.
Attorney-
Circuit at-
torneys.
Comm'r of
Seat of Go-
vernment.
Compensa-
in certain
State offices.
tion of clerks
Salaries to
be paid, how
and when.
1396
SALINE LANDS.
Additional
salary allowed
Judges of Su-
preme Court.
Additional
СНАР. 139.
shall be certified to by the officers, respectively, in whose
employment they are.
SEC. 4. So long as terms of the Supreme Court shall
be holden in the city of St. Louis, the sum of one hundred
dollars per year shall, in addition to the salary above pro-
vided, be paid to each of the Judges of such Court, out of the
county treasury of the county of St. Louis; for which sum,
warrants on such county treasury shall be drawn semi-annu-
ally, in favor of such Judges, respectively, at the end of each
regular term of said court holden in said city of St. Louis.
SEC. 5.-The County Court of the county of St. Louis
salary allowed is hereby authorized and required to pay, annually, out of
judges of cer-
tain courts in the county treasury of such county, to the Judges of the Cir-
St. Louis cuit Court of St. Louis county, the St. Louis Court of Com-
county.
mon Pleas, the St. Louis Criminal Court, and the St. Louis
Land Court, each, the sum of one thousand dollars, in addi-
tion to the salary allowed to such judges by the first section
of this act; which sum of one thousand dollars shall be paid
in four equal installments, at the end of each fiscal quarter
of a year.
Approved November 27, 1855.
How saline
lands may be
sold.
CHAPTER CXXXIX.
SALINE LANDS.
AN ACT RESPECTING SALINE LANDS. (a)
1. In what manner all saline lands 2 6. When two persons apply for
may be sold.
2. At what price to be sold; cer-
tificates given.
3. To whom certificates to be de-
livered.
4. When a patent is to be issued.
5. Manner of authenticating the
patent.
the same land, it shall be
sold to the highest bidder.
Penalty for trespassing on sa-
line land.
7.
8.
Duty of certain judicial officers
relating to such offence.
9.
This act to be given in special
charge to the grand jury.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.- All the saline lands remaining unsold may
(a) The statutes respecting saline lands were not revised. Vide, the act
respecting seminary lands, in this Code, and the act in relation to seminary
and saline lands, in Acts 1847, p. 131.
SALINE LANDS.
1397
CHAP. 139.
be disposed of at private sale, in sections, half sections,
quarter sections, half-quarter sections and quarter-quarter
sections.
At what
price to be
cates given.
SEC. 2.—The person wishing to purchase saline lands
shall pay into the treasury of the State the sum of one sold; certifi
dollar and twenty-five cents per acre, for the tract he may
wish to purchase, and the Treasurer shall give to the person
thus paying, duplicate certificates, stating the amount of
money received, from whom received, the section or subdivi-
sion of the section sold, the township and range, and number
of acres.
To whom
certificates to
SEC. 3.- One of such certificates shall be delivered by
the purchaser to the Auditor, who shall file the same in his be delivered.
office, and charge the Treasurer with the amount thereof;
and the other shall be delivered by the purchaser to the Re-
gister of Lands, who shall file such certificate in his office,
and record the same in a book, kept for that purpose.
SEC. 4. When such duplicate certificate shall be filed in
the office of the Register, the Register shall make out a
patent for the land mentioned in the same, granting to the
purchaser, on the part of the State, the fee-simple therein.
When a pa-
tent is to be
issued.
Manner of
ing the patent.
SEC. 5. The patent shall be under the great seal of the
State, signed by the Governor, and countersigned by the authenticat-
Secretary of State, and shall be recorded by the Register of
Lands, in a book kept for the purpose of registering the
patents for saline and seminary lands.
SEC. 6. — If two or more persons apply at the same time
for the purchase of the same tract of land, the Treasurer
shall offer the same to the highest bidder, and the person
making the highest bid shall be entitled to the land.
When land
shall be sold
to the highest
bidder.
SEC. 7.-If any person attempt to work any of the salines, Penalty for
or settle on any of the lands attached to the salines belong-saline lands.
trespassing on
ing to this State, or shall cut, carry away or destroy, any
timber, or shall carry away or destroy, or cause to be carried
away or destroyed, any buildings or other property belonging
to the State, found or being on any of the lands belonging
to the State, shall, on conviction thereof, be fined in a sum
not less than twenty, nor more than three hundred dollars.
SEC. 8.-Judges and justices of the peace, upon informa-
tion to them on oath, or upon their own knowledge, shall
cause all offenders against the provisions of the preceding
Duty of cer-
tain judicial
officers.
1398
SALINE LANDS.
This act to
be given in
CHAP. 139.
section to be brought before them, by the like process and
proceedings as in other criminal cases, and cause them to
enter into a recognizance for their appearance at the next
term of the circuit court for the county, on the first day
thereof; and, on failure to give such recognizance, shall
commit such offenders to jail.
SEC. 9. The judge of each circuit court shall give this
special charge act in special charge to the grand jury, at each term thereof,
to the grand and the grand jury shall make diligent inquiry, and indict
jury.
all offenders against the provisions of the seventh section.
Approved February 4, 1845.
AN ACT FOR THE RELIEF OF CERTAIN PURCHASERS OF SALINE LANDS.
Money may
be refunded to
purchaser,
when.
Purchaser
hall execute
a deed of re-
3 1. When reserved lands have been 3. When any land has been sold
twice, or oftener, sold by
State, the money to be re-
funded to purchaser.
2. Purchaser shall execute a re-
lease, when.
to a company, any member
may apply for the funds, on
giving bond, with security,
to State, conditioned to pay
each member his share.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:—
SECTION 1. That whenever it shall satisfactorily appear
to the Auditor of Public Accounts, that any portion of the
reserved lands of this State has been twice, or oftener, sold
for the benefit of the State, he shall issue his warrant on the
Treasurer, in favor of the individual or individuals, or their
legal representatives, making such second purchase, on his,
her, or their application, for the amount of money paid into
the treasury by such purchaser or purchasers.
SEC. 2. That the person or persons making such second
purchase, before the amount thereof shall be refunded to
lease, when. them, shall execute and file with the Register of Public
Lands a deed of release, in favor of the first purchaser or
purchasers.
When such
lands have
been sold to a
SEC. 3.—That when any portion of the reserved lands
aforesaid shall have been purchased by a company, or com-
Com any, any panies, of individuals, any member of said company, or com-
receive the panies, who have made the second purchase, shall be entitled
to apply for and receive the amount which may have been
member may
funds.
SALTPETRE.
1399
CHAP. 140.
paid into the State treasury for said second purchase: Pro-
vided, That the individual applying for and receiving the
same shall first execute a bond to the State of Missouri,
with good and sufficient security, conditioned to pay to the
other members of said company or companies, or their legal
representatives, such portion thereof as they may be legally
entitled to.
This act shall take effect from the passage thereof.
Approved January 31, 1845.
Condition
thereof.
CHAPTER CXL.
SALTPETRE.
AN ACT CONCERNING SALTPETRE WORKS.
1. Saltpetre works to be fenced, | 2. Penalty for failing to comply
so as to exclude cattle.
with this act.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
—
Saltpetre
works tu be
fenced, so as
SECTION 1. The owners and occupiers of saltpetre
works within this State shall keep the same enclosed with a
good and lawful fence, so as to prevent horses, cattle and to exclude
other stock, that may receive injury thereby, from having
access thereto.
SEC. 2.-Every person, owner or occupier of any salt-
petre works within this State, failing to secure the same with
a good and lawful fence, from horses, cattle, and any kind of
stock that may be injured by drinking the saltpetre water,
shall be liable to an action of the party injured by such
neglect, for double the value of such horses, cattle or other
stock, injured or killed by drinking the water, to be re-
covered in any court having competent jurisdiction to try the
same.
Approved November 23, 1855.
cattle.
Penalty for
ailing to com-
act.
ply with this
*H VOL. II.
1400
SALVAGE.
CHAP. 141.
Boats, rafts,
&c., in a pe-
CHAPTER CXLI.
SALVAGE.
AN ACT RESPECTING SALVAGE.
1. Boats, rafts, &c., in a perish-
able condition, may be saved.
2. Property to be restored on
proof of ownership, and pay-
ing salvage.
3. Salvage, how obtained from
the owner; property may be
detained.
4. Taker up to make oath before
a justice of the peace, and
how.
5. Notice to be given, how.
6. Failure to give notice, a for-
feiture of salvage, and da-
mages to owner, &c.
7. Not necessary to cause notice
to be given in newspaper,
when.
8. Salvage of lumber, staves or
shingles.
9. Salvage of logs, rails, firewood
or timber.
10. Property less than ten dollars,
how disposed of, &c.
11. Proceeds, how disposed of, and
salvage paid.
12. Before sale, how owner may
have restitution.
13. After sale, return of proceeds
of sale.
14. Taker up allowed his salvage;
remainder retained by jus-
tice for six months after re-
turn of warrant.
15.
16.
17.
18.
If no owner in six months, to
be paid into county treasury.
If property above the value of
one huudred dollars, pro-
ceedings.
Notice of such sale to be given.
Sheriff to keep the net pro-
ceeds of such sale, subject
to order of court.
19. To pay net proceeds into
county treasury, when.
Liability of sheriff for any vio-
lation of this act.
Compensation of sheriff.
20.
21.
22. Penalty for detaining, embez-
zling or injuring such pro-
perty by third persons.
23. Penalty on justice of the peace
for embezzling such pro-
perty.
24. Value of such property to be
ascertained by three house-
holders of the neighborhood.
25. Valuation to be returned into
the circuit court.
26. When property is secreted by
other persons, justice may
issue search warrant.
27. When claimant shall prove
title, property to be deliv-
ered to him.
28. When wrecked property found
adrift, taker up allowed cer-
tain price therefor.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.--When any boat, vessel, raft or other pro-
rishable con-perty, shall be lost or wrecked, and in a perishable condition,
upon any river, any person may take up and secure the same,
at or near the place where found. (a)
dition, may be
saved.
Property to
be restored, on
SEC. 2.-When any person shall set up a claim to such
proof of own- property, and shall prove his title to the same, by competent
ership and testimony, before any justice of the peace of the proper
paying sal-
county, such taker up shall restore the same to such owner,
vage.
if he pay to such taker up a premium for salvage, at the
(a) Collard v. Eddy, 17 Mo. Rep., 354.
SALVAGE.
1401
CHAP. 141.
rate of twenty per centum, upon the value of all such
property.
Salvage,
how obtained
SEC. 3. The taker up of such boat, vessel, raft or other
property, shall be entitled to retain the same against the from the own-
rightful owner until salvage be paid, or may have and main-er; property
tain an action against such owner for the amount of salvage tained.
due, according to this act.
SEC. 4. Whenever any of such property shall be taken
up and secured, if the same exceed the value of ten dollars,
the taker up shall forthwith go before some justice of the
peace of the county, and make oath that the property was
wrecked or lost, without the consent of the owner, as he
believes, and was in a perishable condition, and that he was
not directly or indirectly instrumental in causing the pro-
perty to be wrecked, lost, set adrift, or placed in a perisha-
ble condition; and shall, also, state, upon oath, an exact
account of the quantity and quality of such property, and
the time that such property was taken up, and that he has
not secreted or disposed of, directly or indirectly, any part
thereof.
SEC. 5. Within thirty days thereafter, the taker up shall
insert in some newspaper in this State, nearest the place of
taking up such property, for four weeks, a correct and exact
account of the time and place, when and where the said
property was taken up, and the description and value thereof;
and shall, also, put up three advertisements to the same
effect, at public places in the township where such property
may have been taken up, within ten days thereafter.
SEC. 6.—If the taker up shall fail to give public notice,
as required, he shall forfeit all his right to salvage, and shall
forfeit to the owner of such property all such damages as the
owner may sustain in consequence thereof, to be recovered,
with costs, before any court having competent jurisdiction.
SEC. 7.-If the amount of property taken up shall not
exceed one hundred dollars, it shall not be necessary for the
taker up to cause notice to be given in any newspaper.
SEC. 8.—Any person taking up any raft, when the
same shall consist of lumber, staves or shingles, the person
taking up and securing the same shall be entitled to receive
the same salvage as is, by this act, allowed to persons for
taking up and securing any boats, vessels or other property.
may be de-
Taker up to
make oath be-
fore a justice
of the peace,
and how.
Notice to be
given, how.
Failure to
give notice, a
forfeiture of
salvage, and
damages to
owner, &c.
Not necessa-
tice in news-
ry to give no-
paper, when.
Salvage of
or shingles.
lumber, staves
1402
SALVAGE.
Salvage of
logs, rails,
firewood or
timber.
CHAP. 141.
SEC. 9.- Rafts taken up that shall consist of logs, rails,
firewood or timber, the person taking up and securing the
same shall be entitled to receive, for his trouble, the one-
fourth part of the proceeds arising from the sale of such raft.
SEC. 10.—When any person shall take up and secure any
such property of less value than ten dollars, he may retain
disposed of, and dispose of the same to his own use, if the owner shall
not claim the same within one year after the taking up.
Property
less than ten
dollars, how
&c.
Proceeds,
of, and salvage
paid.
SEC. 11. When such property shall be of greater value
how disposed than ten dollars, and not exceeding one hundred dollars, the
justice of the peace shall, by warrant under his hand, direct
the constable of his township to sell the same at public
vendue, giving twenty days' notice, by three advertisements,
put up at public places in his township, of the time and place
of sale.
Before sale,
bow owner
titution.
SEC. 12.--The owner, on proof of ownership before such
may have res-justice of the peace, may have restitution of his property, at any
time before sale is made, on payment of the salvage and costs.
SEC. 13.- After sale, the constable shall return the war-
ceeds of sale. rant to said justice, with the proceeds of such sale.
After sale,
return of pro-
Taker up al-
lowed sal-
vage; re-
-
mainder, how
disposed of.
If no owner
in six months,
to be paid into
county trea
sury.
If property
above the
value of one
hundred dol-
lars, proceed-
ings.
Notice of
such sale to be
given.
SEC. 14.-The justice shall allow to the taker up his
salvage, according to this act, and, after paying the costs,
shall retain the balance in his hands, to be paid to the owner
of the property, if he apply for the same, and prove his
right, within six months after the return of the warrant.
SEC. 15.-If no claimant appear within six months, the
justice shall pay the said money into the county treasury,
taking the treasurer's reccipt therefor, which receipt shall be
filed in the office of the county court of the proper county;
and the owner may, on bringing satisfactory proof of owner-
ship, obtain an order, from the county court of the county,
for the payment thereof out of the county treasury.
SEC. 16. If the property taken up and secured shall be
above the value of one hundred dollars, the Supreme and
Circuit Courts of the State, and any judge thereof in
vacation, shall have the power of ordering the sale thereof,
by an order directed to the sheriff of the proper county for
that purpose.
SEC. 17.- Notice of such sale shall be given, and the
sale, in every respect, conducted in the same manner as when
property is seized on execution.
SALVAGE.
1403
CHAP. 141.
SEC. 18.—The sheriff, after paying the taker up his
salvage, according to this act, and costs, shall retain the
money arising therefrom in his hands, until either of the
said courts, or some judge thereof, shall authorize him to pay
the same over to the owners.
SEC. 19.—If the money referred to in the next preceding
section shall remain longer in the hands of the sheriff than
six months, without being claimed by the owner, it shall be
the duty of the sheriff to pay the money into the county
treasury, taking duplicate receipts therefor, and he shall file
one with the county court clerk, the other with the clerk of
his circuit court.
SEC. 20.For any violation of duty by the sheriff, under
this act, he shall be liable to pay the value of the property
or money, with damages, to be recovered, by the injured
party, in a civil action.
SEC. 21. The sheriff, for his services, shall be entitled
to the same fees as he is entitled to in other cases.
SEC. 22. — If any person unlawfully detain or embezzle
property wrecked, lost or adrift, contrary to this act, he shall
be liable to pay double the value thereof to the party injured,
to be recovered, by civil action, in any court having jurisdic-
tion thereof.
SEC. 23. If any justice of the peace shall fraudulently
secrete, embezzle or dispose of, any money or property which
may come to his hands under this act, such justice shall for-
feit fourfold the value thereof, to be recovered, by civil action,
one-half to the use of the party injured, and the other to the
use of the State, in any court having jurisdiction thereof.
any
Sheriff to
keep the net
proceeds, &c.,
subject to or-
der of court.
To pay net
proceeds into
sury, when.
County trea-
Acts 1849,
p. 122.
Liability of
sheriff for any
violation.
Ibid.
His compen-
sation.
Penalty for
detaining, em-
bezzling or in-
juring, such
third persons.
property by
Penalty on
justice of the
bezzling such
peace for em-
property.
How value
of such pro-
SEC. 24. When it may be necessary to ascertain the
value of any boat, vessel, raft or other property, any justice perty to be as-
of the peace of the proper county, on the application of certained.
party concerned, by warrant under his hand, may depute
three substantial householders of the neighborhood, who,
being sworn, shall assess and ascertain the value of such
boat, vessel, raft or other property, and return their valua-
tion to such justice.
SEC. 25. The justice shall return such valuation, and
the warrant, to the clerk of the circuit court of the proper
county, to remain in his office as a matter of record, which
Valuation to
into the cir-
cuit court.
be returned
1404
SCHOOL LANDS.
When pro-
perty is se-
justice may is-
sue search
warrant.
СНАР. 142.
valuation, as between the parties litigant, shall be final and
conclusive.
SEC. 26.-When any person shall make oath, before any
creted by justice of the peace, that he has lost any property by wreck,
other persons, the rising of water, tempest or other accident, and that he
has good cause to believe that such property, so lost, is
secreted in possession or custody of any other person, it shall
be lawful for such justice of the peace, by warrant under his
hand, to direct the constable of his township to search
for, and take into his possession and charge, the property so
secreted.
When claim-
ant shall
prove title,
property to be
delivered to
him.
When wreck-
ed property
lowed certain
SEC. 27. — If the claimant shall prove his title to the same,
in [the] manner herein before mentioned, then it shall be the
duty of such constable to deliver the said property to the
claimant so proving his right, he paying the fees allowed, by
law, for similar services.
SEC. 28. When boats are wrecked, and the cargoes.
found adrift, found floating in barrels, hogsheads, bales, or otherwise, the
taker up al-party taking up and securing such cargoes, or any part
price therefor. thereof, shall be entitled to twenty-five per centum, to be paid
out of the goods so secured, or out of the proceeds of the
sale thereof, which shall be full compensation to the party
who
may take up the same.
Approved November 23, 1855.
CHAPTER CXLII.
SCHOOL LANDS.
AN ACT TO REGULATE THE SALE OF THE SIXTEENTH SECTION.
8 1. Sixteenth sections, how, in | 7. Certificate of purchase to be
what manner, and by whom
they shall be sold.
2. Notice of such sale, how given.
3. Not sold for less than one dol-
lar and a quarter per acre.
4. If not all sold, same may be
again offered for sale, once
in each year.
5. To be sold in forty-acre lots;
how divided.
6. Bond and security for the pur-
chase-money to be given.
given; when full payment,
entitled to a patent
8. Abstract of lands sold to be
furnished to the Register of
Lands.
9. Patent to issue on paying pur-
10.
chase-money.
How such patents to be signed
and attested.
11. If purchaser pay the money
at the time of sale, may have
patent immediately.
SCHOOL LANDS.
1405
СНАР. 142.
? 12. Additional security may be re- | 25. In what manner, and how,
quired for the purchase-mo-
ney, when; failing to give it,
proceedings.
13. Compensation of sheriff.
14. Compensation of the clerk and
treasurer.
15. When court may sell lands on
petition of less than fifteen
inhabitants.
16. A majority may petition to
lease sixteenth section.
17. Notice of such intended peti-
tion to be given.
18. On proof of such notice, and
being satisfied that a majority
wish it, order of lease to be
made.
19. Contents and stipulations of
such lease.
20. Lease to be approved before
taking effect.
21. Violations of covenants in
lease, notice to quit; how
suit to be brought against
tenant.
22. Rents to be paid into county
treasury.
23. On application of purchaser,
how sale to be annulled.
24. Purchase-money to be refunded
without interest.
other lands may be selected,
in lieu of the sixteenth sec-
tion.
26. Governor to appoint a person
to make such selection.
27. Duty of such person in making
selection.
28. Governor to certify such selec-
tion to the proper county.
29. Sheriff may sell such selected
lauds, subject to the provi-
sions of this act.
30. Penalty for trespassing on
school lands. .
31. In what manner trespassers to
be arrested.
32. The thirtieth section of this act
to be given in special charge
to the grand jury.
33. All fines under this act to be
paid into county treasury.
34. Attorney-General and circuit
attorneys to prosecute for all
penalties and contracts.
Sheriff may, on leave of court,
bid in any school land.
Certificates of purchase,
35.
36.
granted under the seventh
section, may be assigned.
37. Register may issue patent to
assignee, when.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.-In all congressional townships in this State,
in which there are fifteen free white householders, they shall
have the right to sell their sixteenth sections, or such lands
as have been, or shall be, selected in lieu thereof; and, upon
the petition of a majority of such householders, the county
court shall make an order, a copy of which shall be furnished
to the sheriff, directing him to expose such lands to sale, at
the court-house door, and while the circuit court of the county
is in session, after giving sixty days' notice thereof. (a)
SEC. 2.-Such notice shall be given in the same manner
as shall be required, by law, in selling lands by virtue of a
writ of fieri facias.
(a) The Legislature has power to pass laws, providing for the sale of the
sixteenth sections. Maupin v. Parker, 3 Mo. Rep., 310; Payne & Riggin
v. St. Louis County, 8 Mo. Rep., 473. Vide, Hammond v. St. Louis Schools,
8 Mo. Rep., 65; Trotter v. St. Louis Public Schools, 9 Ibid, 68; Eberle v.
St. Louis Public Schools, 11 Ibid, 247; Kennett v. Cole County Court, 13
Mo. Rep., 139; Kissell v. Schools, 16 Mo. Rep., 553; State, to use, &c., v.
Dent, 18 Ibid, 313; State v. Ham, 19 Mo. Rep., 592; State v. Fleming,
Ibid, 607.
Sixteenth
sections, how,
in what man-
ner, and by
whom, they
shall be sold.
Notice of
such sale, how
given.
1406
SCHOOL LANDS.
Not sold for
less than,
what price.
If not all
sold, may be
again offered
for sale, once
in each year.
To be sold
in forty-acre
lots; how di-
vided.
Proviso.
Bond and
security for
the purchase-
inoney to be
given.
Certificate
of purchase to
be given;
when full pay
ment, entitled
to a patent.
CHAP. 142.
SEC. 3.- Such lands shall not be sold for less than one
dollar and twenty-five cents per acre.
SEC. 5.-If, after such sale, any part of such lands shall
remain unsold, the sheriff of each county, if the county court
shall deem it necessary, shall, once in each year, again offer
such lands for sale, by giving the same notice, and in the
same manner as is herein before provided.
SEC. 5. Such lands shall be sold in lots of forty acres,
and shall be divided in the same manner that the public lands
of the federal government are divided, when sold in lots of
forty acres: Provided, That, if a sixteenth section be in the
vicinity of a city or village, it shall be lawful, on the petition
of two-thirds of the inhabitants of the township in which
the same is situated, for the county court to make an order,
authorizing the inhabitants of such township to cause such
sixteenth section to be laid out and sold in lots of a less size
than forty acres, and to lay out such streets, alleys and roads,
and to appropriate such portion thereof as they may deem
necessary, for sites for school-houses, churches, and for plea-
sure-grounds.
SEC. 6.—The purchasers shall give bond, with good and
sufficient security, payable one year after date, to the county,
for the use of the inhabitants of the township to which the
lands purchased may have belonged, which bond shall bear
interest at the rate of ten per centum per annum, from its
date until paid, and shall be returned by the sheriff to the
county court of the county to which the land belongs, and by
the court deposited in the office of the county clerk. (a)
SEC. 7. A certificate of purchase shall be issued by the
sheriff to the purchaser, describing the land sold, reciting the
number of acres, amount of purchase-money, and the man-
ner in which the payment is secured; and such certificate,
after full payment shall have been made, shall entitle the
purchaser to a patent for the land so purchased.
Abstract of SEC. 8.-The county court shall make out and forward to
lands sold to the Register of Lands, an abstract of all lands sold under
the provisions of this act; and when the purchase-money
be fully paid, together with the interest which may have ac-
be furnished
to Register.
shall
(a) Casey v. Barcroft, 5 Mo. Rep., 128; Butler v. Chariton County
Court, 13 Mo. Rep., 112; Veal v. Chariton County Court, 15 Mo. Rep.,
412; Marion County v. Moffett, Ibid, 604.
SCHOOL LANDS.
1407
CHAP. 142.
crued thereon, the court shall make, and forward to the Re-
gister of Lands, a statement, showing the tract or tracts for
which payment has been made.
SEC. 9. Upon the receipt of such statement, the Re-
gister of Lands shall make out, in the name of the State,
patents for the lands paid for; and, after having recorded the
same in a well-bound book, to be provided for that purpose,
shall forward the same to the county court of the proper
county, to be by it delivered to the person entitled thereto,
on presentation and surrender of the original certificates
given to such persons, which certificates shall be filed, and
forever preserved by the county court.
SEC. 10.- Patents, issued in virtue of the provisions of
this act, shall be signed by the Governor, countersigned by
the Secretary of State, and attested by the great seal of the
State of Missouri.
SEC. 11. A purchaser of land, under the provisions of
this act, may pay the purchase-money at the time of sale,
and entitle himself to a patent therefor as soon as the same
can be issued.
Patent to
issue on pay-
ing purchase-
money.
How such
patents to be
signed and at-
tested.
If purchas-
money at the
er pay the
time of sale,
may have pa-
tent.
Additional
security may
be required
for the pur-
when; failing
chase-money,
SEC. 12. Whenever the county court may deem the se-
curity for the payment of any bond for the purchase-money
of township school lands insufficient, it may require other and
additional security; and, upon failure to give such other and
additional security, the contract shall be considered as vio-ing to give it,
lated, and the court shall forthwith proceed to collect the
amount due on account of such sale, as if no time had been
given for the payment thereof. (a)
SEC. 13. The sheriff shall be allowed, as a compensation.
for advertising, selling and taking bond, one per centum on
the amount of sales made in pursuance of this act, to be paid
out of the school fund to which the money arising from such
sales belongs.
SEC. 14. The clerk of the county court and treasurer of
the county shall each receive, for his services performed
under this act, such compensation as the county court may
deem proper, not to exceed (to the treasurer of the county)
one-half of one per centum on all money received and paid
out by him.
(a) Nolly v. Callaway County Court, 11 Mo. Rep., 447.
*µ 2— VOL. II.
proceedings.
Compensa-
tion of sheriff.
Compensa-
and treasurer.
tion of clerk
1408
SCHOOL LANDS.
1
When court
may sell lands
on petition of
less than fif-
teen inhabi-
tants.
A majority
may petition
to lease, &c.
Notice of
such intended
given.
CHAP. 142.
SEC. 15.- Whenever it shall appear, to the satisfaction of
the county court, by petition, that so much of the first sec-
tion of this act as provides that the sixteenth sections in the
several congressional townships shall be sold, on the petition
of a majority of fifteen free white householders of such town-
ship, cannot be carried into effect on account of extensive
prairies, or other local causes, such court may, in its discre-
tion, order the sale of such lands, on the petition of a ma-
jority, if there shall be as many as seven such householders
resident in the township.
SEC. 16.-A majority of the free white householders in
any congressional township may petition the county court to
lease their sixteenth section, or the lands selected in lieu
thereof.
SEC. 17.- Notice of such intended petition shall be given
petition to be by, at least, four written or printed hand-bills, signed by a free
white householder, and put up in public places in the town-
ship, or by advertisement in a newspaper published in the
county, at least twenty days before the petition is to be pre-
sented to the court, and ten days before such petition shall be
presented to such householders for signature.
Court shall
make an order
SEC. 18. The court, when such petition is presented and
of lease, when. publicly read, and upon proof of notice having been given,
as required by the preceding section, if it is satisfied that a
majority of the free white householders of the township are
in favor of leasing such lands, shall make an order, (a copy of
which shall be furnished to the trustees of such township,)
directing them to lease the same for a period, if unimproved,
not exceeding ten years, and if improved, not exceeding
three years.
Contents
SEC. 19. Leases made in pursuance of this act shall set
and stipula-
tions of leases forth the lands let, by metes and bounds, the time and dura-
under this act. tion of the lease, the rents reserved, and shall specify parti-
cularly, the improvements (if any) to be made, and contain
proper covenants for the payment of the rent reserved,
making the specified improvements, and that such lessee shall
not cut down, injure or destroy, any timber upon the pre-
mises let, other than what shall be necessary for fire-wood,
making the specified improvements, and repairing the build-
ings, fences, and other improvements, or (if the premises let
contain mineral,) carrying on the mining and smelting busi-
SCHOOL LANDS.
1409
CHAP. 142.
ness; that such lessee will not commit, or suffer to be com-
mitted, any waste, spoliation or destruction, of the buildings
or fences which may, at any time, be erected on such pre-
mises; and that he will, at the end of his term, or other
sooner determination thereof, yield up the premises in good
repair, with such other covenants as the nature of the con-
tract may require; and reserving to the trustees the right to
reënter at any time, for a breach of any covenant contained
in such lease.
SEC. 20. — No lease shall take effect until it shall be ap-
proved by the county court, or a majority of the justices
thereof in vacation, and, when approved, shall be deposited
in the office of the treasurer of the county.
Lease to be
approved be-
for taking
effect.
Violation of
Covenants in
lease, notice
to quit; suit
against te-
SEC. 21. The county court, upon a breach, by the lessee,
of any covenant contained in the lease, shall notify the lessee
to yield up the possession of the demised premises; and if
such lessee shall neglect or refuse to do so, for the period of nant, how
ten days after he shall be notified, the trustees shall proceed brought.
against him, and obtain restitution in the same manner, and
with like effect, as in other cases of tenants holding over.
SEC. 22. — All rents reserved upon leases of township
school lands shall be paid into the treasury of the county in
which the township, to which the fund belongs, is situated;
and the county treasurer shall give the lessee duplicate re-
ceipts therefor, stating therein the amount paid, and on what
account; one of which shall be delivered by the lessee to the
clerk of the county court, who shall charge the amount
thereof to the county treasurer, on account of the township
school fund to which it belongs.
SEC. 23. Whenever the purchaser of any school land, or
any person claiming under him, shall petition the county
court to have the sale of such land annulled, and such peti-
tion shall, also, be signed by three-fifths of the free white
householders of the school township in which such land lies,
the county court may, by an order of such court, direct such
sale to be annulled; upon such order being made, the certi-
ficate of purchase shall be given up, and the same, with all
securities and obligations for the payment of the purchase-
money and interest thereon, shall be cancelled by such court,
and the land shall thereafter be disposed of by such court,
as if the same had never been exposed to sale: Provided,
Rents to be
paid into
county trea-
sury.
Before half
of purchase-
money is paid,
and on appli-
cation of pur-
chaser, how
sale to be an-
nulled.
1410
SCHOOL LANDS.
Purchase-
money to be
without inte-
rest.
CHAP. 142.
however, That no such order shall be made in any case after
one-half of the purchase-money has been paid, nor until all
the interest due on such purchase shall be paid, or secured
for payment.
SEC. 24. Whenever any sale shall be annulled by any
refunded court, by virtue of the preceding section, and any part of the
purchase-money has been paid, the county court shall draw
a warrant, to be paid out of the moneys belonging to the
township in the treasury of the county, for the amount paid,
in favor of the person entitled to the same; but no warrant
shall be issued for any interest, nor shall any interest be re-
funded which may, before the annulling such contract, have
been paid on the purchase. The two preceding sections shall
not apply to the county of St. Louis.
In what
manner, and
lands may be
selected in lieu
of sixteenth
section.
SEC. 25.-When the inhabitants of any congressional
how, other township may, by any law of Congress, acquire a right to
relinquish their sixteenth section, and select lands in some
other part of the State in lieu thereof, and when a majority
of such inhabitants make known their intention to relinquish
to the county court, such court shall, if good land can be se-
lected in the same county, appoint some disinterested person.
of the county to make the selection, who shall, in the per-
formance of his duty, conform to the law of Congress giving
the right to relinquish and select; and the lands so selected,
shall, in all respects, be sold or managed as herein before pro-
vided for the sale or management of sixteenth sections; and
if a majority of such inhabitants wish to select land, in lieu
of their sixteenth section, in some other county, then the
county court shall report the fact, from time to time, as made
known to them, to the Governor, particularly describing the
land relinquished, by stating the number of acres, section,
township and range.
Governor to
appoint a per-
son
such selection.
SEC. 26.—It shall be the duty of the Governor to appoint
to make (when, in his opinion, it shall be necessary,) some discreet
person, who is a good judge of the value of lands, to select,
for the inhabitants of the different townships, lands in lieu of
those relinquished.
Duty of such
person in
making selec-
tion.
SEC. 27.—The person appointed by the Governor shall
make selection of lands, in lieu of those relinquished, in ac-
cordance with such law as Congress may pass on the subject,
taking care to choose the most valuable, and shall make re-
SCHOOL LANDS.
1411
СНАР. 142.
port of his proceedings to the Governor, describing the quan-
tity selected, and its location, by its section, township and
range; for which service the person appointed shall be allowed
two dollars per day, to be paid out of the State treasury.
in
SEC. 28. — The Governor shall cause the Secretary of
State to certify such selections to the county court of the
proper county, which certificate shall set forth a particular
description of the land, by its section, township, range, and
number of acres; and shall, also, cause the Secretary of State.
to certify to the clerk of the circuit court of each county,
which any lands so selected may be situate, the number of
the section therein selected, township and range, and the
county for which they are selected; which certificate shall be
recorded by such clerk in the office of the recorder of such
county, and a certified copy thereof shall be evidence.
Per diem.
Governor to
certify such
selection to
the proper
county.
Sheriff may
lected lands,
subject to the
provisions of
this act.
SEC. 29. The sheriffs of the respective counties, when
any lands may be selected in lieu of any relinquished six-sell such se-
teenth sections, shall sell such lands under the regulations
required by this act in selling the sixteenth sections proper;
and, when they shall take a bond of the purchaser, [shall]
transmit the same to the county court of the county to which
it properly belongs.
Penalty for
on school
lands.
SEC. 30.- If any person shall commit waste, trespass or
other injury, upon any school lands in the State, or upon any trespassing
improvements thereon, the person so offending shall, upon
conviction thereof, be fined in a sum not exceeding five hun-
dred dollars. (a)
SEC. 31. All civil officers, upon information on oath, or
of their own knowledge, shall cause any person committing
any of the offences mentioned in the preceding section, to be
brought before them by the like process as in criminal cases,
and to enter into recognizance for his appearance at the cir-
cuit court of the county, (or, if in the county of St. Louis,
the Criminal Court,) on the first day of [the] next term thereof;
and, in default of such recognizance, commit such person to
the jail of the county.
In what
manner tres-
passers to be
arrested.
section of this
SEC. 32. The judges of the circuit courts and the Judge The thirtieth
of the St. Louis Criminal Court, shall give the thirtieth sec-act to be given
tion of this act in special charge to the grand jury at each in charge to
grand jury.
(a) State v. Myers, 20 Mo. Rep., 409.
1412
SCHOOL LANDS.
Fines under
this act to be
CHAP. 142.
term, who are required specially to inquire into, and make
presentments of, all offences committed against its provisions.
SEC. 33.- All fines, penalties and forfeitures, accruing
paid into under the provisions of this act, shall be paid into the trea-
sury of the county, for the use of the inhabitants of the
township to which the land injured belonged.
county trea-
sury.
Attorney-
General, &c.,
to prosecute
SEC. 34.-The Attorney-General, and circuit attorneys,
within their respective circuits, shall prosecute all suits for
for penalties, the recovery of moneys, upon contracts made in pursuance
of the provisions of this act.
&c.
Sheriff may,
en leave of the
land.
SEC. 35. The county courts are hereby authorized,
court, bid in whenever they may deem it expedient so to do, to appoint
any school the sheriff an agent to purchase, for the benefit of the town-
ship in which said lands may lie, any school lands for sale:
Provided, That said sheriff shall not bid an amount exceed-
ing the debt for which said lands are offered for sale.
Certificates
of purchase
SEC. 36.—The certificate of purchase required to be given
rranted under to the purchaser by the sheriff, in pursuance of the seventh
the seventh section of this act, may be assigned by endorsement thereon,
in writing, by the owner thereof, which assignment shall con-
Acts 1853, vey to the assignee all the right, title and interest, of the
purchaser in the lands therein described.
section, may
be assigned.
p. 109.
Register
may issue pa-
tent to as-
signee, when.
Foid.
SEC. 37.-Upon due proof of such assignment, to the
satisfaction of the county court, an entry thereof shall be
made upon the record of such court; and that fact, being cer-
tified to the Register of Lands, in addition to the facts ne-
cessary to be certified to enable an original purchaser to ob-
tain a patent, shall authorize and require such Register to
issue a patent, in the name of the last assignee, for the land
so transferred, in like manner and with like effect as other
patents.
Approved November 23, 1855.
SCHOOLS.
1413
AP. 143.
CHAPTER CXLIII.
SCHOOLS.
ACT TO PROVIDE FOR THE ORGANIZATION, SUPPORT AND GOVERNMENT
OF COMMON SCHOOLS, IN THE STATE OF MISSOURI.
ARTICLE I. OF A COMMON-SCHOOL FUND, THE CARE AND MANAGEMENT
THEREOF, AND OF A SUPERINTENDENT, HIS CHOICE, POW-
ERS AND DUTIES.
66
II
III.
IV.
V.
((
VI.
VII.
" VIII.
- OF COUNTY AND TOWNSHIP SCHOOL FUNDS; THE POWERS AND
DUTIES OF COUNTY OFFICERS.
OF A COMMISSIONER OF COMMON SCHOOLS, HIS APPOINTMENT
AND DUTIES.
OF THE ORGANIZATION OF SCHOOL TOWNSHIPS AND DISTRICTS.
OF THE ELECTION OF SCHOOL TRUSTEES; THEIR POWERS AND
DUTIES.
DUTIES OF TEACHERS.
- MISCELLANEOUS PROVISIONS.
OF SCHOOL CORPORATIONS IN TOWNS AND VILLAGES.
ARTICLE I.
A COMMON SCHOOL FUND, THE CARE AND MANAGEMENT
THEREOF, AND OF A SUPERINTENDENT, HIS CHOICE, POW-
ERS AND DUTIES.
1. A common-school fund esta- | 17. Duties of Auditor in regard to
blished; of what the same
shall consist.
2. To be a permanent fund.
3. State school moneys; distribu-
tion thereof regulated.
4. Duty of Register to keep a re-
gister of school lands.
5. What shall be entered therein.
6. Powers and duties of Auditor.
7. Duty of State Treasurer.
8. Office of Superintendent of Com-
mon Schools established.
9. His qualifications; where to re-
side and keep his office.
10. To be elected, when; to enter
on duties of his office, when.
11. His election to be governed, by
what law.
12. To take an oath and give bond.
13. Who to be commissioners of the
State school fund.
14. Moneys of the State school fund,
when and how to be invested.
15. Certificates of such investment,
how taken.
16. Common-school fund, how held
by the State; declared to be
held for the State school fund;
certificates to issue therefor.
all bonds and certificates of
stock, and the interest and
dividends accruing thereon.
18. The Auditor may deposit such
bonds, &c., in State Bank.
19. Dividends thereon to be paid to
the Treasurer.
20. Apportionments of State school
moneys to be paid to county
treasuries..
21. Balance, after distribution, may
be retained in the treasury by
commissioners.
22. Such balance may be added to
bank dividends, or form a dis-
tribution fund.
23. Duties of Superintendent.
24. Superintendent to prepare suit-
able forms, and transmit the
same to officers throughout
the State.
25. Shall cause this act, with forms,
to be printed, when.
26. Moneys expended by Superin-
tendent in the execution of
his duties prescribed in the
two preceding sections, al-
lowed him by Auditor.
27. Salary of Superintendent.
1414
SCHOOLS,
A common-
school fund es-
tablished; of
what the same
shall consist.
To be a per-
manent fund.
State school
moneys de-
СНАР. 1
Be it enacted by the General Assembly of the State of M
souri, as follows:
SECTION 1.-There is hereby created and established
fund for the support of common schools within this State,
be called and known as "The State School Fund," whi
shall consist of: First, All moneys heretofore deposited,
which shall hereafter be deposited, with this State, accordi
to the act of Congress entitled, "An act to regulate the
posit of public moneys," passed June twenty-third, eighte
hundred and thirty-six; Second, The proceeds of all lar
now or hereafter belonging to the State, known as the sali
lands, [and] of all lands now or hereafter vested in t
State by escheat, or purchase, or forfeiture for taxes.
SEC. 2. — The fund hereby created shall be and remair
permanent fund for the support of common schools.
SEC. 3. The interest, dividends, proceeds and prof
fined; distri- of such school fund, shall be denominated "State Scho
bution thereof Moneys," and shall be distributed, annually, for the suppo
regulated.
of common schools thoughout the State.
Duty of Re-
gister of
the common-
school lands.
SEC. 4.—It shall be the duty of the Register of Land
Lands to keep to provide and keep in his office a book, to be called "T
a register of Register of Common-school Lands," in which shall be e
tered a description of all lands specified in the second su
division of the first section of this article, now belonging
this State, or which may hereafter be acquired, showing t
number of survey, the county wherein situate, the rang
township, section and legal subdivision of each tract, as f
as practicable, and the number of acres contained therein.
SEC. 5.-The Register shall, also, enter in such book
abstract of all sales of saline lands heretofore made, a
all sales hercafter made, of lands of every description, de
cated to the use of common schools, which abstract shall co
tain the particulars of description required by the precedi
section, and the amount of sales of each tract.
What shall
be entered
therein.
Powers and
ditor.
SEC. 6.—It shall be the duty of the Auditor of Pub
duties of Au- Accounts, and he shall have power: First, To superinte
and manage the State school fund, as is or may be requir
by law; Second, To keep and state all accounts with t
Treasurer, and all other persons, in relation to such fund a
school moneys, and to direct and superintend the collecti
of all moneys due on account thereof; Third, To draw ws
"
SCHOOLS.
1415
HAP. 143.
ants on the Treasurer for the payment of all moneys di-
ected, by law, to be paid out of such fund, or the income
hereof; Fourth, To require all persons who shall have re-
eived any money belonging to such fund or income, and
hall not have accounted therefor, to settle their accounts;
Fifth, To sue for and recover, by his name of office, all money
ue by any person on account of such fund or income; Sixth,
To require the Treasurer, from time to time, to report to
im such accounts, statements and information, touching the
unds and property dedicated to the use of common schools,
s it may be in his power to report; Seventh, To exhibit to
he Legislature, at each session thereof, a complete account
nd report of the state of the school funds and property, and
he receipts and expenditures on account thereof; Eighth,
To suggest plans for the improvement and management of
he funds.
Treasurer,
under this act,
SEC. 7.-It shall be the duty of the State Treasurer: Duty of State
First, To receive and safely keep all money which shall, from
ime to time, be paid into the State treasury on account of prescribed.
the State school fund, and the income thereof; Second, To
bay all warrants drawn by the Auditor on such fund or in-
come; Third, To exhibit to the Auditor, quarter-yearly,
such accounts and reports as he may require, touching the
school funds or lands, and income thereof, and in the power
of the Treasurer to exhibit; Fourth, To exhibit to the Le-
gislature, at each regular session, exact accounts of all rc-
ceipts and expenditures, on account of the school fund or its
come, and a report of all such information as may be in
his power, touching such funds and the lands belonging
thereto.
SEC. 8. An office, to be called "The Office of Superin-
tendent of Common Schools," is hereby established.
Office of Su-
perintendent
established.
His qualifi-
cations; where
SEC. 9. The Superintendent of Common Schools shall
be a free white male citizen of the State, at least twenty-to reside and
four years of age, and shall have resided in the State at keep his office.
east one year previous to his election: he shall reside at the
Seat of Government, and shall keep and occupy an office in
the Capitol building.
To be elect-
ed, and enter
SEC. 10.- On the first Monday in August, in the year
eighteen hundred and fifty-six, and every two years there- ondaty, waen.
after, there shall be an election held throughout this State,
*I VOL. II.
1416
SCHOOLS.
His election
to be govern-
CHAP. 1
at the places and in the manner provided, by law, for ho
ing elections, for the election, by the qualified voters of t
State, of a Superintendent of Common Schools, who sh
enter upon the duties of his office on the first Monday
January next after his election.
SEC. 11. — The election of the Superintendent of Comm
ed, by what Schools, and returns of the election, shall be governed
the general law, regulating elections of members to Congre
and he shall be commissioned by the Governor.
law.
Superintend-
ent to take an
oath and give
bond.
Who to be
commission-
ers of the
State school
fund.
Moneys of
the State
school fund,
SEC. 12. The Superintendent of Common Schools sha
before entering upon the duties of his office, take an oath
office, as other State officers, and shall give bond in the su
of at least two thousand dollars, with sufficient security,
be approved by the Governor, conditioned that he shall du
account for and pay over, according to law, all money whi
shall come to his possession or control, by virtue of his offi
and that he will duly and faithfully discharge the duties
his office.
SEC. 13.-The Governor, Attorney-General and Sup
intendent of Common Schools, shall, by virtue of their
spective offices, be commissioners of the State school fund.
SEC. 14. Whenever there shall be in the treasury
elsewhere, subject to the order of the Treasurer, any mon
when and how belonging to the capital of the State school fund, the Audit
shall make report thereof to the commissioners, who sh
direct the same to be invested in such of the public stocks.
this State, of the United States, or of the Bank of the Sta
of Missouri, as they shall deem most advantageous to t
school fund, and the Auditor shall make such investme
accordingly.
to be invested.
Certificates
of such invest-
SEC. 15.-Certificates. of stock or bonds shall be tak
ment, how for such investments, in the name of office of the Auditor,
trust for the State school fund, which trust shall be specia
expressed in every bond or certificate.
taken.
School fund,
how held by
the State; cer-
tificates shall
issue therefor.
Duties of
Auditor.
SEC. 16.— The stock now held by the State, on accou
of common-school funds, in the capital of the Bank of t
State of Missouri, is hereby declared to be held in trust f
the State school fund, and certificates of stock shall be issu
for such investment, specially expressing the trust, as specifi
in the preceding section.
SEC. 17.- All bonds or certificates of stock, in trust f
SCHOOLS.
1417
CHAP. 143.
he State school fund, shall be in charge of the Auditor, who
hall keep regular accounts thereof, and of the rates and
imes of the payment of interest and dividends, and shall,
rom time to time, certify to the Treasurer a copy of all such
ccounts not before reported to him.
SEC. 18. The Auditor may deposit such bonds and cer-
ificates of stock in the Bank of the State of Missouri, or
ny branch thereof, for safe-keeping.
SEC. 19. Whenever dividends shall be declared by the
Bank of the State of Missouri, the amount accruing on the
stock held in trust for the school fund shall be reported
by the proper officers of the Bank to the Auditor; and such
dividends, and all interest on bonds or other certificates of
such stock, shall be paid to the Treasurer, and charged to him.
by the Auditor.
Of bonds
and certifi-
cates of stock,
and the inte-
dends accru-
ing thereon.
rest and divi-
Auditor may
&c., in Bank.
deposit bonds
Dividends
thereon to be
paid to Trea-
surer.
Apportion-
school moneys
to be paid to
county trea-
SEC. 20. The State school moneys to be distributed.
shall be payable on the warrant of the Auditor, to be drawnments of State
in favor of the treasurers of the several counties, in each
year, immediately after the apportionment, required to
made by the Superintendent of Common Schools, shall be
filed in the office of the Auditor.
be
SEC. 21. After such distribution, the balance (if any)
of the income of the preceding year may be retained in the
treasury by the commissioners of the State school fund, for
future distribution.
SEC. 22. — Such balance shall be added to the dividends
declared by the Bank of the State of Missouri, for the year
preceding the annual apportionment by the Superintendent,
and distributed therewith; and if no dividends be declared
by the Bank, such balance shall constitute a fund for distri-
bution, according to the provisions of this act.
SEC. 23.—It shall be the duty of the Superintendent of
Common Schools, among other things: First, To visit the va-
rious portions of the State, and deliver public lectures upon
subjects connected with common-school education; Second,
To communicate with the commissioners of common schools
throughout the State, and aid them in collecting and dissemi-
nating information in regard to the plan and construction of
school-houses, to recommend a course of uniform instruction,
and make such recommendations for the establishment of
school-district libraries, as are deemed most expedient; Third,
suries.
Balance may
be retained in
the treasury.
Such balance
may be added
to Bank divi-
dends, or form
distributive
a
fund.
Duties of
Superintend-
ent.
1418
SCHOOLS.
Superintend-
transmit the
CHAP. 14
To devise improvements in teaching the branches of instr
tion pursued in the common schools, and for the introducti
of such other branches of useful knowledge as may be pra
ticable, and, generally, to ascertain and recommend such i
provements in the common-school system as may be consi
ent with the Constitution of the State and the welfare of
inhabitants; Fourth, To prepare and submit to the Legis
ture, at each regular session, a report showing: First, T
amount of moneys apportioned in each of the two precedi
years, and how much to each county; Second, A stateme
of the condition of the common schools of the State; Thir
All such matters relating to his office, and to common school
as he shall deem expedient to communicate.
24.-
SEC. 24. The Superintendent shall prepare suitab
ent to pre- forms and regulations for making all reports, and conducti
pare suitable
forms, and all necessary proceedings, under this act; [and] shall cau
same to offi- the same, with such instructions as he shall deem necessa
cers through- and proper for the better organization of common schools,
be transmitted to the officers required to execute the prov
sions of this act, throughout the State.
out the State.
Superintend
ent shali
cause this act,
Sгc. 25. — He shall cause as many copies of this act, wi
the forms, regulations and instructions prepared by hi
with forms, to thereto annexed, to be, from time to time, printed and dist
be printed,
when necessa-buted among the several officers and inhabitants of scho
districts, corporations and townships, as he shall deem th
public good to require.
ry.
Moneys ex-
pended by Sa-
perintendent
allowed him
by Auditor.
ent.
Salary of
SEC. 26. - All moneys reasonably expended by him i
the execution of his duties, as prescribed in the two prece
ing sections, shall, upon due proof, be allowed him by th
Auditor, and paid out of the State treasury.
SEC. 27. Such Superintendent shall receive as his con
Superiutend-pensation, an annual salary of fifteen hundred dollars, to b
paid quarter-yearly, out of the State treasury, in the sam
manner as the salaries of other State officers.
SCHOOLS.
1419
HAP. 143.
ARTICLE II.
OF COUNTY AND TOWNSHIP SCHOOL FUNDS; THE POWERS
AND DUTIES OF COUNTY OFFICERS.
1. Amount of State revenue set
apart for school moneys.
2. School moneys to be apportion-
ed, when, by whom and how.
3. Superintendent to certify the
apportionment to Auditor,
and give notice to clerk of
county court of the amount
apportioned to his county, and
the time when it may be
drawn.
4. Amount apportioned to each
county to be apportioned
among the townships thereof;
by whom and how.
5. The fund of unorganized town-
ships to be disposed of, how.
6. Fines, &c., shall be applied to
the support of the common
schools.
7. Each congressional township to
form a school township.
8. Towns having a population of
two hundred, to form a school
township, and be entitled to
its share of school moneys;
limits of a town declared.
9. When a city, town, &c., shall
not be deemed a part of a
township in which it is situ-
ate; children of organized
public schools in city of St.
Louis, &c., to have their pro-
portion of funds.
10. Fractional townships may be
attached to other townships.
11. School township subject to
county court; when divided
by county lines, what court
has jurisdiction; funds in
such townships, arising from
sale of sixteenth section, how
divided.
12. School townships to be num-
bered.
13. What moneys shall constitute
a Township School Fund,'
and what 'State School Fund'
14. Until the township is organ-
ized, interest of said fund to
be added to the principal.
15. County courts shall manage
township funds, and cause
accounts thereof to be kept.
16. Capital of township funds to
be loaned; rate of interest
regulated.
2 17. How such loan to be secured.
18. To whom loans to be made;
who may be security for such
loan.
20.
19. Duration of loans limited.
Moneys of a township, now or
hereafter organized, how to
be loaned.
21.
22.
Bonds for such loans regulated.
Mortgages for the same, how
conditioned; effect of, when
thus executed.
23. The court may require addi-
tional security, or that pay-
ment of the bond be made.
24. On failure to give such securi-
ty, or to make payment,
what proceedings shall be
had.
25. Principal and interest of school
moneys payable to county
treasurer; duplicate receipts
therefor to issue.
26. Duty of county clerk, on re-
ceipt of one of said dupli-
cates.
27. Where interest is due, a war-
rant from the court may is-
sue therefor; effect thereof.
28. Money due on school bonds,
how recoverable.
29. When recoverable in the coun-
ty court, how; when judg-
ment given therefor; effect
thereof.
30. When mortgaged premises may
be levied on and sold.
31. General duties of the county
33.
34.
court.
32. Duties of the clerk thereof.
Duty of county treasurer.
Duty of the treasurer to re-
ceive and pay out the State
school moneys of his county.
35. Shall make a report thereof
yearly to the commissioner.
36. Penalty for failure to make
such report; how recover-
able.
37. When accounts, moneys, &c.,
of a school township to be
transferred to another coun-
ty, and to whom.
38. Funds, bonds, &c., belonging
to a township, transferred to
the county court having ju-
risdiction of the township.
1420
SCHOOLS.
Amount of
State revenue
set apart for
school money.
School mo-
neys to be ap-
and by whom.
CHAP. 143
39. Expenses of securing loans to | 42. County clerk shall file notice
be paid by the borrower.
40. When a school township is or-
ganized, the interest, rents,
&c., to be set apart as "Town-
ship School Moneys."
41. The court shall apportion its
county school moneys, &c.,
and make a statement, &c.
apportionment of State schoo
moneys; certify the same t
treasurer and commissioner
43. County treasurer to apply for
and receive the same.
44. Such treasurer shall notif
commissioner of the receip
of such moneys.
SECTION 1.-Hereafter, twenty-five per centum of the
State revenue shall be, annually, set apart and become State
school moneys.
SEC. 2.-The Superintendent of Common Schools shall
portioned, in the month of May in each year, apportion the State
when, how school moneys amongst the several counties in this State, in
proportion to the number of white children therein, above
the age of five and under the age of twenty years, as shall
appear from the last annual reports.
Superintend-
ent to certify
SEC. 3.-The Superintendent shall certify each apportion-
the apportionment made by him, to the Auditor of Public Accounts, and
ment to Audit- shall give immediate notice thereof to the clerk of the county
or, and give
notice to clerk court of each county interested therein, stating the amount
of the county of moneys apportioned to his county, and the time when the
same will be made payable to the treasurer of the county.
court, &c.
Amount ap-
portioned to
each county,
tioned among
SEC. 4.The same shall be apportioned by the commis-
sioner of common schools to the different townships in the
to be appor- county, organized and unorganized, in proportion to the num-
the townships ber of children in each, between the ages of five and twenty
thereof, by years; and where the township shall have any organized
town or district, the same shall be apportioned to such town
or district, in the same manner, although a part of said town-
ship may not be organized.
whom
how.
and
Fund of un-
how.
SEC. 5.—In case any township, or part of a township,
organized shall not be organized, the school commissioner shall with-
townships to
be disposed of, hold their proportion of said fund, until they shall organize,
and the same shall be loaned out, or invested, as other school
moneys, for their use, until they shall organize, if, in his
opinion, it is practicable for them to do so, within two years;
if not, then he shall distribute the share of such township, or
part of a township, which he may deem unable to organize.
as aforesaid, as other school moneys.
Fines, &c.,
shall be ap-
plied, how.
SEC. 6.- All moneys which have been or shall be paid
into any county treasury, on account of fines, penalties or
SCHOOLS.
1421
HAP. 143.
rfeitures, shall be held and accounted for as county school
oneys, and shall be applied to the support of common
hools within such county, as hereinafter provided.
Each town-
what.
Towns hav-
ing a popula-
tion of two
hundred, to
form a school
township, and
be entitled to
SEC. 7.— Each township and fractional township, as sur-
yed under the authority of the United States, shall form ship to form,
he school township, within the meaning of this act.
SEC. 8. Every town or village, having a population of
to hundred inhabitants, shall form one school township,
ithin the meaning of this act, and shall be entitled to re-
eive the same distributive share of all State, county and
ownship school funds, according to the number of white
hildren resident therein, over the age of five and under the
ge of twenty years, in the same manner as though not
eparated from the township, or townships, in which it may
e situated; and all land laid off or sold for town lots, and
ying adjacent to said town or village, shall be held to be em-
raced within the limits of said town or village.
SEC. 9.—When the inhabitants of any city, town or vil-
age, have had a grant of lands for the use of schools therein,
by virtue of any law of the United States, such city, town or
illage, shall not be deemed a part of the township within
which it is situate, but the residue of such township shall be
deemed a fractional township, within the meaning of this act;
and the children of the organized public schools in the city
of St. Louis, and of all other cities, incorporated towns and
villages, shall have their proportionate benefits of the distri-
bution of the funds set apart by this article.
SEC. 10.-When any fractional township shall contain no
part of the sixteenth section, or shall not be entitled to any
and for school purposes, the commissioner of common schools
in the county in which such fractional township, or a greater
part thereof, is situate, may, upon the petition of a majority of
the qualified voters therein, attach it to an adjoining town-
ship in the same county, to form one school township.
SEC. 11. Each school township shall be subject to the
jurisdiction of the county court of the county in which the
same, or a greater part thereof, is situate; and if it shall hap-
pen that any township is divided into equal parts by a county
line, it shall be deemed to be within that county in which the
greater part of the sixteenth section is situated; but when
the sixteenth section of any township thus divided, is sold,
school mo-
neys; limits of
a town de-
clared.
When a city,
town, &c.,
not a part of
township in
which it is si-
tuate; chil-
dren in the
city of St.
Louis, &c., to
portion
have their pro-
funds.
of
Fractional
townships
may be at-
tached to
townships.
School town-
ships subject
to county
court; when
divided by
county lines,
what court to
have jurisdic-
tion, &c.
1422
SCHOOLS.
School town-
ships to be
numbered.
What moneys
shall consti-
CHAP. 143
the inhabitants living in that part of said township which
falls in the county not having control of the funds belonging
thereto, shall be entitled to the benefit of such fund, in pro
portion to the number of acres thus cut off; and the county
court having control of said funds shall transfer their pro
portion of the township school fund to the court of the county
in which they reside; and such fractional townships may, also
be attached to, and become a part of, any adjacent township
in their county, for school purposes.
SEC. 12. The county courts, respectively, shall number
each school township within their jurisdiction, and cause a re
cord thereof to be made and kept; and whenever, by the esta
blishment of a new county, or alteration of a county line, any
school township shall fall within the jurisdiction of a different
county, the county court of such last-mentioned county shall
alter the number so as to correspond with the numbers of
school townships in their county.
SEC. 13. - The proceeds of the sixteenth section, or other
tute a Town- lands selected in lieu thereof, the interest of such proceeds,
ship School the rents and profits of such lands, and all fines, penalties,
Fund,' and
what State forfeitures and damages, for waste, trespass or injury thereto,
School Fund.' shall constitute a "Township School Fund" for the township to
Until the
township is
fund to be
which it belongs; and all State school moneys which shall be
apportioned to any unorganized township, arising from the
interest, dividends, proceeds and profits of the "State School
Fund," shall be added to, and become part of, the township
fund for such township.
SEC. 14. Until the township to which such funds be-
organized, in- long shall be organized for school purposes, as hereinafter
terest of said provided, the accruing interest of the fund, and all rents and
added to the profits of its lands, together with all fines, penalties, forfeit-
principal.
ures and damages for waste or injury thereto, which may be
recovered, shall be added to, and form a part of, the princi-
pal of the township school fund of such township.
County
courts shall
manage town-
SEC. 15. The county courts, respectively, shall have the
care and management of the school funds of the respective
ship funds, townships within their jurisdiction, and shall cause accounts
thereof to be stated and kept, so as to show the funds of each
township separately, and the disposition thereof.
and cause ac-
counts thereof
to be kept.
Funds to be
1.00.
SEC. 16.-Whenever there shall be in the county treasury
of any county, any money belonging to the capital of a town-
SCHOOLS.
1423
AP. 143.
Rate of in-
terest regu-
How such
loan to be se-
o school fund of any township therein, the county court
any such county shall loan the same for the highest inte- lated.
t that can be obtained, not exceeding ten nor less than six
centum per annum, upon the conditions, and subject to
restrictions and limitations hereinafter provided. (a)
SEC. 17.-If the sum to be loaned shall not exceed one
ndred dollars, it may be secured by a bond of the borrower, cured.
d two or more sufficient securities joining therein as
ligors; but if the sum to be loaned exceed one hundred
llars, the court shall require, in addition to the bond and
rsonal security, as above specified, a mortgage in fee, on
al estate, free from all liens and incumbrances, within the
unty, of the value of deuble the amount of the loan; and
e court may require such mortgage in all cases, al-
ough the amount be such as might be loaned on personal
curity. (b)
SEC. 18.-No loan shall be made to any person other
an an inhabitant of the same county, nor shall any person
e accepted as security who is not, at the time, a resident
puseholder therein, of sufficient ability to pay the amount
aned, in addition to all the debts for which he is otherwise
able.
To whom
loans to be
whe
made;
may be secu-
rity for such
loan.
Duration of
SEC. 19. No loan of funds belonging to a township, not
t the time organized for school purposes, shall be made for loans limited.
longer period than one year; but where the debt is secured
y mortgage, the court may, if they deem the security suffi-
ient, from time to time, extend the time of payment of both
rincipal and interest for a year, or less, at a time, until the
ownship to which it belongs shall be organized.
SEC. 20. When a school township now is, or hereafter
hall be, organized, its funds shall be collected and loaned,
on bond or mortgage, as above specified, and not otherwise,
for a period not less than one year.
Moneys of a
township now
or hereafter
organized,
how loaned.
Bonds for
such loans re-
SEC. 21.—In all cases of loan, the bond skall be to the
county, to the use of the township to which the funds belong, gulated.
and shall specify the time when the principal is payable, the
rate of interest, and the time when payable; that in case of
default in the payment of interest, or failure by the princi-
(a) Veal v. Chariton County Court, 15 Mo. Rep., 412.
(b) Marion County v. Moffett, 15 Mo. Rep., 604.
* I 2- VOL. II.
1424
SCHOOLS.
Mortgages
for the same,
how condi
tioned; effect
of, when thus
executed.
The court
may require
payment of
CHAP. 14
pal in the bond to give additional security, when thereto la
fully required, both the principal sum and interest sha
become due and payable forthwith; and that all interest n
punctually paid shall bear interest at the same rate as t
principal.
(
SEC. 22. —Every mortgage, taken under the provisions
this act, shall be in the ordinary form of a conveyance
fee, shall recite the bond, and shall contain a condition, th
if default shall be made in the payment of the principal
interest, or any part thereof, at the times when they sha
severally become due and payable, according to the tend
and effect of the bond recited, the sheriff of the county may
without any suit on the mortgage, proceed and sell the mor
gaged premises, or any part thereof, to satisfy the principa
and interest, and to make an absolute conveyance thereof, i
fee, to the purchaser; which shall be as effectual, to all in
tents and purposes, as if such sale and conveyance wer
made by virtue of a judgment of a court of competent juris
diction foreclosing the mortgage.
SEC. 23. The county courts, respectively, shall, from
additional se- time to time, examine the bonds, mortgages and other se
curity, or that curities, on which money may be due to any township in thei
Leud be made. county, and shall make inquiry relative to the sufficiency o
the security for the payment of such moneys; and may re
quire such additional security to be given, or require the
payment of such part of the principal and interest, as they
may deem necessary for the security and interest of the
fund. (a)
On failure to
give such se-
ment, what
·
SEC. 24. If such additional security be not given, or
curity, or to payment made as required, within ten days after an order to
make pay that effect shall be made and served on the principal in the
proceedings bond, and in all cases of default in the payment of interest,
shall be had. the court shall proceed to enforce payment of both principal
and interest, by suit, or in a summary manner, as hereinafter
provided.
School mo-
to county trea-
SEC. 25.—The principal and interest on all loans shall
neys payable be paid into the county treasury of the county in which the
surer; dupli- loan is made; and when any money shall be so paid, it shall
cate receipts be the duty of the treasurer to give the person making the
to issue.
(a) See Nolly v. Callaway County Court, 11 Mo. Rep., 447.
SCHOOLS.
1425
AP. 143.
ment, duplicate receipts therefor, specifying the sum paid,
on what account.
SEC. 26. One of said receipts shall be delivered to the
rk of the county court, who shall file and preserve the
he in his office, charge the treasurer with the amount, and
dit the payment to the party on whose account it is made,
his bond and mortgage, if there be one, and shall grant
a a certificate thereof.
SEC. 27.—In all cases where interest shall become due
payable under the foregoing provisions, the county courts,
spectively, having charge of the funds to which it is due,
y cause the same to be levied of the goods, chattels, lands
d tenements of the principal and securities in the bond, by
warrant in the nature of a fieri facias, directed to the sheriff
the county, who shall proceed thereon in like manner,
d with like effect, as on a fieri facias upon a judgment of
e circuit court, except that such warrant shall be in all
ses returnable in thirty days after its date, except, also,
at such sheriff shall have power to sell, during the sitting
the county court, any property levied on by him, in virtue.
said warrant, which shall be renewable, if necessary, for
e collection of said interest or principal, or both.
SEC. 28. The principal and interest on such bonds may
recovered by action in any court of competent jurisdic-
on; and such action shall be tried immediately upon the
turn of the writ or summons, duly served; and in no case
all the decision be delayed, postponed or continued, more
an three days after the return of the original process.
SEC. 29. — If the principal sum in the bond shall not ex-
eed five hundred dollars, such principal, with the interest,
ay be recovered in the county court having charge of the
and to which it belongs, on a citation to show cause why
dgment should not be rendered on a day, to be therein
amed; and if any person liable shall be served with such
tation, ten days before the day named, and shall not show
bod cause to the contrary, judgment shall be rendered
gainst him, with like effect as a judgment of the circuit
burt in any civil action.
SEC. 30. Whenever the principal and interest, or any
art thereof, secured by mortgage, containing a power to sell,
hall become due and payable, the county court may make an
Duty of
county clerk,
one of said re-
ceipts.
on receipt of
Where inte-
rest is due, a
warrant from
the court may
issue there-
for; effect
thereof.
Money due
on school
bonds, how re-
coverable.
When reco-
verable in the
county court,
how; when
given there-
judgment
for; effect.
thereof.
When mort...
gaged premi
ses may be le--
vied on.
1426
SCHOOLS.
General du-
ties of the
CHAP. 14
order to the sheriff, reciting the debt and interest to be r
covered, and commanding him to levy the same, with cos
of the mortgaged premises, which shall be described as in th
mortgage; and a copy of such order, duly certified, being d
livered to the sheriff, shall have the effect of a fieri facias
a judgment of foreclosure by the circuit court, and shall |
proceeded on accordingly.
SEC. 31. It shall be the duty of the county court
county court. respectively, and they shall have power: First, Tor
require their clerks to keep and state all accounts with th
treasurer and all other persons, in relation to township scho
funds and moneys, and county school moneys; Second,
require all persons who shall have received any money
securities, belonging to such funds or moneys, to accou
therefor; Third, To state and settle the accounts of tl
county treasurer in relation to township school funds an
moneys; Fourth, To allow their clerk and treasurer such con
pensation for services by them rendered, in relation to scho
funds, property and money, as they shall deem reasonabl
to be paid out of the county treasury.
Duties of
the clerk
thereof.
Duty of
county trea-
gurer.
SEC. 32. It shall be the duty of the clerks of the r
spective county courts: First, To record the proceedings
their court in relation to school lands, funds and moneys, in
book, to be provided for that purpose; Second, To keep
register of school lands, in which shall be entered a descrip
tion of the lands belonging to each township, and the sale
thereof; Third, To keep regular accounts with each town
ship, and the receipts and expenditures on account of it
lands and its funds; Fourth, To keep and preserve all re
cords and books of registry and accounts, and to receive, fil
and preserve, all bonds, mortgages, securities and papers what
soever, relating to township school lands, funds and moneys
Fifth, To perform the duties hereinafter required of com
mon-school commissioner, when such office is vacant, excep
that he shall not be required to visit the schools; Sixth, T
receive all such communications as may be directed to him b
the Superintendent of Common Schools, and dispose of th
same in the manner directed therein.
SEC. 33. It shall be the duty of each county treasurer
First, To receive and safely keep all money which shall be
from time to time, paid into the treasury on account of county

SCHOOLS.
1427
HAP. 143.
hool moneys, [and] township school funds or moneys;
econd, To pay all warrants drawn by the county commis-
oner upon such funds or moneys; Third, To exhibit to the
ounty courts of the county such reports and accounts, touch-
g such funds and moneys as they shall require; Fourth, To
eep accurate accounts of all receipts and expenditures, on
ccount of the funds and moneys of each township and the
ounty school moneys.
SEC. 34. It shall be the duty of every such county trea-
urer to receive and keep an account of all State school
honeys apportioned to his county, and to pay out the
ame, according to the apportionment made by the school
ommissioner, among the several school districts within his
ounty.
SEC. 35. He shall, on the first day of October in every
ear, make out an accurate account and report of all State
honeys received and distributed during the year, ending the
lay previous to such report; which report shall be delivered.
o the school commissioner, and by him transmitted with his
nnual report to the Superintendent of Common Schools.
SEC. 36. Every county treasurer who shall neglect or
refuse to perform any of the duties enjoined on him by the
preceding section, shall forfeit the sum of fifty dollars to the
use of common schools in his county, to be recovered by the
county commissioner prosecuting in his name of office.
court
shall
SEC. 37. Whenever, by the establishment of a new
county, or change of county lines, any school township shall
fall within the jurisdiction of a different county, the
having charge of the school fund of such township
cause an account thereof to be stated, and the funds, together
with all bonds, mortgages and other securities, held to the
use of such township, shall be transferred to the county
court of the county so acquiring jurisdiction over such
township.
SEC. 38.- All moneys belonging to the capital of any
township school fund, and all bonds, mortgages and other se-
curities, held to the use of such fund, which now arc, or here-
after shall be, in the hands or possession of any school com-
missioner or other officer, shall be transferred and delivered
to the county court of the county within whose jurisdiction
He shall
receive and
pay out the
State school
county.
moneys of hig
Shall make
report there-
of yearly to
the commis-
sioner.
Penalty for
failure to
make such re-
port; how re-
coverable.
When as-
counts, mo-
neys, &c., of
a school town-
ship to be
transferred to
another coun-
ty.
Funds,
bonds, &c.,
belonging to a
township,
transferred to
the county
court having
jurisdiction of
the township.
1428
SCHOOLS.
Expenses of
securing loans
to be paid by
the borrower.
school town-
ized, the in-
terest, rents,
CHAP. 1
such township is situate, to be managed by such court
other township funds and securities.
SEC. 39. — In all cases of loans of school funds, the
pense of drawing and preparing the securities therefor,
of acknowledging and recording mortgages, including the f
of all officers for the filing, certifying or recording such m
gages and other securities, shall be paid by the borrowe
respectively.
When a SEC. 40. Whenever a school township shall be organi
ship is organ- for school purposes, according to law, the interest of its fun
the rents, issues and profits of its lands, and all fines, per
ties, forfeitures and damages recovered for trespass, waste
injury, committed on such lands, shall be set apart as "Tow
ship School Moneys," to be distributed for the support
schools in such township.
&c., to be set
apart.
The court
shall appor-
tion its coun-
neys, &c.
SEC. 41. The county court of each county shall, at
first term in every year, apportion the county school mone
ty school mo- among the several school townships of the county, and sh
ascertain the entire amount of school moneys belonging
each township, and cause their clerk to make an entry of su
amounts; and, also, to make and certify a statement of t
same to the county treasurer, and a statement, showing t
amount to be distributed among the organized townships,
the school commissioners, who shall file the same in their
spective offices.
County clerk
shall file no-
State school
SEC. 42. Whenever such clerk shall receive, from t
tice of appor- Superintendent of Common Schools, notice of the appo
tionment of ticnment of State school moneys to be distributed in t
moneys; cer- county, he shall file the same in his office, and transmit
tify the same certified copy thereof to the county treasurer, and one to t
and commis- school commissioner, who shall file the same in their
to treasurer
sioner.
treasurer to
spective offices.
County SEC. 43. The treasurer of each county shall apply f
receive the and receive the State school moneys apportioned to his count
as soon as the same shall become payable, or as soon as
shall have notice of the apportionment.
State school
moneys.
He shall no-
tify commis-
sioner of the
receipt.
SEC. 44. Each treasurer receiving such moneys sha
give notice thereof, in writing, within ten days, to the scho
commissioner, and hold the same subject to his order.
SCHOOLS.
1429
HAP. 143.
ARTICLE III.
A COMMISSIONER OF COMMON SCHOOLS, HIS APPOINT-
MENT AND DUTIES.
1. County courts to appoint a 3. Where the clerk is commis-
commissioner of common
sioner, his compensation, and
how paid.
schools, when; his tenure of
office; vacancies filled.
2. Clerk of county court may be
appointed such commission-
er; his duties declared.
4. Commissioner to take oath and
give bond.
5.
His powers and duties.
6. Salary of commissioner.
County
courts to ap-
missioner of
Common
SECTION 1.-The several county courts in this State shall,
t their November term, in the year eighteen hundred and point a com-
fty-seven, and every two years thereafter, have power to
ppoint a commissioner of common schools, who shall hold his
ffice for two years, and until his successor is appointed and
qualified, and to supply any vacancies that may occur in said
ffice, by death, resignation or otherwise.
SEC. 2.—Any county court shall have power to appoint
he clerk thereof commissioner of common schools for their
county, who, when so appointed, shall discharge all the duties
mposed by this act upon the commissioner of common schools,
except that he shall not be required to visit schools, and ex-
cept, also, so far as the said commissioner may be required
to examine and grant certificates to teachers, (which duty shall,
when said office of county commissioner is filled, as herein
provided, by the clerk of the county court, be discharged by
the trustees of the proper district,) and shall be subject to all
the provisions of this act regarding said office.
SEC. 3. When the clerk of the county court shall be
thus appointed commissioner, the county court shall allow such
clerk, for his services as commissioner, such sum or sums of
money as yearly compensation therefor, in addition to his
fees as clerk of the county court, as it shall deem reasonable,
not exceeding the compensation of a school commissioner for
such county; for which they shall draw a warrant on the
county treasurer, payable out of any money in the county
treasury, appropriated for county purposes.
SEC. 4.The commissioner of common schools, before
entering upon the duties of his office, shall take and subscribe
an oath, that he will support the Constitution of the United
States and of this State, and that he will truly, honestly and
schools, when
his tenure of
cies filled.
office; vacan-
Clerk of
county court
may be ap-
pointed such
commission-
er; his duties
declared.
Where the
clerk is com-
missioner, his
compensa-
tion, and how
paid.
Commis-
sioner to take
oath and give
bond.
1430
SCHOOLS.
His powers
and duties.
CHAP. 1
impartially, discharge the duties of his office; and he sh
also, give bond to the State of Missouri, to the use of
inhabitants of any school township or district injured b
breach thereof, with at least two responsible securities, r
dents of such county, to be approved by the county court
a sum not less than five hundred dollars, conditioned that
will pay over, according to law, all school moneys that n
come into his hands, and that he will faithfully discharge
duties of his office, and deliver to his successor all mone
books and papers, in his hands and appertaining to his offi
which bond and oath of office shall be filed in the office of
county clerk; but when the clerk of the county court sh
become commissioner, his bond shall be filed with the cour
treasurer.
SEC. 5. The duties and powers of the commissioner
common schools shall be as follows:
First, To apportion the State, county and township sch
moneys, subject to distribution among the several school
tricts of his county, according to the number of wh
children residing in each, between the ages of five a
twenty years, as shall appear from the last annual reports
the trustees; and, also, to apportion, in the same mann
State and county school moneys, subject to distributio
among the several school corporations in his county;
Second, To draw his warrant, payable to the order of t
president of the board of trustees or board of directors,
the county treasurer, for the sum apportioned to each scho
district or corporation, stating in the warrant the amount
be paid from State, county or township funds;
Third, To visit and inspect every district school in I
county, at least once during the year; inquire into the regul
tion and discipline thereof, and the proficiency of the scholar
direct the general course of instruction, as the same may
prescribed by the Superintendent of Common Schools; a
make such suggestions to the trustees and teachers, in rel
tion to the management of schools, plan of school-houses, a
such other matters and things as he may deem useful;
Fourth, To examine all candidates proposing to teach
district school in the county, who shall produce satisfactor
evidence that they sustain a good moral character. He sha
examine such candidates in spelling, reading, writing, Englis
SCHOOLS.
1431
HAP. 143.
rammar, geography, history, arithmetic, and other branches.
sually taught in public schools, and particularly in the
chool for which such persons are examined; and, also, as to
is or her capacity for government and discipline of such
chool; and if, on examination, such persons are found com-
etent, he shall grant a certificate of the branches he or she
qualified to teach, which certificate he shall have power to
evoke. Each candidate receiving such certificate shall pay
o the commissioner one dollar therefor, which certificate shall
ot be valid for more than one year, without the approval of
he school commissioner endorsed thereon; and for each en-
orsement the applicant shall pay one dollar. The Commis-
ioner for St. Louis county shall hold his office in the city of
St. Louis, and shall have power to appoint a suitable person
o examine teachers when he may be absent; but no such
person shall receive pay for his services from the school fund;
Fifth, To make a record of all his official acts in a book
provided therefor, and file all papers pertaining to the busi-
ness of his office, subject to the inspection of any one in-
terested in common schools in the county;
Sixth, To sue for and recover, by his name of office, the
title to any school lands belonging to his county; also, all
fines, penalties, forfeitures and damages, for waste, trespass
or injury, committed on the school lands of such county,
and, after deducting costs and expenses, pay into the county
treasury the amount recovered, taking duplicate receipts from
the treasurer, one of which he shall file with the clerk of the
county court, and the other with the papers of his office;
Seventh, To number all the school districts of his county,
and file a copy of such school districts, duly numbered, with
the clerk of the county court, to be by him kept for the use
and inspection of all concerned;
Eighth, To ascertain the whole number of white children
over five and under twenty years of age, in each congressional
township in his county, and to appoint some suitable person
in each unorganized school township in his county, whose
duty it shall be to make report to said commissioner, as is
required by the ninth subdivision of section four of article
five of this act;
Ninth, To make and transmit to the State Superintendent
of Common Schools, on or before the first day of December,
*K VOL. II.
1432
SCHOOLS.
Salary of
commis-
ioner.
CHAP. 14
eighteen hundred and fifty-six, and at the same period i
each year thereafter, a report, showing the number of o
ganized school townships and school districts in his county
the number of white children residing in each of such tow
ships and districts; also, the whole number of white childre
in the county, over the age of five years and under twenty
the number of teachers employed, distinguishing how man
are males, and how many, females; the amount of mone
paid for teachers' wages, and what portion thereof was de
rived from the common-school fund; the length of tim
schools have been taught in each district; the general cond
tion of the schools; and such other information as may be re
quired by the State Superintendent.
SEC. 6.- Every commissioner of common schools shall b
paid for his services, a sum, in the discretion of the count
court of his county, not exceeding two dollars per day; Pro
vided, the number of days shall not exceed one hundred pe
year, except for the county of St. Louis, where it shall no
exceed three dollars per day, for the time actually employe
in the discharge of the duties herein required; a statemen
of which he shall make out, verify by affidavit, and presen
to the county court of his county, who shall draw a warran
for the amount allowed, on the county treasurer, payable ou
of any money appropriated for county purposes in th
treasury.
Districts now
established to
remain, unless
altered, &c.
ARTICLE IV.
OF THE ORGANIZATION OF SCHOOL TOWNSHIPS AND DISTRICTS
1. Districts now established to re- |
main, unless altered, &c.
2. School townships, how to be
organized
3. Qualification of voters.
4. Power of voters when assem-
bled.
5. Meeting of township, for the
purpose of changing district,
how called, and when.
6. Township divided into more
than one district, duty of
commissioner.
7. Power of district meetings.
8. Inhabitants of a neighborhoo
in different townships or coun
ties, desiring to be forme
into a district, proceedings
9. When district deemed organ
ized; trustees elected.
10. Duty of trustees in such dis
trict.
11. Construction of three preced
ing sections not to affect a
organized district, unless
majority, &c.
SECTION 1.The school districts in the several townships
in this State shall remain as now established, by law, unless
altered as hereinafter provided.
SCHOOLS.
1433
AP. 143.
any
School town-
ships, how or-
SEC. 2.-Whenever ten or more of the inhabitants of
organized township, qualified to vote therein, shall petition ganized.
e commissioner of common schools of the county in which
township is situated, praying for organization for school
rposes, and proposing therein a time and place for a town-
ip meeting, the commissioner shall write out four notices in
cordance with such petition, stating the time, place and
rposes of such meeting, and deliver them to a qualified voter
such township, who shall post them up in so many of the
ost public places in said township, at least ten days before
e day fixed for such meeting. When the qualified voters
such township shall have assembled and laid off their
wnship into one or more school districts, the same shall be
nsidered organized according to law.
Qualification
of voters un-
SEC. 3.A qualified voter, in the meaning of this act,
all be a free white male person, over the age of twenty-one der this act.
ears, and a resident freeholder or householder in the town-
ip where he offers to vote, or shall have been assessed the
me year, or the preceding year, to pay taxes therein, or
all have charge as a parent or guardian residing therein,
as a master of an apprentice. (a)
Power of
voters when
SEC. 4.The qualified voters of a township, when legally
ssembled, shall have power: First, To appoint a chairman assembled.
the meeting, and, also, a clerk who shall write out the
roceedings, and deliver a copy thereof to the commissioner,
ithin ten days thereafter; Second, To adjourn, from time to
me, at their pleasure; Third, To lay off the township, by a
ajority of the voters present, into any number of districts,
ot exceeding four, unless the whole number of children re-
ding in such township between the ages of five and twenty
ears, shall exceed two hundred; but when a township is laid
f into four districts, no additional district shall be organ-
zed within said township which shall, at the time of its pro-
osed organization, contain less than forty children resident.
herein between the ages of five and twenty years, or which
hall, by its organization, reduce the number of children of
chool-age, in any district already organized, below the num-
er of forty; Fourth, In case it should be determined to form.
ut one school district out of the township, it shall be lawful
(a) See, section nine of article eight of this act.
1434
SCHOOLS.
CHAP. 14
Meeting for
changing dis-
for said meeting to resolve itself into a school-district me
ing, with all the powers hereinafter provided for distr
meetings.
SEC. 5. A meeting of any organized township may
purpose of called at any time, for the purpose of changing its scho
trict, how districts, in the manner provided for unorganized townshi
in section two of this article.
called, and
when.
Township di-
vided into
more than one
of commis-
gioner.
SEC. 6. If the inhabitants of any township, legally
sembled lay off such township into more than one distri
district, duty or change the districts already laid off, the commissioner
common schools shall, immediately upon the receipt of t
proceedings furnished him by the clerk of said meeting, fix
time and place of meeting in each of such districts, for t
inhabitants thereof, and cause notice to be given, as provid
in section two of this article.
Power of
district meet-
ings.
SEC. 7. District meetings, when assembled, shall ha
power: First, To select a chairman, and, also, a clerk w
shall keep a minute of the proceedings, [and] certify and d
liver the same to the commissioner of common schools with
ten days thereafter; Second, To elect a board of trustees, co
sisting of three qualified voters of the district, and to supp
any vacancies which may occur therein by resignation
otherwise; Third, To raise money by a majority of the qu
lified voters comprising the school district, for the purpos
of erecting or purchasing school-houses, sites for buildin
school-houses on, and for yards and play-grounds; and, als
for purchasing a library, utensils, black-boards, globes, maj
and other useful apparatus; for providing water, by means o
wells or otherwise, with necessary conveniences for the healt
and comfort of the scholars and teachers; with power to se
or dispose of such property, whenever it may become nece
sary to do so; Fourth, To determine where the school hous
or houses shall be built in said district; Fifth, To adjourn t
any period not more than ten days; Sixth, To require the
trustees to divide the school moneys into equal portions, on
of which shall be used in paying teachers' wages in the sprin
and summer months, and the other portion in paying teach
Inhabitants ers' wages in the fall and winter months.
in different
townships or
SEC. 8. Whenever the inhabitants in any neighborhood
Counties, to be situated in two or more townships, or in different counties
district. desire to be formed into one district, or to be attached to
formed into a
SCHOOLS.
1435
AP. 143.
trict in an adjoining township, they shall make application Proceedings.
the school commissioner in the county in which they re-
e, describing the metes and bounds of such newly-pro-
sed district, or the portion to be attached to an adjoining
strict; and, upon such application, the school commissioner
all fix a time and place for a meeting of the inhabitants
king such application, and shall make the same public, as
ovided for other school meetings.
SEC. 9. If a majority of the qualified voters present on
ch an occasion, consent to such organization or attachment,
shall be considered organized or attached according to
w; the qualified voters so assembled shall clect one or more
ustees, and the trustees so elected shall constitute a board
trustees for said district, until their annual meeting, and
hall be governed by the school law, as in other cases
rovided.
District
deemed or-
ganized
when; trus-
tees elected.
district.
SEC. 10.— The trustees of said district shall, in making Duty of trus-
ut their report to the school commissioner, state the number tees in such
fchildren in each township, and report the same to the
ommissioner in the county in which they reside; said com-
issioner shall draw his warrant, payable to the order of the
resident of the board of trustees in said district.
SEC. 11. The three last preceding sections shall not be
o construed as to affect any organized district, unless a ma-
brity of the qualified voters present at a district meeting
hall consent to such alteration.
ARTICLE V.
F THE ELECTION OF SCHOOL TRUSTEES, THEIR POWERS AND
DUTIES.
1. Trustees of school districts, by | 4. Powers and duties of the board
whom and when elected.
Construction
of three last
sections.
of trustees.
2. Such trustees to take an oath;
to be filed with the clerk.
3. Board of trustees a body cor-
porate; capacity of board.
5.
Trustees to give bond, for
whose use; condition of bond.
6.
School year, when to commence;
school moneys, how applied.
SECTION 1.— The qualified voters in each school district
established by law, shall,. on the first Saturday in December,
eighteen hundred and fifty-six, and annually thereafter, as-
semble at the usual place of meeting for the district, and
elect three trustees, who shall hold their office until their
Trustees of
school dis-
tricts, by
whom and
when elected.
1436
SCHOOLS.
Such trus-
tees to take an
oath; oath to
be filed with
the clerk.
CHAP. 14
successors are elected and qualified; and in case of a t
the choice shall be determined by lot.
SEC. 2.- The trustees so elected shall, within ten da
after the election, take and subscribe an oath, truly, honest
and impartially to discharge the duties of their office, whi
oath of office shall be filed with the clerk of the county cou
SEC. 3.— Each board of trustees shall be a body corp
body corpo- rate, with powers to sue and be sued, to hold in their corp
rate; capacity rate capacity any estate, real or personal, for the purpose
supporting a school or schools in their district, and to app
the same agreeably to the provisions of this act.
Board of
trustees a
of such board.
Powers and
duties of the
tees.
SEC. 4. Their powers and duties shall be, as follow
board of trus- First, To select, within thirty days after their election, or
of their number as president of the board, who shall act
clerk, and keep a record of all their proceedings in a bo
provided for that purpose, to be paid for out of the distri
school funds; which, together with the papers and moneys
his hands, he shall deliver to his successor in office, withi
ten days after his election and qualification; Second, To cor
tract with and employ teachers; Third, To expel any pup
for improper conduct, when satisfied the best interest of th
school requires it; Fourth, To call special meetings of th
inhabitants of the district, whenever a majority of the boar
deem it necessary, and to give notice of such meeting, by th
president posting up, at three of the most public places in th
district, written notices of the time, place and object of th
meeting, ten days previous thereto; but no tax shall be levie
at such meeting, unless a majority of the qualified voters o
the district shall vote such tax; and in case of a failure o
such majority to attend such meeting, then on the petition
in writing, signed by a majority of the qualified voters of th
district, setting forth the fact that it is desired at such meet
ing to levy a tax, it shall be the duty of the board of trustee
to call, in the manner above provided, another meeting, and
a majority of the qualified voters attending said meeting
shall have power to levy a tax; Fifth, To have the care of
the school-houses and other property belonging to the dis
trict, and to recover damages for waste, trespass and other
injuries thereto; to purchase property, and to make such im
provements, alterations or disposition of the same, as the
SCHOOLS.
1437
HAP. 143.
ualified voters of the district may direct; to assess the taxes
Further
powers and
tees.
all taxable property, real and personal, in their district, duties of the
ateably, so as to raise the amount ordered by the inhabitants board of trus-
f their district, with five per cent. added thereto for col-
ctor's fees, within thirty days after such money shall be
oted to be raised; and, in making out such tax-list, [they]
hall be governed by the last assessment for State purposes,
hen the same can be ascertained; Seventh, To make their
arrants in due form of law, directed to the constable of their
unicipal township, requiring and empowering said constable
o collect the tax so assessed, and pay the same within thirty
ays from the date of such warrant, to the president of the
oard; Eighth, To renew such warrant in respect to any de-
nquent, by endorsement thereon; Ninth, To make out and
eliver to the commissioner of common schools, or, in case
uch office is vacant, to the clerk of the county court, on or
before the first day of October in each year, a report, in
writing, dated on the first day of September in said year,
howing the whole number of white children in their district,
ver the age of five, and under twenty years; the number
aught during the last year; the length of time a school has
been taught, and whether by male or female teachers; the
mount of money paid for teachers' wages, and what por-
ion thereof was drawn from public moneys; and such other
nformation as may be required by the commissioner of com-
mon schools for said county; Tenth, To exempt from the
payment of teachers' wages, and rate-bills for rent, fuel, &c.,
such indigent persons in their respective districts as they
shall think proper; to certify such exemption, and deliver
the certificate thereof to the clerk of the board of trustees of
the proper district, to be kept on file in his office; Eleventh,
To ascertain, by an examination of the school registers kept
by teachers, as provided in section two of article six, the
number of days for which each person not so exempted shall
be liable to pay for instruction, and the amount payable by
each person; Twelfth, To make out a rate-bill, containing
the name of each person patronizing such school, and not
exempted as above provided, and the amount for which such
person is liable, adding thereto five cents on each dollar for
collector's fees, and to annex thereto a warrant for the
1438
SCHOOLS.
Trustees to
CHAP. 14
collection thereof, directed to the constable of the township
whose duty it shall be to receive and collect the same.
SEC. 5. Each trustee, before he receives any money from
give bond, for his predecessor, or the treasurer, shall exccute a bond, wit
condition of security, to be approved by the county court, or, if filed i
whose use;
such bond.
School year,
when to com-
vacation, by the county clerk of the county, to the use of th
inhabitants of his district, conditioned that he will pay ove
according to law, all school moneys that may come into h
hands, and that he will faithfully discharge the duties of h
office, and deliver to his successor all moneys, books an
papers, in his hands, appertaining to his office, which bon
shall be filed in the office of the county clerk.
SEC. 6. — The school year shall commence on the firs
mence; school Saturday of December in each year, and the school fund
moneys, how drawn in that year shall be applied to the payment o
applied.
teachers' wages incurred in such year. The residue, if any
shall be applied to the payment of like wages for past schoo
years; and if there should be no such unpaid dues, then t
the payment of such wages for the ensuing school year.
Teachers
ARTICLE VI.
DUTIES OF TEACHERS.
3 1. Teachers shall produce certi- | 3. Teachers shall impress upo
ficate.
2. Duty of teacher; teacher to
file register of school before
being paid.
the minds of the children th
principles of morality an
justice, and a sacred regar
to truth.
SECTION 1.—Every teacher, before being employed by
shall produce any board of trustees, shall obtain and produce a certificate
as required by this act.
certificate.
Duty of
teacher;
register of
school before
being paid.
SEC. 2.—It shall be the duty of every teacher, when em
teacher to file ployed, to keep a school register, containing the names of al
the scholars who enter the school, their ages, the date of each
scholar's entrance, and the time he or she leaves school, the
number of days of each scholar's attendance, the length o
time the school has been taught, the teacher's wages, a list o
text-books used, and such other facts as may be required by
the commissioner of common schools, or the trustees; which
register shall, at all times, be open to the inspection of said
officers, and the patrons of the school. No teacher shall be
SCHOOLS.
1439
7
JAP. 143.
What teach-
titled to pay, for his or her services, until the register for
s or her school, properly filled up, completed and signed,
all be deposited with the president of the board of trustees.
SEC. 3. All teachers, employed under this act, shall use
eir best endeavors to impress on the minds of the children
mmitted to their care and instruction, the principles of minds of the
orality and justice, and a sacred regard to truth.
ARTICLE VII.
MISCELLANEOUS PROVISIONS.
1. School district lying in more 3 6. Appeals lie from the district
than one township, constable
of either to collect the whole
tax levied.
2. Persons refusing to pay, con-
stable to levy and sell goods,
&c.
3. Township school moneys, how
apportioned to districts lying
in different townships.
4. School moneys, how appor-
tioned among districts situ-
ated in more than one town-
ship.
5. During a vacancy in the office
of commissioner, trustees to
give teacher certificate, &c.
trustees to the commissioner,
when.
7. Debts due any school fund shall
have priority over
debts.
other
8. Proceedings to collect amounts
due on rate-bills; duties of
constable, trustees and coun-
ty courts; lands liable for
certain assessments.
9. Liability of constable and his
securities, when; suits
against them may be insti-
tuted, how.
10. The English language to be
taught.
SECTION 1.-When a school district lies in more than one
municipal township, the constable of either such municipal
township shall have power to collect the whole tax levied in
such school district.
ers shall im-
press upon the
children.
What con-
stable to col-
tax levied.
lect the whole
Persons ro-
fusing to pay,
constable to
goods, &c.
Township
mo-
how ap-
SEC. 2.-In case any person refuse to pay his or her lia-
bilities, under the provisions of this act, upon demand of the
constable, he shall have power to levy on the goods and chat- levy and sell
tels of such delinquent, and sell the same, in the same man-
ner as provided for executions issued by justices of the peace.
SEC. 3. The patrons of every district school shall be lia-
ble to furnish fuel and other things necessary for the comfort
of the school, which may not be provided for by district
meetings; and if any one refuse to furnish such articles after
due notice from one of the trustees, it shall be the duty of
the trustees to provide the same, and have the amount, with
costs, collected of the person or persons thus liable, in the
same manner as is provided in the seventh subdivision of sec-
tion four of fifth article of this act.
neys,
school
portioned to
d.stricts lying
in different
townships.
School mo-
SEC. 4. In apportioning township school moneys among neys, how.
*K 2-VOL. II.
1440
SCHOOLS.
During a
vacancy in the
trustees to
CHAP. 14
districts situated in more than one township, the amount sh
be made up of the sums due each child residing and entitl
to distribution therein, by virtue of their location in each
such townships; And, provided, A child or the children
any school formed under this act, may join and be admitt
to any school located in a district adjacent to the district
which said child or children may reside, the consent of
majority of the trustees of both districts being obtaine
thereto; and in case of a disagreement between the truste
of the districts in which said child or children may resid
and those of the district in which the school is situated, tl
county commissioner shall determine the same by his castin
vote: Provided, further, That the school to which such chil
or children may be thus added, shall be entitled to the distr
butive share of the school fund, due to said child or childre
accruing in the district in which said child or children ma
reside.
SEC. 5.-If, at any time, the office of school commissione
office of com- is vacant, so that an applicant to teach in any district canno
missioner, procure the certificate required in this act, the trustees o
give teacher such district shall be authorized and required to examine sue
certificate; to applicant, and if satisfied that he or she possess the quali
fications required, by law, to teach, they, or a majority o
them, may give him a certificate, [which] shall be valid unti
such vacancy of commissioner is filled, and no longer.
be valid, how
long.
Appeals lie
from the dis-
SEC. 6. Any persons who may consider themselves ag
trict trustees grieved by any action of school district trustees, pertaining
to the com- to the duties of their office, may appeal to the commissione
of common schools, whose decision shall be final.
missioner.
Debts due
any school
over other
debts.
SEC. 7.—In case any officer or other person, indebted of
fund shall accountable for any money or property due or belonging to
have priority the State, or any township or district, on account of any
school fund or income thereof, shall die, become insolvent or
bankrupt, or shall make a general assignment of his property
and effects, the debt or amount so due [and] to be accounted
for, shall have priority over other debts, and shall be first paid
SEC. 8.-It shall be the duty of the constable of each
rate-bills; township to whom a warrant or rate-bill shall be directed, to
duties of con- proceed to collect the amount due thereon from the persons
against whom such warrants or rate-bills have been issued,
and, upon failure on the part of such persons to pay the
Proceedings
to collect
stable, trus-
tees and coun-
ty courts.
SCHOOLS.
1441
HAP. 143.
mount so due, to levy upon the personal property of the
erson so failing or refusing to pay the amount so due; and
he said constable shall proceed to sell the same, as is pro-
ided in the law regulating sales by constables; and, upon
ailure to find any personal property of the person so failing
o pay said amount, or a sufficient amount of such personal
roperty as will satisfy and discharge said warrant or rate-
ill, it shall be the duty of said constable to certify the facts
o the trustees of the proper district. Upon receiving such
ertificate, it shall be the duty of the trustees to make to the
ounty court a return of the real estate (if any) situated
within their district, belonging to the person or persons so
ailing to pay the amount due on such warrant or rate-bill;
whereupon, the county court shall deliver the same to the
county collector, who shall make return of the same, as in
ther cases of delinquent lands, and the county court shall
hereupon draw a warrant upon the county treasurer, in favor
of the president of the board of trustees of the proper dis-
rict, for the amount so due upon said unpaid warrants or
rate-bills; and the said delinquent lands so returned shall be
iable in the same manner as is provided in the case of other
delinquent lands, returnable for the non-payment of taxes
under the laws of this State.
Liability of
constable and
his securities,
when;
suita
against them
may be insti-
SEC. 9.-Every constable receiving a warrant or a rate-
bill, for the collection of any money, as provided in this act,
shall, with his securities, be liable to the proper district for
any failure to execute or return such warrant or rate-bill,
according to the requirement thereof, in the same manner tuted, how.
and to the same extent as though such warrant were an exe-
cution issued by a justice of the peace, and received by such
constable; and suit to enforce such liabilities may be main-
tained by the trustees of the proper districts, in their name
of office.
The English
language to be
SEC. 10.- The English language, and its rudiments, shall
be taught in all schools organized and kept up under this act. taught.
1442
SCHOOLS.
СНАР. 14:
Certain
grants from
the
ARTICLE VIII.
OF SCHOOL CORPORATIONS IN TOWNS AND VILLAGES.
31. Certain grants from the United |
States to towns, &c., declared
a school fund, and to be ap-
propriated as such.
2. Said towns may be incorporated
for school purposes.
3. Incorporation to be effected by
order of the county court.
4. Effect of such order.
5. Corporate powers vested in a
board of school directors;
number thereof regulated.
6. First directors appointed, and
the time and place of meet-
ing fixed by the court.
directors, how
7. Subsequent
chosen.
8. Term of office of directors.
9. Qualification of voters at an
election of directors; penalty.
for giving an illegal vote.
10. Qualification of directors.
11. Board of directors shall ap-
point a clerk and treasurer
of their number.
12. Directors and officers shall take
an oath.
13. Vacancy in office of directors,
how supplied.
14. Board to appoint judges of
elections for directors.
15. Notice of elections, how given.
16. If judges appointed fail to at-
tend, the voters present may
appoint other judges.
17. Clerk of election to be ap-
pointed; his duty.
18. Polls kept open, how long;
votes, how given.
19. In case of a tie, election, how
determined.
20. In case of a failure to elect,
election shall be held on
some other day.
21. Powers and duties of the board
of directors.
22.
23.
Sales and leases of real esta
limited and regulated.
Loans of money limited an
regulated.
24. When directors shall not pu
chase property, sold und
mortgage to them.
25. Qualifications of teachers.
26. The execution and direction.
a warrant to a rate-bill.
27. The treasurer of the scho
corporation shall give bond
condition.
28.
29.
Powers of the board.
Duty of board to make annua
report; what the same sha
state.
30. Directors failing to make re
port; duty of commissioner
31. Any person aggrieved at th
action or decision of the di
rectors, may appeal to th
superintendent.
32. St. Ferdinand township, in St
Louis county, may be incom
porated, how; what rights
acquires thereby.
33. Upon the organization of suc
corporations, the trustees t
pay the directors all money
and deliver bonds, &c.
34. Any trustee neglecting to com
ply with preceding sectie
shall forfeit, &c.
35. The board of president and di
rectors of the St Louis pub
lic schools may be veste
with powers, &c., under thi
act, how.
36. The county court of St. Loui
county may make an order
declaring said corporation
subject to certain sections o
this act; effect thereof.
37. Certain special acts continued
in force.
SECTION 1. The lands and lots granted by the United
United States to the inhabitants of the several towns and villages
States to mentioned in the first section of an act of Congress entitled
towns, &c.,
declared a "An act making further provisions for settling the claims to
school fund.
land in the Territory of Missouri," passed the thirteenth of
June, eighteen hundred and twelve, for the use of schools,
shall remain a continual fund, the interest and income of
SCHOOLS.
1443
HAP. 143.
hich shall be inviolably appropriated to the support of com-
on schools in the said towns and villages, respectively.
SEC. 2. The inhabitants of any such town or village,
ot heretofore incorporated for school purposes, may be in-
orporated for such purpose in the manner hereinafter
rovided.
SEC. 3. Upon the petition of a majority of the taxable.
habitants of any town or village, to the county court of
heir county, praying to be incorporated for school purposes,
uch court may make an order for their incorporation, de-
ignating in such order the metes and bounds of the cor-
oration.
Said towns
may be incor-
school pur-
porated for
poses.
Incorpora-
tion to be ef-
fected by or-
der of the
county court.
Effect of
SEC. 4. When such order shall be made, the inhabitants.
ithin the boundaries therein designated shall be a body such order.
politic and corporate, by the name of the school directors,
of the town or village incorporated,) and by that name they
nd their successors shall be known in law, have perpetual
uccessior, may sue and be sued, complain and defend, in al
courts of law and equity; may take, hold and purchase, real
nd personal estate, and sell or dispose of the same, subject
o the restrictions and limitations hereinafter provided; may
have and use a common seal, and alter the same at pleasure.
SEC. 5.The corporate powers of such town or village,
for the purposes herein declared, shall be vested in a board
of school directors, to consist of not less than five, nor more
han nine directors, to be determined by the court, and spe-
cified in the order of such incorporation; which number may
be changed by an order of the court, as the convenience of
the inhabitants may require, so that the number be within
he limits herein specified.
SEC. 6. The first directors shall be appointed by the
county court making the order of incorporation; and such
court shall, at the same time, fix the time and place for the
first meeting of the directors, which shall be within twenty
days after the making the order of incorporation.
Corporate
powers vested
in a board of
school direct-
thereof regu-
ors; number
lated.
ors
First direct-
appoint-
ed; time and
place of meet-
the court.
ing fixed by
Subsequent
how chosen.
directors
SEC. 7. All school directors (except the first) shall be
chosen by the qualified electors residing within the limits of
the corporation, on the first Monday of October in each year.
SEC. 8. All school directors, including the first, shall
continue in office until the next annual election, and until fice of diret
their successors are duly chosen and qualified.
ors.
Term of of-
1444
SCHOOLS.
Qualification
of voters at an
election of di-
rectors; pe-
nalty for giv-
ing an illegal
wote.
Qualification
of directors.
Officers ap-
pointed.
Directors
and officers
CHAP. 14
SEC. 9. No person shall vote at any election of scho
directors, unless he is a free white male person, above th
age of twenty-one years, and shall, at the time of voting, b
a resident within the limits of the corporation, and shal
moreover, be either a freeholder or householder therein, o
shall have been assessed the same year, or the precedin
year, to pay taxes therein, or shall have charge, as parent o
guardian, of a white child or children, between the age of fiv
and twenty years, or shall have such charge, as master of a
apprentice therein; and every person not so qualified wh
shall vote at any such election, shall, for every such offence
forfeit a sum not exceeding five dollars.
SEC. 10.-No person shall be a school director who sha
not be a citizen of the United States, and a resident house
holder within the limits of the corporation one whole yea
next preceding his election, and otherwise qualified as a vote
therein.
SEC. 11. Each board of school directors shall have powe
to appoint a clerk and treasurer from among their number.
SEC. 12.-Every director or other officer of the corpora
shall take an tion shall, before entering upon the duties of his office, take
an oath to support the Constitution of the United States, and
of this State, and demean himself honestly, faithfully and
impartially in his office.
..ath.
Vacancy in
office of di-
rectors, how
SEC. 13. - Any vacancy happening in the office of
school director may be supplied by the remaining directors
supplied. or a majority of them, until the next annual election.
Board to ap-
point judges
SEC. 14. Each board of school directors shall, as ofter
of elections as may be necessary, appoint three qualified voters to be judges
for directors. of elections, to superintend elections for directors.
Notice of
elections, how
given.
Judges fail-
ing to attend,
others ap-
pointed.
Clerk of elec-
tion appoint-
ed.
SEC. 15. Such judges of elections shall give notice of
the time and place of election, by written or printed notices
put up at six or more public places, within the limits of the
corporation, and, also, by publication in some newspaper (i
there be one) published therein, not less than ten, nor more
than twenty days before the election.
SEC. 16.-If, on the day appointed for holding any elec
tion, any of the judges shall fail to attend, the electors
present may appoint a judge or judges of election, who shall
possess the qualifications of voters.
SEC. 17. The judges of election shall appoint a clerk to
SCHOOLS.
1445
AP. 143.
ister the names of voters, and those whose votes are
ected.
Polls kept
open; votes,
SEC. 18.-The polls shall be opened, and kept open from
ht o'clock in the forenoon until sunset of the same day; how given.
d the votes shall be given by ballot.
SEC. 19.-In case of a tie between two or more persons,
election shall be determined by the directors then in
ice.
Ties, how
determined.
Failing to
elect, election
SEC. 20.-In case of failure of any election of directors,
majority of the directors then in office may cause an elec- held, when.
n to be held on any other day.
SEC. 21.-Every such board of school directors shall have
wer, and it shall be their duty: First, To take and hold
e lots and lands belonging to the inhabitants of their town
village, for the use of schools; Second, To lease such lands
d lots, from time to time, for such term, not exceeding
enty years, upon such terms and conditions as they may
em expedient; Third, To sell and convey such lands and
ts, or to lease the same for a longer period than twenty
ars, under the restrictions and limitations hereinafter pro-
led; Fourth, To invest the rents and profits of lands and
ts, and proceeds of sales, in loans, secured by bond and mort-
ge upon unincumbered and real property within the town
village, of the value of double the amount loaned; Fifth,
purchase the property so mortgaged, upon foreclosure or
le under the mortgage, and to hold and convey such pro-
rty, whenever it shall become necessary; Sixth, To reloan
e amount of such loans unpaid, and all other moneys be-
nging to the principal of their fund, upon like security;
venth, To apply the rents and profits of lands, and interest
the proceeds of sales, and other income of any permanent
nd, which shall be denominated "Town or village school
oneys," to the support of common schools within the town
village; Eighth, To keep a just and true account of sales,
d the proceeds thereof, of lands and interest thereon, of
ases and rents, and of all expenditures and appropriations
money; Ninth, To determine the number of common
hools to be kept; to designate, and lease or purchase, sites
r school-houses; Tenth, To build, hire or purchase, school-
uses, and keep in repair, and furnish the same with fuel,
Powers and
duties of the
board of di-
rectors.
1446
SCHOOLS.
powers and
duties of the
board of di-
rectors.
CHAP. 1
Further furniture and necessary appendages; Eleventh, To approp
ate and apply such part of the town or village school mone
as may be necessary to the purchase or lease of sites
school-houses, to the building, hiring, keeping in repair, a
furnishing school-houses with fuel, furniture and appendag
Twelfth, To contract with and employ all teachers of co
mon schools, within their jurisdiction; Thirteenth, To p
the wages of such teachers, when qualified, out of the St.
and county school moneys, apportioned and paid to them, a
their own town or village school moneys, so far as su
moneys shall be sufficient for that purpose, and to collect
residue of such wages, excepting such as may have been c
lected by the teachers, from all persons liable therefor; Fo
teenth, To divide the school moneys into not exceeding fo
portions for each year; to assign and apply one of such p
tions to each quarter or term during which a school shall
kept; and to collect the residue of such wages, not paid,
the proportion of such moneys allotted for that purpose, fr
the persons liable therefor, as above provided; Fifteenth,
exempt from the payment of teachers' wages such indige
persons, within the town or village, as they shall think p
per; Sixteenth, To certify such exemption, and deliver t
certificate thereof to their clerk, to be kept on file in
office; Seventeenth, To ascertain, by examination of t
school-lists kept by such teachers, the number of schola
and the number of days for which each person not so e
empt shall be liable to pay for instruction, and the amou
payable by each person; Eighteenth, To make out a ra
bill, containing the name of each person so liable, and t
amount for which he is liable, adding thereto five cents
each dollar of the sum due from him, for collector's fees, a
to annex thereto a warrant for the collection thereof, and
liver such rate-bill, with the warrant annexed, to the c
lector; Nineteenth, To keep suitable books and accounts.
all matters relating to the management of school funds a
property, and of the receipts, appropriations and expen
tures of all moneys under their care and management; whi
books shall be open to the inspection of the inhabitants of t
town or village, at all reasonable hours; Twentieth, To ma
a'l needful rules and regulations for carrying into efect th
SCHOOLS.
1447
HAP. 143.
rporate powers, and for the government of their officers, not
consistent with the Constitution and laws of this State.
SEC. 22. No real estate shall be sold or leased for a
nger period than twenty years, except at public auction, in
he same manner and upon the like notice as is required in
ales of real estate, by a sheriff, on execution; but such sale
ay be conducted by any competent person, and may be on
uch credit as the school directors shall deem most beneficial
o their school fund.
SEC. 23. No loan of money shall be made by the di-
ectors for a longer period than five years at one time; and
11 loans shall be made by [upon] the like terms and the like
ecurities, as in the case of a loan of township school funds, by
he county court, upon bond and mortgage; and the bonds.
and mortgages shall be in the form, and shall have the same
effect, and may be proceeded on in the same manner, as in
cases of loans by the county court.
SEC. 24. The directors shall not purchase property sold.
under a mortgage to them, if there shall be no other bidders
to the full amount of the debt and interest, secured by the
mortgage, with costs.
Sales and
leases of real
and regulated.
estate limited
Loans of mo-
ney limited
and regulated.
When direct-
ors shall not
purchase pro-
perty.
ers.
Qualifica-
SEC. 25. No teacher shall be deemed a qualified teacher
within the meaning of this act, who shall not have received, tions of teach-
and shall not then hold, a certificate of qualification, dated
within one year, from the commissioner of schools, within
the county where such corporation is situated.
SEC. 26.—The warrant annexed to a rate-bill shall be
under the hands of the directors, or a majority of them, or
under the hand of the clerk and the corporate seal, and shall
be directed to the constable of the municipal township in
which such corporation lies, and command him to collect from
every person in such rate-bill the sum therein set opposite to
his name, and, in case such person shall not pay the same
on demand, to levy the same of his goods and chattels, in the
same manner as in executions issued by a justice of the
peace, together with his fees, [and] to make return of such
warrant within thirty days after the delivery thereof to him.
SEC. 27. The treasurer of such school corporation shall,
before entering upon the duties of his office, give bond in a
sum, with security, to be approved by the directors, condi-
tioned for the faithful discharge of the duties of his office,
*L VOL. II.
Execution
and direction
of a warrant
to a rate-bill.
Treasurer of
ration shall
give bond;
school corpo-
conditions.
1448
SCHOOLS.
Powers of
the board.
Duty of the
board to make
annual report;
what the same
shall state.
Directors
ailing to
make report,
duty of com-
missioner.
Appeal to Su-
perintendent
allowed.
CHAP. 1
and safely keeping and duly accounting for all the moneys
the corporation which shall come to his hands.
SEC. 28.-Each board of school directors shall have t
powers, now vested by this act in trustees of districts, in
lation to the distribution of State and county school mone
and shall collect and apply the same under the warrant
the school commissioner.
SEC. 29.-It shall be the duty of the school directors
each town or village, on or before the first day of October
each year, to make and transmit to the school commission
(or, in case of vacancy in the office of commissioner, to t
county court clerk of their county,) a report, in writing, be
ing date the first day of September, in the year of its tra
mission, and stating: First, The whole number of scho
within their jurisdiction; Second, The length of time ea
school shall have been kept, distinguishing what portion
time each school has been kept by a qualified teacher, a
whether by a male or female teacher; Third, The amount
State and county school moneys received by them; Fourt
The number of children taught, and the number of children
tween the ages of five and twenty years, residing in the tow
or village; Fifth, The amount of money paid for teacher
wages, distinguishing the amount paid out of State, count
town or village school moneys, respectively, and how mu
from other sources; Sixth, The whole amount of moneys 1
ceived by the commissioner, or his predecessor in office, duri
the year ending at the date of the report, and since the date
their last preceding report, distinguishing that received fro
the county treasury from any other, and from what, sourc
Seventh, The manner in which such moneys shall have be
expended, and for what cause; Eighth, Such other inform
tion as the Superintendent of Common Schools may, fro
time to time, require, in relation to the schools within the
jurisdiction, and the school moneys appropriated thereto.
SEC. 30. In case the directors of any such corporati
shall not, on or before the first day of August, make su
report to the commissioner of the county, it shall be his du
to give immediate notice of such neglect to the clerk of su
corporation.
SEC. 31.-Any person who shall deem himself aggrieve
by any decision made, or any act done, by the school direc
SCHOOLS.
1449
AP. 143.
of any such corporation, or by the refusal of any such
ectors to do any act, or perform any duty, required by law,
y appeal to the Superintendent of Common Schools, whose
cision shall be final.
SEC. 32. The inhabitants of the town of St. Ferdinand,
the county of St. Louis, may be incorporated for school
rposes, under the provision of this article, upon the peti-
n of the majority of the inhabitants thereof; and, upon
ch corporation being organized, it shall succeed to all the
ghts of the trustees of the school lots and lands of the said
wn of St. Ferdinand, vested in them by "An act concern-
g the school lots of the town of St. Ferdinand, commonly
lled Florisant, in the county of St. Louis," approved the
ird of February, eighteen hundred and fifty- [thirty-] three.
SEC. 33. Upon the organization of such corporation, the
ustees then in office shall account for, and pay to the school
rectors of such corporation, all moneys which shall have
me to their hands as such trustees, and deliver to such di-
ctors all bonds, mortgages, securities, records and papers,
their hands or possession as such trustees.
SEC. 34. Every trustee who shall neglect to do or per-
orm any thing enjoined on him by the preceding section,
hall forfeit, and pay to the corporation, fifty dollars; and
hall, morcover, be liable to such corporation for all damages
ccasioned thereby.
St. Ferdi-
nand town-
ship, in St.
Louis county,
porated, how;
what rights it
thereby.
may be incor-
acquires
The trus-
tees to pay the
directors all
moneys, and
deliver bonds,
&c.
Any trustee
neglecting to
comply shall
forfeit, &c.
The Board
of the St.
SEC. 35.—The corporation heretofore established in the
ity of St. Louis for school purposes, by the name and style Louis Public
Schools may
f"The Board of President and Directors of the St. Louis
Public Schools," may be vested with [the] powers, charged with
he duties, entitled to the privileges and immunities, of a cor-
oration organized under the provisions of this act, upon a
petition, or other valid acts of the corporation, presented and
iled in the County Court of the county of St. Louis.
be vested with
powers, &c.,
how.
The County
Court of St.
Louis county
may make an
order, declar-
ing said cor-
poration sub-
SEC. 36. Such county court may, on such application,
make an order, declaring the said corporation to be subject to
the provisions of the twenty-first and succeeding sections of
this article, to thirty-fourth, inclusive; and thenceforth the
said sections shall extend to such corporation, to all intents
and purposes, as if they were contained in its charter of in-ject to certain
corporation; and the directors and other officers of the said
corporation shall, in addition to the powers vested in them
sections of
this act; effect
thereof.
1450
SECRETARY OF STATE.
Certain spe-
cial acts con-
CHAP. 1
by the charter, have all the powers in the said sections.
ferred on directors and other officers of a corporation,
ganized under the provisions of this act, and shall be lia
to the like penalties and forfeitures.
SEC. 37. — All special acts now in force, providing
tinued in the election of county school commissioners in certain co
ties in this State, shall remain in force, any thing in the fo
going provisions of this act to the contrary notwithstandi
force.
Approved December 12, 1855.
Secretary of
State, before
CHAPTER CXLIV.
SECRETARY OF STATE.-
AN ACT TO REGULATE THE OFFICE OF SECRETARY OF STATE.
of commissions; note vad
cies and occasion thereof
10. To keep an abstract of all n
3 1. Secretary of State, before enter- | 9. To keep an abstract or regi
ing on the duties of his office,
to take oath and give bond.
2. To be keeper of seal and pub-
lic records, rolls, &c.; keep
register of official acts of Go-
vernor, &c.
3. May appoint a clerk.
4. Postage of letters and docu-
ments, how paid; letters and
documents to be filed.
5. Shall make report of all mat-
ters referred to him; who
shall have access to his office.
6. Original rolls and documents
not to be taken out of his
office, unless called for, &c.
7. To aflix seal of State to execu-
tive acts.
8. To make out and authenticate
copies of public acts; such
copies received as evidence.
tary commissions, and m
certain memoranda there
11. Secretary pro tem. may be
pointed, in what cases;
compensation and duties.
12. To procure stationery for
General Assembly; how I
for.
13. To make report to each sess
of the General Assembli
the amount expended un
the preceding section.
14. Contingent expenses, how p
15. Contingent accounts to be
tled quarterly
16. Neglect of duty, taking ille
fees, or more than he is e
tled to, penalty.
Be it enacted by the General Assembly of the State of M
souri, as follows: —
SECTION 1. The Secretary of State, before enteri
entering on upon the duties of his office, shall take the oath of office
P
the duties of scribed by the Constitution, which shall be endorsed upon.
take an oath commission, and enter into bond, with security, to be approv
and give bond. by the Governor, to the State of Missouri, in the sum of
thousand dollars, conditioned that he will well and truly p
his office, to
SECRETARY OF STATE.
1451
AP. 144.
m the duties of Secretary of State, which bond shall be
ested by the Governor, and deposited in the office of the
ditor of Public Accounts. (a)
SEC. 2. He shall reside and keep his office at the Seat
Government; have the safe-keeping of the seal of State,
of all public records, rolls, documents, acts, resolutions
d orders of the General Assembly; keep a register of all
mmissions issued, the official acts of the Governor, and,
en necessary, attest the same.
To be keeper
of seal and
public re-
cords, rolls,
&c; keep re-
gister of offi-
Governor, &c.
cial acts of
a clerk.
SEC. 3. He shall have power to appoint a clerk, who May appoint
all be at least twenty-one years of age, and who shall have
sided in this State at least twelve months previous to his
pointment. (b)
SEC. 4. He shall pay the postage on all official letters
d other public documents, directed to, or received by, the
overnor or himself, out of the contingent fund belonging to
e office of Secretary of State, which letters and documents
esh.ll file and safely keep in his office.
Postage of
letters and
documents,
how paid; to
be filed.
Shall make
report of all
red to him;
matters refer-
who shall have
free access to
SEC. 5. He shall make report and give information to
e Governor, or either branch of the General Assembly, re-
ecting all matters referred to him by the Governor, or either
buse of the General Assembly, when required; and the Go-
ernor, or a committee of either or both houses of the Gene- his office.
al Assembly, shall have free access to his office for the in-
bection and examination of all books, papers, records and
roceedings.
Rolls, &c.,
not to be taken
tice, unless,
&c.
To affix seal
of State to
SEC. 6. He shall not permit any original roll, paper or
ublic document, filed in his office, to be taken out of it, un-out of his of-
ess called for by a resolution of either or both houses of the
General Assembly, or for the examination of the Executive.
SEC. 7.— He shall affix the seal of State to, and counter-
ign, all commissions and other official acts required, by law,
o be issued or done by the Governor, (his approbation or dis-
pprobation of the acts of the General Assembly excepted,)
nd all other instruments, when required or authorized by
he Governor.
acts of Execu-
tive.
To make out
SEC. 8. He shall make out and deliver to every person
equiring the same, copies of any act, resolution, order of the copies of pub-
General Assembly, commission, or other official act of the
(a) See, article three, section thirty-two, of the Constitution of this State.
(b) See, title Salaries, sections two and three.
lic acts.
1452
SECRETARY OF STATE.
CHAP. 1
Governor, roll, record, document, paper, bond or recog
zance, deposited in his office, by law, and shall certify su
copies, under his hand, and affix thereto the seal of his offic
Such copies and such copies shall be admitted as evidence in all courts
this State.
as
received
evidence.
To keep an
abstract or re-
gister of com-
missions; note
vacancies and
occasion
the
thereof.
To keep an
abstract of all
military com-
SEC. 9. He shall keep in his office an abstract of
commissions issued, and appointments made, by the Govern
and shall register therein the substance of each commissi
specifying the name of the person appointed, the office co
ferred, the district or county for which the appointment
made, and the term of office; and when any office shall becor
vacant, he shall enter, in a space to be left for that purpos
a memorandum of such vacancy and the occasion there
with a reference to any evidence deposited in his office.
SEC. 10. He shall keep a like abstract of all milita
commissions and appointments, noting, in addition to what
missions, &c. required in the preceding section, the company, regimer
battalion, brigade and division, for which the appointment
made.
Secretary
pro tem. may
in what cases;
his compensa-
tion and du-
SEC. 11. In case of absence from the State, sickness,
be appointed, impeachment of the Secretary of State, the Governor sha
appoint a Secretary of State pro tempore, who shall take tl
oath herein prescribed, and perform the duties of said offi
during such absence, sickness, or pendency of such impeac
ment, and shall receive the same salary as the Secretary
State would be entitled to for the like period, which shall
deducted out of the salary of the Secretary of State.
ties.
To procure
the General
SEC. 12. — He shall procure stationery for the use of th
stationery for General Assembly, previous to its sitting, to be paid out
Assembly; the joint contingent fund of the Senate and House of Repr
how paid for. sentatives, for which the Auditor of Public Accounts sha
draw his warrant on the treasury.
To make re-
penses to each
SEC. 13. He shall make report to each session of th
port of ex- General Assembly of the amount of money that has bee
General As- expended in carrying into effect the provisions of the nex
sembly.
preceding section.
Contingent
expenses, how
paid.
SEC. 14. The expenses of procuring books, stationery
furniture, printing, and other things necessary to be obtaine
for the use of the office of Secretary of State, shall be pai
out of the State treasury, out of any money appropriated fo
the contingent expenses of Secretary of State.

SECURITIES.
1453
S
HAP. 145.
expenses, to
SEC. 15. - He shall keep exact accounts of the con- Contingent
gent expenses of his office, and, on the first days of be settled
nuary, April, July and October, in each year, shall render
s accounts, with vouchers of all expenditures, to the
uditor of Public Accounts, who shall settle and adjust the
me as other accounts against the State.
SEC. 16. If the Secretary of State shall, at any time,
eglect or refuse to perform any of the duties enjoined on
m, by law, or shall take fees for the performance of any
uty when he is not entitled thereto, or shall take more than,
y law, he is entitled to, he shall pay to the person aggrieved
sum not less than one hundred dollars, nor more than five
undred dollars, to be recovered by civil action.
This bill having remained with the Governor ten days,
Sundays excepted,) and the General Assembly being in ses-
on, it has become a law, this fourth day of December, 1856.
JOHN M. RICHARDSON,
Secretary of State.
quarterly.
Neglect of
duty, taking
illegal fees,
&c., penalty.
CHAPTER CXLV.
SECURITIES.
AN ACT CONCERNING SECURITIES.
1. Securities may require person | 9. When judgment is against prin-
having right of action to
bring suit.
2. If suit not brought within
thirty days after notice, se-
curity exonerated.
3. Manner of serving notice by
security, to bring suit.
4. To what cases the first two
sections shall not extend.
5. Money paid by security to be
refunded by the principal
debtor.
6. Remedy against principal, by
suit, for money or property
paid.
7. Security paying more than his
due portion may recover the
excess from his co-security,
how.
8. No such security compelled to
pay more than his proportion
of the original demand.
cipal and security, and se-
curity pays same, he can
have judgment against prin-
cipal for the amount, on
motion.
10. Notice of such motion to be
given, when; limitation of
time to make such motion.
11. Securities of officers may be
relieved by petition address-
ed to the circuit court.
12. What the petition shall state;
to be verified by affidavit.
13. Notice, with copy of petition,
to be served on the princi-
pal, how and when.
14. If principal be absent from the
State six months, publica-
tion to be made, how.
15. Court or officer may require
new bond and security to be.
given.
1454
SECURITIES.
Securities
person having
CHAP. 14
2 16. Such new bond and security,, 21. Securities of county officers
how taken and filed.
17. When such new bond is taken,
&c., securities in former
bond to be discharged; effect
and extent of.
18. On principal failing to give
new bond, his office to be
vacated.
19. Remedy of securities who pay
money for officers.
20. Remedies under this act may
be maintained by and against
executors and administra-
tors, when.
be residents thereof.
22. No sheriff, &c., shall be tak
as security on official bond
23. When security becomes no
resident of the county, or i
solvent, or dies, the offic
ordered to show cause w
he should not give new bon
24. If security found insufficier
officer may be required
give additional security.
25. When new bond is give
former securities are di
charged.
Be it enacted by the General Assembly of the State of Mi
souri, as follows:
—
SECTION 1. Any person bound as security for another
may require in any bond, bill or note, for the payment of money
right of ac delivery of property, may, at any time after an action ha
sion to bring accrued thereon, require, in writing, the person having suc
right of action forthwith to commence suit against the prin
cipal debtor and other parties liable. (a)
suit.
A se
(a) Parol evidence is admissible, to show that a party to a bond execute
it merely as surety. Foster v. Wallace, 2 Mo. Rep., 231. See, Davidson
Peck, 4 Mo. Rep., 438. A security cannot maintain an action against
constable, on his official bond, for neglect in serving process against h
principal, in consequence of which the principal becomes insolvent and th
surety compelled to pay the money. State v. Reynolds, 3 Mo. Rep., 9
If a security notify a creditor to sue, any indulgence thereafter to th
principal, to the injury of the security, will discharge the surety. Ibi
Neglect on the part of the State to bring suit on an official bond will no
discharge the sureties. Parks v. State, 7 Mo. Rep., 194. Vide, Shelton
Ford, 7 Mo. Rep., 209. The payee of a note and the surety thereto resid
in the same county, and the note is within the jurisdiction of a justice
court; on notice to sue by the surety, the payee is not bound to follow th
principal in a distant county, but may sue the surety alone. Hughes
Gordon, 7 Mo. Rep., 297. Mere neglect to sue will not discharge th
surety; but if a debt is secured by a lien, and the lien is abandoned, the
will release the security. Ferguson v. Turner, 7 Mo. Rep., 497.
curity may avail himself of the defence of usury, as well as the principa
Weimer v. Shelton, Ibid, 237. Where the creditor merely, and without an
consideration, extended the time of payment of the debt, and made a state
ment, on the back of the bond, of such extension, the surety was not thereb
discharged. Nichols v. Douglass, 8 Mo. Rep., 49; Hawkins v. Ridenhour
13 Mo. Rep., 125. Vide, Miller v. Woodward, 8 Mo. Rep., 169; Crump
McMurtry, Ibid, 408; Little v. Nabb, 10 Mo. Rep., 3; Moss v. State, Ibid
338. The liability of a surety is not to be extended, by implication, beyon
the terms of his contract. Bair v. Perpetual Insurance Company, Ibi
559. Vide, Moss v. Craft, Ibid, 720; Nolley v. Callaway County Cour
11 Mo. Rep., 447; Cole County v. Angney, 12 Mo. Rep., 132; Chilton
Chapman, 13 Mo. Rep., 470. A breach of the warranty of soundness of
slave may be set up in defence by the securities to a note given for th
price of a slave, though the warranty was to the principal alone, who is no
joined. Scroggin v. Holland, 16 Mo. Rep, 419. Usury, which the prin
cipal had contracted to pay, is included in the amount on the face of th
&
SECURITIES.
1455
HAP. 145.
ys
SEC. 2.-If such suit is not commenced within thirty
after the service of such notice, and proceeded in with
e diligence, in the ordinary course of law, to judgment and
ecution, such security shall be exonerated from liability to
e person so notified.
SEC. 3. The notice required above shall be served by
livering a copy thereof to the person having the right of
etion on the instrument, or leaving a copy at his usual place
abode, with some white person of the family over the age
f fifteen years. (a)
SEC. 4.-The first two sections shall not extend to the
ond of any administrator, executor, guardian, curater,
fficer or other person, given to secure the performance of
he duties of his office, trust, place er business; nor to any
ond with a collateral condition, except bonds with condi-
ons exclusively for the payment of money or the delivery of
roperty, or for the performance of any covenant or agree-
ent for the payment of money or delivery of property.
SEC. 5. When any bond, bill or note, for the payment of
money or delivery of property, shall not be paid by the prin-
cipal debtor, according to the tenor thereof, and such bond,
ill or note, or any part thereof, shall be paid by any se-
curity thereto, the principal debtor shall refund to such
security the amount or value so paid, with interest thereon,
at ten per centum per annum from the time of such payment.
SEC. 6. When such payment by a security shall be
made in money, such security may recover the same with
note. Held, the omission to disclose this fact to A will not operate to dis-
A notice, in which
charge him. Samuel v. Withers, 16 Mo. Rep., 532.
the surety states that he will no longer stand security for the principal
debtor, unless suit is commenced and prosecuted according to law, is suffi-
cient, although the note was not described or referred to, the creditor not
showing that he was actually misled. Routon . Lacy, 17 Mo. Rep., 399.
Where there were two joint sureties, one of whom gave notice, but the
other did not, the surety who gave no notice was released to the extent of
one-half of the debt, and no more. Ibid. A case where the principal is
Hickam . Hollingsworth,
dead is not within the meaning of the statute.
bid, 475 Vide, Morrison v. Tennessee Marine and Fire Insurance Com-
pany, 18 bid, 262.
A surety will not be discharged by the fact that the
creditor, whom he has notified to commence suit against all the parties
liable, does not join him in the suit; nor by the fact that a co-security,
who is a non-resident of the State, is not proceeded against. Perry v. Bar-
ret, 18 Mo. Rep., 140. Vide, Rice v. Morton, 19 Mo. Rep., 263; (Haven v.
Foley, 18 Mo. Rep., 136, affirmed;) same case, 19 Mo. Rep., 632. The
endorser of a negotiable note is not a security, within the meaning of this
stature. Clark v. Barrett, 19 Mo. Rep., 39; Devinney v. Lay, Ibid, 646.
(a) Sapington v. Jeffries, 15 Mc. Rep., 628.
*L 2-VOL IL
If suit not
brought with-
in thirty days
after notice,
security ex-
onerated.
Notice, how
served.
To what
cases the first
two sections
shall not ex-
tend.
Money paid
be refunded
by security to
by the princi-
pal debtor.
Remedy
against prin-
cipal, by suit,
for money or
property paid.
1456
SECURITIES.
Security
paying more
than his due
portion may
recover the ex-
cess, how.
No such se-
curity com-
pelled to pay
proportion of
CHAP. 14
the interest; and when such payment is made in propert
may recover the value with the interest.
he
SEC. 7. When there are two or more securities in an
such bond, bill or note, and any of them shall pay, in mone
or property, more than his due portion of the original d
mand, such security may recover such excess, as herein pr
vided for a security against the principal debtor.
SEC. 8. — No such security shall be compelled, in an
action, to pay more than his due proportion of the origin:
more than his demand; and when such security shall have previously pai
the original any portion thereof, he shall be liable to pay only so much a
the amount already paid by him falls short of his due pr
portion of the original demand.
demand.
when.
Security SEC. 9. In all cases where judgment is given in an
can have judg-
ment against court, whether of record or not, upon any bond, bill or not
principal, for the payment of money or delivery of property against th
principal debtor and any security therein, and such securit
shall pay the judgment, or any part thereof, he shall be en
titled, upon motion, to a judgment in the same court agains
the principal debtor for the amount he has paid, with te
per cent. interest thereon from the time of payment, togethe
with costs. (a)
Notice of
such motion to
be given,
when; limita
tion of time
to make such
motion.
Securities
be relieved by
petition.
SEC. 10.-No judgment shall be rendered, as is provide
in the last preceding section, unless the party applyin
therefor shall have given the adverse party at least ten days
notice, in writing, of such motion, nor unless such motion
shall be made within one year after the rendering of the
original judgment.
SEC. 11. Any person bound as security in any bond
of officers may given by any officer, to secure the faithful performance of the
duties of such officer, may, on his petition, in writing, ad
dressed to the court authorized, by law, for the time being
to take and approve such official bonds, be discharged from
all future liability on such official bond.
What the pe-
forth.
SEC. 12. The petition shall set forth the facts upon
tition shall set which the application for a discharge is founded, and shall be
verified by the affidavit of the petitioner thereto annexed.
SEC. 13.A notice, in writing, of such intended applica
principal, tion, together with a copy of the petition, shall be personally
Notice to be
served on the
how and.
when.
(a) Devinney v. Lay, 19 Mo. Rep., 646.
SECURITIES.
1457
HAP. 145.
erved on the principal in the bond, at least fifteen days
efore the making of the application.
Publication
to be made,
SEC. 14.- If the principal in the bond shall be absent
rom the State for the period of six months, the publication when.
f the notice and petition, in some newspaper printed in this
tate, for four weeks successively, shall be sufficient service
f the notice.
SEC. 15. The court to whom the petition is addressed
hall hear the application, and may, on examination thereof,
ʼn their discretion, make an order, requiring the principal in
uch bond to give new bond and security for the performance
f his official duties.
SEC. 16. — If such bond and security be given, it shall be
aken, approved and filed, in the same manner that the
official bond of such officer is required, by law, for the time
being, to be taken, approved and filed.
SEC. 17. When such new bond is taken, approved and
filed, it shall immediately operate as a discharge of all the
securities in the former bond from all liability arising from
any subsequent misconduct or default of the principal
therein, and such securities shall thenceforth be liable on
such bond only for such breaches thereof as shall have hap-
pened prior to the taking, approving and filing of the new
bond.
SEC. 18.- If such principal shall neglect or refuse to give
such new bond and security within sixty days after making
such order, his office, trust, power and authority, shall thence-
forth be vacated, cease and determine; and the court making
such order, or having the power to take such new bond, shall
forthwith certify such vacancy to the court or officer having
power to appoint a successor, and such vacancy shall be
immediately supplied according to law.
SEC. 19. Any person bound as security in any bond
given by any officer, to secure the faithful performance of his
duties, who shall pay any money which he shall have been
liable to pay by reason of such bond, shall have the same
right and remedy against his principal and co-securities that
are provided in this act against principals and co-securities
in bonds, bills and notes, for the payment of money or de-
livery of property. (a)
(a) Overton v. Woodson, 17 Mo. Rep., 453.
New bond
and security
may be given,
when.
Such new
bond and se-
curity, how
taken and filed
When secu-
rities dis-
charged; ef-
fect and ex-
tent of.
On principal
failing to give
office vacated.
new bond, his
Remedy of:
securities who
pay money for
officers.
1458
SECURITIES.
Remedies
CHAP. 145
SEC. 20. The remedies given by this act may be main
maintained by
and against tained by and against executors and administrators, in al
executors, cases where they could be maintained by or against thei
&c., when.
testators or intestates, if they were living.
thereof.
Securities of SEC. 21.—The securities of all clerks, sheriffs, consta
county officers
to be residents bles, collectors and other county officers, shall be resident
of the county in which the bonds to which they become par
ties, by reason of being securities for any of the said officers
shall be executed.
No sheriff,
&c., taken as
SEC. 22. No sheriff, collector, constable, county trea
security on Surer, attorney at law, clerk of any court of record, judge
official bonds. or justice of any court of record, shall be taken as security in
any official bond that may be given by any officer in this
State.
When the
officer ordered
to show cause
bond.
SEC. 23. When it shall come to the knowledge of any
court whose duty it is to approve the official bonds of any of
why he should the officers named in the twenty-first section, that a surety
not give new
of any of the said officers has become non-resident of the
county in which his official bond was executed and required
to be filed, or has died, become insolvent, or otherwise insuffi-
cient, the said court shall make an order, requiring the
officer for whom any such security executed the bond, on a
day therein named, to appear and show cause why he should
not give additional security.
If security
found insuffi-
SEC. 24. — If, upon an investigation of the matter, it shall
cient, officer appear that any surety has become non-resident of the county
may be re-in which the bond is filed, has died, become insolvent, or in
quired to give
additional se- any otherwise insufficient, the court shall require the officer
eurity.
bond is given,
for whom such surety executed the bond to give additional
security by a day named; and, in default thereof, the said
office shall be forfeited, and the same shall become vacant,
and the facts shall be certified to the court or officer whose
duty it is to fill such vacancy.
When new SEC. 25. When the additional bond is given and ap-
former securi-proved, the former sureties shall thereby be discharged from
ties are dis- any misconduct of the principal, after the approval of said
charged.
bond.
Approved November 23, 1855.
SEMINARY LANDS.
1459
HAP. 146.
CHAPTER CXLVI.
SEMINARY LANDS.
AN ACT RESPECTING SEMINARY LANDS.
1. Commissioner in Cape Girar-
deau district abolished.
2. Return to be made by commis-
sioner.
3. To make final settlement, when
and how.
4. Seminary lands subject to entry;
how and where made.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1. The office of commissioner for the purpose
Commis-
lished.
of superintending the sale of the seminary lands in the Cape sioner abo--
Girardeau land district, is abolished. (a)
SEC. 2. The commissioner shall make immediate return
to the State Treasurer, at the City of Jefferson, of all books
and papers in his possession relating to, or connected with,
such office.
SEC. 3. Within three months after this act takes effect,
such commissioner shall make final settlement of his accounts,
and pay into the treasury all moneys that may be in his
hands arising from the sales of seminary lands.
SEC. 4.The seminary lands, in the several land districts
remaining unsold when this act takes effect, shall thereafter
be subject to entry with the Treasurer of the State, at the
City of Jefferson, in the same manner and on the same terms
as is provided with regard to the entry of saline lands.
Approved January 24, 1845.
(a) This act was not revised. Vide, the act respecting saline lands in
this Code, the act in relation to seminary and saline lands, Acts 1847, p.
131, and the act in relation to the seminary lands, Acts 1847, p. 132.
Return to
be made by
the commis-
sioner.
To make fi-
nal settle-
ment, when,
and how.
Seminary
lands subject
to entry; how
and where
made.
1460
SENATORS-UNITED STATES.
CHAP. 14
Senators,
how elected.
1835.
What neces-
sary to а
choice.
Election to
CHAPTER CXLVII.
SENATORS-UNITED STATES.
AN ACT PRESCRIBING THE MANNER OF ELECTING UNITED STATES
SENATORS.
21. United States Senators elected | 3. President of the Senate an
by joint ballot of both houses
of the Legislature, at such time
and place as may be agreed
upon by both houses.
2. A majority of all the votes
given necessary for a choice.
Speaker of the House to ce
tify election to the Governo
4. Governor to make out creder
tial; form thereof.
5. Form of credential of tempo
rary appointment.
Be it enacted by the General Assembly of the State of Mi
souri, as follows:-
SECTION 1.. Whenever an election is to be made of
Senator for this State, in pursuance of the Constitution o
the United States, (a) the two houses of the General Assem
bly shall assemble together, at such time and place as maj
be agreed to by both houses, and, by joint vote, proceed to th
election.
SEC. 2. —A majority of all the votes given shall be ne
cessary to elect a Senator.
SEC. 3. When the election is made, the President of th
be certified to Senate and the Speaker of the House of Representative
shall certify the same to the Governor.
Governor, by
whom.
Governor to
make out cre-
dential.
Form thereof.
SEC. 4. The Governor shall cause a credential to b
made out, with the great seal of the State affixed thereto
and cause it to be delivered to such Senator, which creden
tial shall be in the form following:
66
"State of Missouri, to wit: The General Assembly of thi
State, on the day of, one thousand eight hundre
and, having, in pursuance of the Constitution of th
United States of America, chosen- a Senator of th
United States, I, -, Governor (or person exercising th
power of Governor, as the case may be) of the State o
Missouri, do, by these presents, certify the same to th
Senate of the United States. Given under my hand, an
(a) Vide, article one, section three, first clause of the Constitution
the United States.
SET-OFF.
1461
HAP. 148.
e seal of the State of Missouri, this
ousand eight hundred and
SEC. 5.
day of
one
of
Form of
credential
temporary ap-
Whenever the Executive shall, by virtue of the
onstitution of the United States, make a temporary ap-
bintment of a Senator, (a) he shall deliver to such Senator pointment.
credential, in form following:-
"State of Missouri, to wit: A B, who was chosen United
tates Senator from this State, in pursuance of the Consti-
tion of the United States of America, having died (re-
gned, or otherwise, as the case may be,) during the recess.
f the General Assembly of the State, I,, Governor (or
erson exercising the powers of Governor, as the case may
e) of said State, have, therefore, thought fit to appoint C
to fill the vacancy. Given under my hand, and the seal
f the State of Missouri, this
ght hundred and
Approved November 17, 1855.
day of
one thousand
,
CHAPTER CXLVIII.
SET-OFF.
AN ACT RESPECTING SET-OFF.
1. Mutual debts may be set-off.
2. When debts may be set-off in
suits by executors, &c.
3. When allowed in suits against
joint obligors.
4. Plaintiff to have costs, although
set off shall equal or exceed
amount due to plaintiff, when.
5. If equal or less than plaintiff's
demand, judgment, how ren
dered.
6. If balance due defendant, judg-
ment may be rendered for
him.
7. Judgments may be set-off, when
and how.
8.
Executions may be set off.
9. Officer shall, upon delivery of
execution to him, proceed,
how.
10. Instances enumerated when set-
offs shall not be allowed.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.—If any two or more persons are mutually Mutual debts
hdebted, in any manner whatsoever, and one of them
com-
(a) Vide, article one, section three, second clause of the Constitution of
he United States.
may be set-off.
•
1462
SET-OFF.
When debts
CHAP. 1
mence an action against the other, one debt may be set
against the other, although such debts are of a differ
nature. (a)
SEC. 2.In suits brought by administrators and exe
may be set-tors, debts existing against their intestate or testator, and
off in suits
ecutors, &c.
brought by ex-longing to the defendant at the time of their death, may
set-off by the defendant, in the same manner as if the act
had been brought by and in the name of the deceased;
no demand against an executor or administrator, in his o
individual capacity, shall be allowed as a set-off against a
debt or damages sued for by such executor or administrat
upon a contract made by him in his representative capaci
whether the contract shows the representative capacity
which he contracted or not. (b)
The statute is not restri
(a) Barton & Wilkins, 1 Mo. Rep, 74; Cowden . Elliot, 2 Mo. Rep.,
Scogin v. Hudspeth, 3 Mo. Rep., 123; Johuson v Strader, 3 Mo. Rep.,
Burton v. Martin, 4 Mo. Rep., 200; Whaley v. Cape, 4 Mo. Rep., 233;
ham v. Henderson, Ibid, 295. The provisions of the statute concerning
off do not apply to a note which expresses to be payable without defa
tion." Collins v. Waddle, 4 Mo. Rep., 452.
to natural persons, but extends to corporations. City of St. Louis v. Rog
7 Mo. Rep., 19. A note transferred by delivery, for a valuable consid
tion, may be the subject of set-off; the assignment need not be in writ
Frazier v. Gibson, 7 Mo. Rep., 271. In a suit by the assignce of a
payable without defalcation," but not negotiable like an inland bill of
change, for want of the words "negotiable and payable," the payer car
plead a set-off, though he may plead a total failure of consideration. M
pin v. Smith, 7 Mo. Rep, 402. A note given for a certain sum, payabl
work, cannot be set off in an action founded on a debt due in money.
though the debt accrued for the same kind of work stipulated for in
Vide, Chase v. Chase, 8
note. Prather v. McEvoy, 7 Mo. Rep., 598.
Where a factor sells the propo
Rep, 103; Austin v. Feland, Ibid, 309.
of the principal as his own, the purchaser, in an action brought by the p
cipal, cau set off any debt due by the factor. Greene v. Chickering, 10
Rep., 10.
A joint demand cannot be set-off against a separate debt.
ney v. Turner, Ibid, 207. As between the original parties to a bond
no e, a set-off is allowable, although the bond or note be payable "with
defalcation or discount." Baker e. Brown, Hid, 398. Vide, Pond v. I
·ler, Ibid, 448; Benoist v Darby, 12 Mo. Rep, 196; Paul v Carroll,
437 A chose in action which is assignable cannot be set-off by a per
to whom it is transferred, if he holds it merely as a trustec. Ibid,
Vide, Dunnica v. Thomas, 15 Mo. Rep., 385; Gullet v. Hoy, Ibid, 399; S
v. Modrell, Ibid, 421; Smith v. Steinkamper, 16 Mo. Rep., 150; Niedela
Wales, Ibid, 214. Where notes sued on are proved to have been given u
a settlement, and the defendant sets up a claim which accrued prior ther
If the disp
he must show that it was not included in the settlement.
claim was discussed at the time, the settlement will be held to embrac
Pern
unless it clearly appear that the parties agreed to leave it open.
Roberts, 17 Mo. Rep., 36. Unliquidated damages are not the subjec
set off under the new practice. Mahan v. Ross,. 18 Mo. Rep., 121; +
v. Menkens, Ibid, 158. A set-off is not admissible where the claim on ei
side is for unl.quidated damages. (Johnson v. Jones, 16 Mo. Rep.,
affirmed) Brake. v. Corning, 19 Mo. Rep., 125.
(b) Vide. Lacompte v. Seargent, 7 Mo. Rep., 351; Woodward v.
Gaugh, 8 Mo. Rep., 161.
}
SET-OFF.
1468
HAP. 148.
SEC. 3.-
In all actions brought against one or more joint
bligors or promisers, any debt or demand due from the
laintiff to the defendant in the action, or to all the obligors
promisers in the contract sued upon, may be set-off
gainst the demand of the plaintiff.
SEC. 4. When a set-off pleaded shall be an indebtedness
f the plaintiff, assigned to the defendant, other than nego-
able promissory notes and bills of exchange, and it shall
qual or exceed the amount found due to the plaintiff, the
laintiff shall nevertheless be entitled to all costs made in
he case to the time of the pleading of such set-off: Provided,
He had no notice of such assignment at the time of the com-
mencement of the suit.
SEC. 5.-A set-off shall be plead in the manner provided
by law, and if the amount of set-off be equal to the plaintiff's
lemand, the plaintiff shall recover nothing by his action; if
t be less than the plaintiff's demand, he shall have judgment
for the residue only. (a)
When allow-
against joint
obligors.
ed in suits
Plaintiff to
have costs, al-
though set-off
shall equal
or exceed
amount found
due to plaint-
iff, when.
If equal or
less than
plaintiff's de-
mand, judg
dered.
ment, how ren-
If balance
SEC. 6.- If there be found a balance due from the plaintiff
to the defendant, judgment shall be rendered for the defend- due defend-
ant for the amount thereof, together with costs.
SEC. 7. Whenever any circuit court, or the Court of
Common Pleas of St. Louis county, shall render final judg-
ment in causes in which the parties shall be reversed, and
shall sue and be sued in the same right and capacity, such
court may, whether such judgment be rendered in the same
court or not, if required by either party, set-off such judg-
ment, the one against the other, and issue execution in favor
of the party to whom the balance may be due, and credit
such execution with the amount of such set-off.
ant, judgment
given for him.
Judgment
when and how.
may be set-off,
Executions
SEC. 8. Executions between the same parties may be
set-off one against another, if required by either party, in may be set-off.
the manner prescribed in the following sections.
SEC. 9.When any one of the executions is delivered to
an officer to be served, the person who is the debtor therein,
may deliver his execution to the same officer, whether the
second execution is directed to the same or to some other
officer, and the officer shall apply it, as far [as] it will extend,
to the satisfaction of the first execution; or, if such first exe-
(a) Vide, Brady v. Hill, 1 Mo. Rep., 315.
*M VOL. II.
Officer, how
to proceed up-
on delivery of
execution te
him.
1464
SHERIFF AND MARSHAL.
Instances
enumerated
shall not be al-
lowed.
CHAP. 14
cution shall be the smaller in amount, then to its entire sat
faction, and endorse on such execution the fact of such a
plication; and the balance due on the larger execution m
be collected and paid in the same manner as if there h
been no set-off. (a)
SEC. 10.- Such set-off shall not be allowed in the follo
when set-offs ing cases: First, When the creditor in one of the executio
is not in the same capacity and trust as the debtor in t
other; Second, When the sum due on the first execution sha
have been lawfully, and in good faith, assigned to another pe
son, before the creditor in the second execution became ent
tled to the sum due thereon; Third, When there are sever
creditors in one execution, and the sum due on the other
due from part of them only; Fourth, When there are sever
debtors in one execution, and the sum due on the other is du
to a part of them only.
Approved December 8, 1855.
CHAPTER CXLIX.
SHERIFF AND MARSHAL.
AN ACT REGULATING THE OFFICES OF SHERIFF AND MARSHAL.
1. To receive certificate of elec-3
tion,
2. Appointed, certificate to issue;
reëlected, to give new secu-
rity, when.
3. To give bond within fifteen
days; penalty and condition
thereof.
4. Failing, office vacant.
5. How bond may be taken in va-
cation.
6. Bond binding until disapproved.
7. Certificate of election, oath
and bond to be recorded.
8. When vacancy occurs, clerk of
circuit court to certify the
fact to Governor.
9. Penalty on clerk for failing t
perform his duty.
10.
11.
May appoint deputies, how.
Powers of deputy.
12. Conservator of the peace i
the county, may take recog
nizances, when.
13.
Recognizance to be certified t
circuit court.
14.
Duty in quelling riots, &c., ex
ecuting process, &c.
15. Vacancy occurring, to be certi
fied to Governor.
16. When summary proceeding
may be had against securities
17. Marshal of St. Louis count
established.
(a) One execution cannot be set-off against another in the hands of a sheriff, where th
sum due on the first execution had been, in good faith, assigned before the latter execution
was delivered to the officer. The delivery of the execution to the officer is to be deemed th
time at which the plaintiff becomes entitled to the money due thereon. Prim v. Ransom, 1
Mo. Rep., 44±.
SHERIFF AND MARSHAL.
1465
HAP. 149.
18. How and when elected.
19. Term of office.
20. Bond to be given, how and
when.
21. By whom bond may be taken;
how approved.
22. Failing to give, office vacant.
23. Vacancy to be certified to Go-
verner; how filled; effect of.
24. Certificate of appointment, how
transmitted.
25. Sections of this act made ap-
plicable to marshal.
26. When coroner shall perform
duties of marshal.
27. Offices of marshal and coroner
vacant, elizor may be ap-
pointed, how.
28. Powers and liabilities of the
marshal, in serving process.
Fees of.
29.
30. Tie, in elections of, how decid-
ed; contested elections, how
determined.
31. Coroner of St. Louis to per-
form the duties of the mar-
shal, when.
32. What courts sheriff of St. Louis
shall attend, exccute the pro-
cess of; what the marshal.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
Clerk to de-
liver certifi-
tion to sheriff.
SECTION 1.-When any person shall be elected sheriff,
he clerk of the county court shall deliver to him a certificate cate of elec-
of his election, under the seal of the court; and shall, also,
ertify that fact to the clerk of the circuit court, who shall
ile the certificate in his office. (a)
SEC. 2. Whenever any person shall be appointed sheriff
by the Governor, the Secretary of State shall transmit an
official certificate of his appointment to the clerk of the county
court of the proper county, who shall immediately deliver it
o such sheriff. Should any sheriff be reëlected, he shall give
new bond and security within fifteen days from his election;
and should he fail to do so, his former securities shall not be
held liable for any business done by him after the fifteen
lays expire.
SEC. 3.-Every sheriff shall, within fifteen days after he
receives the certificate of his election or appointment, give
bond to the State, in a sum not less than five thousand dollars,
hor more than fifty thousand dollars, with sureties, approved
by the circuit court, conditioned for the faithful discharge of
his duties, which bond shall be filed in the office of the clerk
of the circuit court of the county.
SEC. 4.-If any sheriff fail to give such bond within the
ime prescribed, the office shall be deemed vacant.
(a) Vide, section fifteen of this act; also, section twenty-three, article
four, of the Constitution of this State, and the act to regulate elections.
The Legislature may enlarge the duties of sheriffs during the term for which
hey are elected, and their securities are liable for the faithful performance
of them. Marney v. State, to usc of Vance, 13 Mo. Rep., 7.
Appointed,
certificate to
issue; reëlect-
ed, to give
new security,
when.
To give
bond within
fifteen days;
penalty and
thereof.
condition
Failing, of
fice deemed
vacant.
1466
SHERIFF AND MARSHAL.
How bond
may be taken
in vacation.
Bond bind-
ing until dis-
approved.
Certificate
of election,
ed.
SEC. 5.
CHAP. 14
Such bond may be taken by the clerk of the c
cuit court, in vacation; and, if so taken, shall be approved
disapproved by the circuit court, at the next term.
SEC. 6. Such bond shall be valid until disapproved; n
shall its obligations be impaired by the disapproval of t
circuit court.
SEC. 7.-Every sheriff shall, before he enters upon t
oath and bond, duties of his office, cause his certificate of election or a
to be record-pointment, with the oath of office endorsed thereon, and h
official bond, with the approval endorsed thereon, to be r
corded, at his own expense, in the office of the recorder of t
county.
When va-
cancy occurs,
clerk of cir
cuit court to
certify the
fact to Go-
vernor.
Penalty on
clerk for fail-
ing to perform
his duty.
May appoint
deputies, how.
Powers of
deputy.
Sheriff a
conservator of
SEC. 8.-When the office of sheriff shall become vacan
by a failure, on the part of the person elected to that offic
to file with the clerk of the circuit court a bond, as provide
by this act, or from any other cause whatever, the clerk
the circuit court shall forthwith certify that fact to the G
vernor; and no writ or process, directed to the sheriff of th
county, shall issue from that clerk's office until a new sher:
is qualified, according to law.
SEC. 9.-Any clerk failing to perform the duties require
by this act shall be fined in any sum not exceeding one hu
dred dollars, and he shall, also, be liable to any party in
jured, to the extent of the injury.
SEC. 10.- Any sheriff may appoint one or more deputie
with the approbation of the judge of the circuit court; an
every such appointment, with the oath of office endorse
thereon, shall be filed in the office of the clerk of the circu
court of the county. (a)
SEC. 11. Every deputy sheriff shall possess all th
powers, and may perform any of the duties prescribed, b
law, to be performed by the sheriff.
SEC. 12.- Every sheriff shall be a conservator of th
the peace in peace within his county, and shall cause all offenders agains
the county; law, in his view, to enter into recognizance, with surety, t
may take re-
cognizances, keep the peace, and to appear at the next term of the circui
court of the county; and to commit to jail in case of failur
when.
to give such recognizance.
(a) A sheriff is responsible for all trespasses committed by a deputy b
color of his office. State v. Moore, 19 Mo. Rep., 869.
SHERIFF AND MARSHAL.
1467
HAP. 149.
SEC. 13. — The sheriff shall certify such recognizance to
le clerk of the circuit court.
Recogni-
zance cer-
tified.
Duty in
quelling riots,
&c., executing
process, &c.
SEC. 14. Every sheriff shall quell and suppress assaults
hd batteries, riots, routs, affrays, and insurrections; shall
pprehend and commit to jail all felons and traitors, and ex-
cute all process directed to him by legal authority; and he
hall attend upon all courts of record at every term. (a)
SEC. 15.-If any vacancy occur in the office of sheriff,
he clerk of the county court shall immediately certify the be certified.
me to the Governor.
SEC. 16. Whenever summary proceedings are given
gainst a sheriff, his sureties, jointly and severally, shall be
able to the same, and may or may not be joined with him;
nd such recovery may be had against them as is given
gainst the sheriff: Provided, That upon such recovery
gainst the securities of any sheriff, in a summary mode of
roceeding, the extent of said recovery shall not exceed the
mount of money withheld by the sheriff, and ten per centum
per annum on the same, from and after the return day of the
xecution.
SEC. 17.—There is established for the county of St. Louis,
he office of marshal.
Vacancy to
When sum-
mary proceed-
ings may be
had against
securities.
Proviso.
Marshal of
St. Louis.
How and
SEC. 18. — The marshal shall be elected, by the qualified
oters of the county, on the first Monday in August, in the when elected.
year one thousand eight hundred and fifty-six, and on the
same day every two years thereafter; and such election shall
be governed by the laws governing the election of sheriffs.
SEC. 19. He shall hold his office for two years, and until
his successor is elected and qualified, and shall be ineligible
four years in every period of eight years.
Term of
office.
Bond to be
and when.
SEC. 20. He shall give bond to the State within the
time, in the like sum, with securities, to be approved by the given, how
Judge of the Criminal Court of St. Louis county, and with a
like condition, as prescribed, by law, in the case of sheriff;
and such bond shall be filed in the office of the clerk of the
Criminal Court of St. Louis county.
(a) Brown v. Henderson, 1 Mo. Rep., 94; Brown v. Ward, Ibid, 148;
Governor v. McNair, Ibid, 216; Berry v. Burckhartt, Ibid, 296; Evans v.
Hays, Ibid, 498; Evans v. Hays, 2 Mo. Rep., 79; Jewett v. Weaver, 10 Mo.
Rep., 234; Milburn v. Gilman, 11 Mo. Rep., 61; State v. Moore, 19 Mo.
Rep., 369.
1468
SHERIFF AND MARSHAL.
By whom
bond may be
taken; how
approved.
Failing to
give bond, of-
fice vacant.
Vacancy to
Governor, how
filled, &c.
CHAP. 149
SEC. 21. Such bond may be taken by the clerk of th
Criminal Court in vacation; and, if so taken, shall be approve
or disapproved by the judge thereof at the next term, an
shall be valid until disapproved; and its obligations shall no
be impaired by such disapproval.
SEC. 22. If the marshal fail to give bond within the tim
prescribed, the office shall be considered vacant.
SEC. 23. — If any vacancy occur in the office of marshal
be certified to the clerk of the county court of St. Louis county shall im
mediately certify the same to the Governor, who shall fil
such vacancy by the appointment of some suitable and com
petent person, who shall continue in office until his successo
is elected and qualified, and shall not thereby be rendered
ineligible to the next succeeding term.
Certificate of
appointment,
ted.
SEC. 24. When any person shall be appointed marsha
how transmit by the Governor, the Secretary of State shall transmit an
official certificate of his appointment to the clerk of the county
court of St. Louis county, who shall immediately deliver i
to such marshal.
Sections of
this act made
applicable to
marshal.
When coro-
ner shall per-
SEC. 25.-The seventh, tenth, eleventh, twelfth and four
teenth sections of this act, shall apply to the marshal and his
deputies; and he shall certify and return recognizances taken
by him, to the clerk of the Criminal Court of St. Louis
county.
SEC. 26. The coroner shall discharge all the duties per-
form the du-taining to the office of marshal, in like cases wherein he is
ties of mar- required to perform the duties pertaining to the office of
shal.
sheriff.
Office of SEC. 27.-If the office of marshal and coroner be vacant.
marshal and an elizor shall be appointed by the clerk of the county court
coroner va-
cant, an elizor of St. Louis county, who shall perform all the duties of mar-
may be ap-
pointed, how. shal, until a marshal shall be appointed, or elected, and quali
fied, and shall give bond and security, and make oath, as the
marshal is required to do.
Powers and
liabilities of
marshal in
SEC. 28. The marshal shall have the same power, be
subject to the like proceedings, and incur the same liabilities,
serving pro- on all process placed in his hands, as the sheriff of any
county has, or is subject to, in similar cases.
cess.
Fees of mar-
shal.
SEC. 29.
He shall be allowed the same fees for his ser-
vices as are now, or may be, allowed to any sheriff in like
cases.
SLAVES.
1469
HAP. 150.
SEC. 30. — In all elections of marshal, when two or more
rsons shall have an equal number of votes, and a higher
mber than any other person, the Criminal Court of St.
buis county shall give the casting vote; and all contested
ections for such office shall be decided in the manner pre-
ribed in the case of contested elections for the office of
eriff.
SEC. 31.- The coroner of St. Louis county shall take
he place, and perform the duties, of marshal in similar cases
those where, by law, he is required to perform the duties
sheriff.
SEC. 32. The sheriff of the county of St. Louis shall
ttend the Circuit Court, the Court of Common Pleas and the
and Court of the county of St. Louis; and the marshal
hall attend the Criminal Court, the County Court, the Pro-
ate Court and Law Commissioner's Court of the county of
t. Louis; and all process issued by the Circuit Court of the
bunty, or judge or clerk of the same, or by the Court of
Common Pleas, or the judge or clerk of the same, or by the
and Court, or the judge or clerk of the same, shall be
erved and executed by the sheriff of St. Louis county; and
11 process issued by the Criminal Court, or the judge or clerk
hereof, and by the County Court of the county of St. Louis,
r by any justice or clerk thereof, and by the Court of Pro-
ate of St. Louis county, or the judge thereof, and by the
Law Commissioner's Court, or the judge or clerk of the same,
hall be served and executed by the marshal of St. Louis
ounty.
Approved November 17, 1855.
Tie in elec-
tion of mar-
shal, how de-
cided; con-
tions, how de-
tested elec-
termined.
Coroner to
perform the
duties of mar-
shal, when.
What courts
sheriff of St.
Louis shall at-
tend and exe-
cute process
of; what the
marshal.
CHAPTER CL.
SLAVES.
AN ACT CONCERNING SLAVES.
ARTICLE I.-OF THE INTRODUCTION OF SLAVES, AND POLICE REGULATIONS
CONCERNING THEM.
66
II. — OF THE EMANCIPATION OF SLAVES.
III. — OF RUNAWAY SLAVES.
1470
SLAVES.
CHAP. 15
Introduction
slaves into the
ARTICLE I.
OF THE INTRODUCTION OF SLAVES, AND POLICE REGULA-
TIONS CONCERNING THEM.
21. Introduction of certain slaves |
into the State prohibited.
2. Penalty for violating preceding
section.
3. Penalty for bringing into this
State slaves of non-residents.
4. Last section, how construed.
5. Further construction of four
last sections.
6. Penalty for hiring or harbor-
ing, contrary to the forego-
ing provisions.
7. Penalty on owner for hiring
one slave to another, per-
mitting to go at large, or
hiring out of his county.
8. Duties of sheriff, coroner, con-
stable, in reference to the
third and seventh sections.
9. Justice to issue his warrant to
apprehend slave at large, or
hiring his own time, when.
10. On hearing of the case, may
commit him to county jail.
11. Owner not appearing and com-
plying with terms of this act,
sheriff to advertise, how.
12. Upon what condition may be
delivered to owners; recog-
nizance to be given.
13. Recognizance, how taken; con-
dition of.
14. Owner not appearing, slave
may be sold, how.
15. Proceeds of sale, how appro-
priated.
16. Construction of certain sections.
17. Penalty on master permitting
slave to sell spirituous li-
quors to another slave.
18. Slave harboring or concealing
other slaves, how punished.
21.
22.
Gun or other weapon found
possession, how disposed o
How punished for riots, sed
tious speeches, &c.
23. Penalty on master or own
permitting slave of anothe
to remain on the place with
out leave.
24. Penalty for permitting mor
than five slaves to be on th
place at one time, with o
without leave.
25. Penalty on white person, fre
negro or mulatto, if found a
an unlawful assembly of, o
harboring, slaves.
26. Duty of justices of the peac
in such cases.
27. Duty of sheriff,
28.
29.
30.
coroner o
constable, in such case.
Penalty for neglect.
How punished for disturbin
religious congregations.
Penalty on ferrymen, &c., wh
shall cross a slave without
permit, over the Mississipp
river.
31. Penalty on owner or master o
boats, &c., for carrying slave
out of the State, or from on
place to another, withou
permit.
32. Boat or vessel made liable, how
proceeded against.
33. Penalty for trading with slaves
without permit.
34. Penalty for removing slave:
without the State, by per
sons not having absolute righ
thereto.
35. Construction of the term 'mas
ter,' as used in this article.
Court to give this act in charg
to grand jury; their duty.
Presentments cognizable by a
justice of the peace, how
proceeded in.
19. Slaves leaving home without a
pass, &c., punished.
36.
20. Coming on the plantation of
another, without leave, may
37.
be punished.
Be it enacted by the General Assembly of the State of Mis
souri, as follows:-
SECTION 1.Hereafter no person shall bring, or cause to
of certain be brought, into this State, or hold, purchase, hire, sell o
State prohi- otherwise dispose of, within the same: First, Any slave who
shall have committed, in any other State, Territory or dis-
bited.
SLAVES.
1471
IAP. 150.
ny
ict, within the United States, or in any foreign country, any
fence, which, if committed in this State, would, according
the laws thereof, be a felony or infamous crime; or, Second,
slave who shall have been convicted, within this State, of
y felony or infamous crime, and ordered to be taken or re-
oved out of the State, according to the laws thereof; or,
hird, Any slave who shall have actually removed out of this
tate, after a conviction of felony or infamous crime, although
border for such removal shall have been made; or, Fourth,
ny person, or the descendant of any person, who shall have
een imported into the United States, or any of the Territo-
es thereof, in contravention of the laws of the United
tates, and held as a slave. (a)
SEC. 2.—Every person who shall knowingly violate any
If the provisions of the last section shall be punished by fine,
ot exceeding five hundred dollars, to be recovered by in-
ictment.
SEC. 3.-Every person who shall bring into this State,
nd hold to service or hire, to labor therein, any slave be-
onging to any person, not a resident of, or bonâ fide emi-
rant to, this State, shall be punished by fine, not exceeding
wo hundred and fifty dollars, to be recovered by indictment.
SEC. 4. The last section shall not be construed to extend
See, note a (page
Catiche v. St. Louis
be acquired by pre-
Little v. Chauvin,
(a) The statutes concerning slaves were not revised.
093) to act concerning free negroes and mulattoes.
Circuit Court, 1 Mo. Rep., 434. Title to a slave may
cription, when the possession commences in good faith.
bid, 447. Vide, Nash v. Primm, Ibid, 125; Mann v. Trabue, Ibid, 508.
Adverse possession of slaves of an intestate, when there was no person ca-
pable of suing, does not give title, although of many years' length. McDo-
hald v. Walton, 1 Mo. Rep., 521. Vide, Rennick v. Chloe, 7 Mo. Rep., 197.
If a person hire a slave for a year, and the slave die during the time, the
hirer is bound for the hire only to the time of the death. Dudgeon v. Teass,
Mo. Rep., 857. Vide, Broadwater v. Darne, 10 Mo. Rep., 277; Trimble
. Hensley, Ibid, 309; Marr v. Hill, Ibid, 320; Maddin v. Edmondson, Ibid,
543; Adams v. Childers, Ibid, 778. Slavery may exist without any positive
aw authorizing it. Chouteau v. Pierre, 9 Mo. Rep., 3; Charlotte v. Chou-
teau, 11 Mo. Rep., 193. If a person sell intoxicating liquors to a slave,
without permission from his master, owner or overseer, by which he is made
drunk, and of which he dies, such person is liable to the owner for all the
lamage that may thence ensue. Skinner v. Hughes, 13 Mo. Rep., 440. Vide,
Cathcart v. Foulke, Ibid, 561. A person who employs the slave of another,
without the master's permission, to perform the labor for him, which ex-
poses the life of the slave to danger, must bear the consequences of such
engagement; and if the slave is killed by the effects of the business or em-
ployment in which he has been engaged, the person so employing him must
pay his value to his master. Garneau v. Herthel, 15 Mo. Rep., 191. Vide,
Stearns v. McCullough, 18 Mo. Rep., 411; Davis v. Evans, 18 Mo. Rep.,
249; Steel v. Brown, 19 Mo. Rep., 312.
*M2- VOL. II.
*
Penalty for
violating pre-
tion.
ceding sec-
Penalty for
bringing into
slaves of non-
this State
residents.
Last section
construed.
1472
SLAVES.
Construc-
last sections.
CHAP. 15
to any person who shall acquire a right to a slave within th
State from a resident thereof, and shall remove such slav
out of the State within three months after he acquires.
right to possession; nor to any person who shall introduce
slave, the owner whereof intending, at the time, to emigrat
thereto, shall actually remove to, and settle in, the State
within twelve months after bringing in such slave; nor to an
citizen of this State who shall hire a slave or slaves for hi
own use, and not to be hired to others.
SEC. 5.-Nothing in the four last sections shall be con
tion of four strued to prevent any person from bringing into this Stat
any slave, for the purpose of passing through the same, of
for a short time abiding therein, if such slave be not kep
within the State for a longer period than six months, and
during the time he shall remain therein, shall be kept in th
employment of the person by whom he was brought into the
State, and not sold or hired to labor, nor attempted to b
sold or hired to labor therein.
Penalty for
boring, con-
SEC. 6.-Every person who shall knowingly hire, harbo
hiring or har- or employ, any slave brought into this State, in violation of
trary to the either of the foregoing provisions, shall forfeit and pay five
foregoing pro- dollars for every day any such slave shall be so hired, har-
bored or employed, by him, to be recovered, by action of
debt, in the name and to the use of the county.
visions.
Penalty on
owner for
hiring one
slave to an
other, &c.
Duties of
SEC. 7.-Every master or owner of a slave who shall hire
such slave to any other slave, or permit or suffer him to go
at large upon the hiring of his own time, or to act or deal
as a free person, or to hire himself, within this State, shall
pay not less than twenty nor more than one hundred dollars
for each offence, to be recovered by indictment, to the use of
the county.
SEC. 8.— Whenever any sheriff, coroner or constable,
sheriff, coro- shall discover, within his county, any slave going at large, or
ner
or con-
stable, in re- hired, contrary to the third or seventh sections of this article,
ference to it shall be his duty, and it shall be lawful for any other per-
the third and
seventh sec-son, to arrest any such slave and take him before a justice of
the peace, without warrant.
tions.
Justice to
rant to appre-
SEC. 9. Whenever any justice of the peace shall receive
issue his war- satisfactory information that any such slave is so at large, or
hend slave, hired, within his county, he shall immediately issue his war-
rant to apprehend and bring such slave before him.
&c., when.
SLAVES.
1473
AP. 150.
SEC. 10.
Whenever any slave shall be arrested and
ought before any magistrate, under the foregoing pro-
ions, such magistrate shall inquire into the facts, and if it
pear that such slave has been going at large, or hired, con-
ry to any of the provisions of this article, he shall com-
t such slave to the common jail of the county, there to
main until discharged by due course of law.
On hearing
of the case,
may commit
such slave to
county.
the jail of the
Owner not
appearing and
terms of this
SEC. 11. If the owner of such slave shall not appear
d comply with [the] terms declared in the next section,
complying
thin ten days after the commitment, the sheriff shall pub- with the
h, for three weeks successively, in some newspaper printed act, sheriff to
or nearest to the county, an advertisement, containing a advertise,
scription of such slave, the cause of commitment, and the
me of the owner, if known.
SEC. 12. Such slave may be delivered to the owner by
der of the circuit court of the county, or the judge thereof
vacation, if the application be made on or before the
cond day of the first term of such court, next to be holden
fter the publication of the advertisement provided for in the
st section, such applicant first paying the costs and ex-
enses of the proceedings, and entering into a recognizance,
provided for in the next section.
SEC. 13. Such recognizance shall be in the sum of five
undred dollars, with one or more securities, to be approved
y the court or judge, conditioned that the slave shall not
gain go at large, or be hired, contrary to the provisions of
his act; if the owner of such slave be not a resident of this
tate, the recognizance shall contain a further condition, that
he slave be removed out of the State without delay, and not
eturn thereto within three years.
SEC. 14.-If the owner of such slave do not appear
ithin the time prescribed by the twelfth section, and com-
ly with the terms above prescribed, the county court shall
hake an order for the sale of such slave, which shall be
xecuted by the sheriff, who shall proceed therein as in sales
f personal property under execution.
how.
Slave may
be delivered to
owner, how;
recognizance
to be given.
Recogni-
zance, how
taken: condi-
tion thereof.
Owner not
appearing,
slave may be
sold, how.
Proceeds of
propriated.
SEC. 15. The proceeds of such sale shall be applied,
irst, to the payment of all costs and expenses, including five sale, how ap-
er centum to the sheriff for his commission; one-fourth of
he residue shall be paid into the county treasury, and the
1474
SLAVES.
Construction
of last eight
sections.
Penalty on
master per-
CHAP. 15
other three-fourths shall be paid to the owner of the slav
on his application to the court therefor.
SEC. 16.-Nothing contained in either of the eight la
sections shall be construed to discharge or exempt any pe
son from any fine or forfeiture, hereinbefore declared, for
violation of the provisions of this act.
SEC. 17.-Every master or owner of a slave, who sha
mitting slave permit or suffer such slave to sell, barter or deliver, an
to sell spiritu- vinous or spirituous liquor to any slave, or any other perso
shall be punished by fine, not exceeding three hundred do
lars, to be recovered by indictment.
ous liquors to
another slave.
Slave har-
boring or con-
SEC. 18.-Every slave who shall harbor or conceal an
cealing other slave who shall have absented or deserted from the servic
slaves, how of his master, overseer or employer, shall be punished b
punished.
stripes, not exceeding thirty-nine, upon a trial and convic
tion before a justice of the peace.
Slaves leav-
ing home
pass, &c.,
punished.
SEC. 19. Any slave who shall go from the tenements
without a his master, or other person with whom he lives, without
pass, or some letter or token whereby it may appear that h
is proceeding by authority of his master, employer or over
seer, may be apprehended by any person, and, being carrie
before a justice of the peace, shall, by order of such justice
be punished with stripes, in the discretion of such justice.
Coming on
plantation of
SEC. 20.—If any slave shall come and be upon the plant
another with- ation of any person, without permission in writing from hi
outleave, may owner or overseer, not being sent upon lawful business, th
be punished.
owner or occupier of such plantation may cause such slave
for every such offence, to be whipped, not exceeding twent
lashes.
Gun or other
weapon found
in possession
of slave, how
disposed of.
Punished for
riots,
&c.
routs,
SEC. 21.- Any gun, or other offensive or defensiv
weapon, found in the possession of a slave, may be seized
by any person, and, upon proof of such seizure before
justice of the peace of the county where the same shall hav
been made, such gun or weapon shall be, by the order of such
justice, adjudged and forfeited to the seizer, for his own use
and such slave shall receive, by order of the justice, an
number of lashes not exceeding thirty.
SEC. 22. — All riots, routs and assemblies, and seditiou
speeches of slaves, and insolent and insulting language of
slaves to white persons, shall be punished with stripes, at the
SLAVES.
1475
HAP. 150.
scretion of a justice of the peace; and it shall be lawful
r any person, without further warrant, to apprehend slaves
offending, and carry them before the justice.
SEC. 23. If any master or mistress, or overseer, of a
mily shall, knowingly permit or suffer any slave, not be-
onging to him or her, to be and remain upon his or her plant-
tion or premises, above four hours at any one time, without
he consent or permission of the owner or overseer of such
ave, such master, mistress or overseer, so permitting the
ame, shall forfeit and pay to the owner or overseer of such
lave, five dollars for every such offence, to be recovered by
ction for debt.
SEC. 24. Any owner or overseer of a plantation or
enement, who shall permit or suffer more than five slaves,
ther than his own, to be and remain upon his plantation or
enement at any one time, with or without the consent of the
wner or overseer of such slave, shall forfeit and pay one
lollar for each slave above that number, to the informer, to
be recovered by action of debt, unless such slaves have met
together on Sunday, at public worship, or on any other
ay, for the purpose of laboring, or some other lawful
purposes.
SEC. 25. If any white person, or free negro or mulatto,
hall be found in the company of slaves at any unlawful
meeting, or shall harbor or entertain any slave without the
consent of his or her owner or overseer, such white person,
ree negro or mulatto, shall forfeit to the informer ten
Hollars for every such offence, to be recovered by action of
lebt; and, if a free negro or mulatto, shall receive any num-
ber of lashes, not exceeding thirty, by the order of any
ustice of the peace before whom he or she shall be
carried. (a)
Penalty on
master or
owner permit-
ting slave of
main on the
place without
another to re-
leave.
Penalty for
more than five
permitting
slaves to be on
the place at
one time, with
or without
leave.
Penalty on
white person,
&c., if found
at an unlawful
or harboring,
assembly of,
slaves.
Duty of jus-
tices of the
peace in such
SEC. 26.-Every justice of the peace, upon his own know-
edge of any unlawful meeting of slaves, or of slaves and
free negroes or mulattoes, or information thereof, within ten cases.
Hays thereafter, shall issue his warrant to apprehend such
free negroes or mulattoes, and cause them to be brought be-
(a) See, the "Act respecting slaves, free negroes and mulattoes," pub-
ished under title, "Negroes and mulattoes," on pages eleven hundred and
eleven hundred and one.
1476
SLAVES.
CHAP. 14
What offi-
eers shall
tice without a
warrant.
fore himself, or any other justice of the county, to be de
with as this act directs.
SEC. 27. — Sheriffs, coroners or constables, upon a kno
bring offend-ledge or information of any unlawful meeting of slaves
ers before jus- free negroes and mulattoes, in [or of] any riot, rout or u
lawful assembly thereof, shall endeavor to suppress the san
and shall, without further warrant, bring the offenders befo
some justice of the peace of the county, to be dealt with
this act directs.
Penalty for
failing to com-
section.
SEC. 28. —Any sheriff, coroner or constable, who, up
ply with last knowledge or information, shall neglect or refuse to comp
with the requisitions of the foregoing section, shall forf
for every such offence, to the informer, ten dollars, to
recovered by action of debt.
How punish-
ed for disturb-
tions.
SEC. 29. —Any slave who shall, by noise, riotous or diso
ing religious derly conduct, or otherwise, disturb any religious congreg
congregation, assembled for the purpose of public worship, may
apprehended by any person, and forthwith carried befo
any justice of the peace of the county, who shall examin
into the truth of the charge, and, being satisfied with t
truth thereof, shall cause such slave to be whipped, not e
ceeding thirty-nine lashes.
Penalty on
ferryman, &c.,
pi river.
SEC. 30.- Any ferryman, or other person, who sha
for crossing cross any slave from this State across the Mississippi rive
slave without unless such slave has a pass or permit, in writing, from h
a permit over
the Mississip-master or mistress, overseer or employer, particularly direct
to such ferryman or other person, shall forfeit and pay to tl
owner or employer, for the use of the person injured, a
damages and costs which may accrue to the owner or en
ployer of such slave, and the value of such slave in additio
thereto, to be recovered by action on the case. (a)
(a) The following sections will be found in an act, approved March fiv
one thousand eight hundred and fifty-five, entitled, "An act to establish
ferry across the Mississippi river, at a point in Marion county, opposite th
city of Quincy, Illinois:
SECTION 10. That any ferryman, or keeper of a ferry, on the Missi
sippi or Des Moines river, in this State, who shall cross a slave, or perm
any slave to be crossed at his ferry, without written permission from th
master or owner of said slave, shall forfeit and pay to the owner of sai
slave double the value of said slave, to be recovered in a civil action.
SEC. 11. That any person, who is the keeper of a ferry across any rive
or water-course in this State, who shall suffer or permit any slave to cros
at his ferry, without a written consent or direction from the master c
owner of said slave, shall forfeit and pay to the owner of said slave
sum, not exceeding the value of said slave, to be recovered in a civil action
SLAVES.
1477
HAP. 150.
A
-
SEC. 31. Any master, commander or owner, of any boat
other vessel, who shall transport any slave out of this
tate, in such vessel, or from one point or place in this State
any other point or place in the same, in such vessel, with-
at the consent or permission of the person to whom such
ave does of right belong, or who has authority to grant
ch consent or permission, shall forfeit and pay the value of
ch slave to his owner, to be recovered by action of debt,
ithout prejudice to the right of such owner to his action at
bmmon law. (a)
Penalty on
Owner or mas-
ter of boats,
&c., for carry-
ing slaves out
of the State,
&c., without
a permit.
1840-1, p. 146.
Boat or res-
sel made lia-
ble;
against.
how
SEC. 32.- Every boat or vessel, used in navigating the
aters of this State, whose master, owner or commander,
hall violate the preceding section, shall be liable to the same proceeded
xtent that such master, owner or commander, is; and such
bat or vessel may be proceeded against for the recovery of Ibid, p. 146-7.
ach liability, according to the provisions of the act entitled,
An act concerning boats and vessels," without prejudice to
hy right of action at common law.
SEC. 33. Any person who shall buy of, sell to, or receive
rom, any slave, any commodity whatsoever, without the con-
ent in writing of the master, owner or overseer, of such
ave, first had and obtained, or who shall deal with any
ave, without such consent, shall forfeit to the master, owner
r overseer, of such slave, four times the value of the com-
odity so bought, sold or received, to be recovered by
ction of debt, with costs; and shall, also, forfeit to the
ounty in which the offence was committed, twenty dollars,
o be recovered by indictment. (b)
SEC. 34.- Any person migrating beyond the limits of this
tate, with an intention there to reside, who shall convey
way with him any slave, or other personal property, not
aving, at the time of the removal of the same, the unlimited
nd absolute title and interest in such slave, or other per-
onal property, or the consent of all persons interested, to
uch removal, shall forfeit all his right, title and interest, in
(a) In an action against the captain of a steamboat, for taking away a
ave on his boat, it is not necessary to show that he knew the person to
a slave. Eaton v. Vaughan, 9 Mo. Rep., 734. Vide, Price v. Thornton,
O Mo. Rep., 135; Calvert v Rider, 20 Mo. Rep., 146.
e
(b) Markley v. State, 10 Mo. Rep., 291. Hiring a slave to maul rails,
ithout the written consent of his master, is not a dealing with the slave,
ithin the meaning of this section. State v. Henke, 19 Mo. Rep., 225.
Penalty for
slaves without
trading with
permit.
Penalty for
removing
slaves without
the State, by
having the ab-
solute right to
persons not
such slaves.
་
1478
SLAVES.
Construction
of the term
"master," as
CHAP. 14
such slave, or other personal property; which forfeited rig
title and interest, shall immediately vest in the person entit
in remainder or reversion, absolutely.
SEC. 35. The term "master," as used in this artic
shall be construed to include every person who, at the tim
used in this shall have the possession and control of a slave, whether
be owner or bailee, or have the general or special proper
in his own right, or in right of another.
article.
Court to give
this act in
charge to
grand jury.
Presentment
cognizable by
justice of the
peace, how
proceeded in.
How slaves
cipated.
SEC. 36. The circuit courts, at each term, shall give t
article in special charge to the grand jury, whose duty
shall be to make diligent inquiry and presentment of all v
lations of the provisions of this article.
SEC. 37.—Whenever a grand jury shall make presentme
of any violations of this article, cognizable before a justi
of the peace, such presentment shall be certified to some ju
tice of the proper township, who shall immediately proce
thereon, according to the foregoing provisions.
ARTICLE II.
OF THE EMANCIPATION OF SLAVES.
? 1. How slaves may be emanci- | 5. To deliver to him a copy of
pated.
2. Effect of such emancipation.
3. Slaves emancipated, liable to be
taken in execution in certain
cases.
4. Person emancipating slave, lia-
ble for his support, in what
cases.
act of emancipation; how c
tified, &c.
6.
7.
Emancipation by will, co
made out and delivered.
Fees of clerk for making
such copies, by whom pai
8. Taxes on emancipated slav
how and by whom paid.
SECTION 1.- Any person may emancipate his or her slav
may be eman by last will, or any other instrument in writing, under t
hand and seal, attested by two witnesses, and proved in t
circuit court of the county where he or she resides, or a
knowledged by the party in the same court. (a)
Effect of such
emancipation.
Slares eman-
cipated liable
to execution,
when.
SEC. 2. Such emancipation shall have the effect to d
charge the slave from the performance of any contract e
tered into during servitude, and shall make such slave
fully and perfectly free, as if such slave had been born fre
SEC. 3.-Slaves emancipated by virtue of this law, sh
be liable to be taken in execution to satisfy any debt co
(a) See, section twenty-six, article three, of the Constitution of this Sta
It is not the policy of slave States to favor the liberation of slaves. Cha
lotte v. Chouteau, 11 Mo. Rep., 193.
SLAVES.
1479
HAP. 150.
acted by the person emancipating them, prior to the act of
mancipation, as if no such act had been made.
SEC. 4.The person emancipating a slave, in virtue of
is law, shall be held to support and maintain such slave:
irst, Where the slave shall not be, in the judgment of the
urt, of sound mind and body; Second, Where the slave
all be above the age of forty-five years; and, Third, Where
e slave, being a male, shall be under the age of twenty-one
ears; or, being a female, shall be under the age of eighteen
ears; and the circuit court of the county where the person
mancipating the slaves resides, may, upon application of any
habitant of the county, order the sheriff to distrain and sell
much of the personal or real estate of such person as
all be sufficient for that purpose.
SEC. 5.-Every person emancipating a slave shall cause
be delivered to him or her, a copy of the act of emancipa-
on, attested by the clerk, and the seal of the court in which
e act was proved or acknowledged.
SEC. 6.—When the emancipation has been by last will,
le executor or administrator of the testator shall cause to
e delivered a copy, as is required in the last preceding
ction.
SEC. 7.-The clerk, making out and attesting such copies,
all receive the like fees as are allowed for attested copies
other cases, to be paid by the person emancipating, or his
her executor or administrator.
SEC. 8.- When any slave, emancipated by virtue of this
et, shall neglect or refuse to pay any taxes or levies imposed
law, and the collector shall not find property of such libe-
ted slave out of which to make such tax or levy, it shall be
e duty of such collector to distrain and sell, of the goods
hd chattels of the person who shall have liberated such
ave, if he be in his county, as much as will be sufficient to
by such tax or levy, as if the same had been assessed to
ch person himself.
Person eman-
liable for his
cipating slave
support, in
what cases.
To give slave
attested copy
of the act of
emancipation.
Emancipa-
tion by will,
copy deliver
ed.
Fees of
clerks for
such copies,
by whom paid.
Taxes or
levies imposed
on slaves
emancipated,
whom paid.
how and by
ARTICLE III.
OF RUNAWAY SLAVES.
1. Slave suspected of being a run-13 2. Justice to grant such appre-
away may be taken before a
justice of the peace.
* N VOL. II.
hender a warrant to deliver
the slave to the owner, when.
1480
SLAVES.
Negro, &c.,
may be taken
CHAP. 15
2 3. To grant a warrant to deliver | 12. Statement to be examined
such runaway to the keeper
of the county jail, when.
4. When and in what cases justice
to issue his warrant to appre-
hend runaway slave.
5. Person committed to jail as a
runaway, sheriff to advertise,
and how.
6. Sheriff to advertise such runa-
way in newspaper, when.
7. If owner do not appear in twelve
months after advertisement,
slave to be sold; notice of
sale, how given, &c.
8. Proceeds of sale, after deduct-
ing expenses, to be paid into
the State treasury.
9. If owner prove property in
such slave, to draw the mo-
ney from the treasury, when.
10. What shall be required of
claimant before runaway shall
be delivered up to him.
11. When runaway is sold, dupli-
cate statements to be made
out by sheriff; their contents.
county court, and amount a
certained to be certified
clerk, under seal, to the A
ditor of Public Accounts.
13. When the money is paid in
the treasury, sheriff to tal
Treasurer's receipt and pr
sent it to the Auditor, &c.
14. Person claiming such runawa
to petition circuit court; pr
ceedings.
15. If issue found for claiman
court to grant a certificat
Auditor, on presentati
thereof, to draw his warran
Reward to person apprehendi
16.
17.
18.
19.
runaway, how paid.
Such fees to be paid to sheri
when; sheriff liable to pa
them, when.
Who declared to be a runawa
Court or judge may discharg
person apprehended, when.
20. In what cases, and when, e
penses and jailer's fees to
paid by the State.
SECTION 1.-Any person may apprehend any negro
before a jus- mulatto, being, or suspected of being, a runaway slave, an
take him or her before a justice of the peace. (a)
tice, when.
Justice shall
hender a war-
SEC. 2. If it shall appear to such justice, by the oath
grant appre- the person apprehending, or otherwise, that the person s
rant to deliver brought before him is a runaway slave, he shall make ou
owner, when. and deliver to the person apprehending such slave, a certif
the slave to
To grant a
warrant to de-
liver such run-
away to coun-
ty jail, when.
cate of the distance between the place where such runawa
was apprehended and the place whence, he or she fled, an
may grant to such person a warrant to convey and delive
such runaway to the owner, or person entitled to possession
SEC. 3.—If the owner, or person entitled to possession,
not known, then such justice shall make out and deliveri
the apprehender a warrant to such apprehender, to tak
convey and deliver, such runaway slave, together with th
warrant, to the sheriff or keeper of the common jail of th
county in which such justice resides.
(a) Where a person hires a slave for a certain time, and agrees to retur
the slave at the end of that time, and the slave, in the mean time, ru
away, without the fault of the hirer, who uses due diligence to prevent t
escape and to retake the slave, but without success, he will only be liable f
the hire, and not for the return of the slave. (Ellett v. Robb, 6 Mo. Rep
323, affirmed.) Perkins v. Reeds, 8 Mo. Rep., 33; Perry v. Beardslee,
Vide, Dougherty
Mo. Rep., 568; Beardslee v. Perry, 14 Mo. Rep., 88.
Tracy, 11 Mo. Rep., 62.
SLAVES.
1481
AP. 150.
SEC. 4.When any justice of the peace shall have cause
suspect, from information, or upon his own knowledge,
at any runaway slave is lying out, hid or lurking, in his
unty, such justice shall issue his warrant, reciting the name
the slave, and his owner, (if known,) directed to the sheriff,
any constable in his county, commanding such sheriff or
astable to apprehend such slave and commit him to the jail
the county, to be dealt with according to law.
SEC. 5.-When any slave shall be committed to any jail
a runaway, according to law, the sheriff of the county shall
thwith cause an advertisement to be put up at the court-
use door, which advertisement shall give a description of
e runaway, his or her name, wearing apparel, and the name
d place of residence of the person to whom such runaway
supposed to belong.
SEC. 6. If the owner, overseer or employer, of any
naway slave, committed to jail, shall not, within two
onths after such commitment, appear and claim such runa-
ay, and pay all lawful charges incurred in the apprehen-
on and securing of him or her, the sheriff shall then pub-
h a like advertisement, in some newspaper published in the
tate.
Justice to
issue his war-
rant to appre-
hend runaway
and in what
slave, when
cases.
Person com-
mitted to jail
as a runaway,
sheriff to ad-
vertise, and
how.
Sheriff to
advertise such
newspaper,
runaway in a
when.
Slave shall
be sold, if
owner do not
a year.
SEC. 7.-If the owner, overseer or employer, of such
naway, shall not appear and establish his claim to such
naway within twelve months after the first publication, re-appear within
ired by the last preceding section, and pay all lawful
harges, the sheriff shall sell such runaway to the highest
dder, at the court-house door, first giving one month's no-
ce of the time, place and cause of such sale, in some news-
per published in this State.
SEC. 8.-The sheriff, after deducting the legal expenses
apprehending, securing, advertising and selling such run-
way, shall pay into the State treasury the remaining pro-
beds of such sale.
SEC. 9. — If the owner prove his property in such runa-
ay, at any time within five years after the day of sale, such
wner shall be entitled to draw from the treasury the amount
f proceeds paid over by the sheriff.
Notice of
sale.
Net proceeds
of sale to be
treasury.
paid into State
Owner may
draw the mo-
sury, when.
ney from trea-
ed of claimant
SEC. 10. Before any runaway slave, in custody by vir- What requir-
he of this law, shall be delivered up to any claimant, such before slave
laimant shall: First, Prove, by the affidavit of some disin-delivered up.
1482
SLAVES.
When runa-
way is sold,
be made out
CHAP. 1
terested witness, that such claimant has lost such a slave
the one described in the advertisement, which affidavit sh
be taken before some competent officer, in the county whe
the slave was committed to jail; Second, Make oath that t
runaway is the same that he lost; Third, Give bond, w
security, to indemnify the sheriff; Fourth, Produce a cert
cate of the proof made, and security given, under the seal
the court, or hand of the officer, before whom the same sh
have been taken; and, Fifth, Pay all expenses incurred
apprehending, receiving, securing and advertising, the rur
way; but the proper agent of any person claiming, m
claim, prove and receive, such runaway, in the like mann
as the owner is herein enabled to.
SEC. 11.- When any runaway slave shall be sold,
duplicate herein before directed, the sheriff shall make out duplica
statements to statements, showing the name, age, and particular descri
tion of the runaway so sold, and a particular account of t
expenses of apprehending, keeping, advertising and sellin
such slave, together with a copy of the advertisement.
by sheriff, &c.
Amount to
be paid into
the treasury,
to be certified
to the Audit-
or, &c.
Sheriff to
take Treasur-
to Auditor.
Person
claiming such
money to pe-
SEC. 12. The county court shall examine and audit su
statement, and ascertain the amount to be paid into the tre
sury, and cause their clerk to certify the same, under t
seal of the court, to the Auditor of Public Accounts, w
shall charge the sheriff therewith.
SEC. 13. — The sheriff shall pay such amount into t
er's receipt State treasury, and the Treasurer shall give receipts theref
and present it accordingly, which, being presented to the Auditor, shall
by him credited to the sheriff and charged to the Treasure
SEC. 14. — Any person claiming any money paid into th
State treasury, by virtue of this act, may present his petitio
tition circuit to the circuit court of the county in which the runaway w
sold, setting forth the ground of his claim; and, havin
served a copy of his petition on the Attorney-General,
Proceedings. circuit attorney, who is required to appear and defend again
such petition, on the part of the State, the court shall caus
an issue to be made up and tried, as other issues, to try th
right between the claimant and the State.
court.
If issue be
found for the
claimant, cer-
tificate to be
granted.
SEC. 15.-If the issue shall be found for the claiman
the court shall grant him a certificate thereof, which bein
delivered to the Auditor of Public Accounts, he shall dra
his warrant for the amount, on the State treasury, in fave
SLAVES.
1483
HAP. 150.
the claimant, specifying in the warrant that it is drawn
virtue of this act and the certificate of the court; and
e amount shall be paid by the Treasurer out of any money
the treasury not otherwise appropriated; but no claimant
all be entitled to any greater sum out of the treasury, by
tue of this law, than was paid into the same, as the pro-
eds of the runaway claimed.
per-
Auditor, on
presentation
thereof, shall
draw his war-
rant, &c.
Reward to
person appre-
hending runa-
way, how
paid.
SEC. 16.-Every person who shall apprehend any runa-
y slave, and deliver such slave to the owner, or other
n entitled to receive such slave, or to any jailer in this
ate, shall be entitled to receive, if such slave were appre-
nded within this State, the sum of five dollars, and if with-
t this State, the sum of fifty dollars, and in either case,
n cents for every mile of such distance as he shall neces-
rily convey such slave; or such sum, in lieu thereof, as
e owner, or other person claiming such slave, may previ- p. 133.
sly have offered for the same services, at the election of
e person apprehending, to be paid by such owner, or per-
n claiming such slave, or by the sheriff, out of the proceeds
the sale.
SEC. 17. The sheriff shall, before delivering any slave.
the owner, or person claiming, require payment of the
es or charges allowed by the last preceding section, if he
hall have had notice thereof; and the sheriff having such
otice shall be liable to the party entitled, for the payment
hereof, at all events.
Acts 1843,
Such fees to
be paid to the
sheriff, when;
sheriff liable
to pay them,
when.
Who declar-
away.
SEC. 18.-Every slave who shall be found at any place
ore than twenty miles distant from the plantation, lot, tene-ed to be a run-
ent or other place, where such slave is employed, or re-
uired to be, by his or her owner, overseer or employer,
ithout a pass or permission to that effect, from such owner,
verseer or employer, is declared to be a runaway slave.
SEC. 19. Any court of record, or any judge thereof in
acation, may, at any time, order any person who has been
pprehended or imprisoned as a runaway slave, to be dis-
harged, on being satisfied that such person is not a runaway
ave; and, for that purpose, may cause such person to be
rought before them by a writ of habeas corpus.
SEC. 20.—When any person, committed as a runaway
lave, shall die in jail, or be discharged from custody by the
Court, or
judge, may
discharge per-
son appre-
hended, when.
Expenses to
be paid by the
State, when.
1484
SLAVES.
CHAP. 15
order of any court or judge, or upon a writ of habeas corp
the expenses of supporting such prisoner, and the jaile
fees, shall be paid by the State.
Approved March 5, 1845.
Reward for
arresting run-
away slave.
Owner re-
how to pro-
ceed.
AN ACT SUPPLEMENTARY TO "AN ACT CONCERNING SLAVES," APPROVED MAR
NINETEEN, ONE THOUSAND EIGHT HUNDRED AND THIRTY-FIVE.
31. Reward for arresting a runa- 7. Forging a pass, &c., abdu
way slave.
2. Owner refusing to pay reward,
how to proceed.
3. Taker up of a runaway slave
may deliver slave to sheriff.
How sheriff shall proceed upon
receiving runaway slave.
5. Bill of sale to be executed; pur-
chase-money, how applied.
6. Owner may prove title before
circuit judge; balance of pur-
chase-money to be paid him.
ing or enticing away, &c.
slave, how punished.
8. Free negro giving a pass,
abducting a slave, &c., h
punished.
9. This act to be published in t
papers in Illinois, annuall
pay therefor.
10. Sheriff liable, on his offic
bond, for money received
sale of slaves.
11. Repealing clause.
Be it enacted by the General Assembly of the State of Ma
souri, as follows:-
SECTION 1.— That any person who shall arrest a runawa
slave, belonging to any inhabitant of this State, shall be r
warded, as follows: For every such slave as shall be arreste
out of this State, and delivered to the master, or sheriff, (
the case may be,) as herein provided, the taker up shall
entitled to receive the sum of one hundred dollars, if sud
runaway be above the age of twenty, and fifty dollars,
under twenty years of age, and any larger amount that ma
have been offered, as a reward, by the owner of such slav
For every such slave as shall be arrested within this Stat
and delivered as herein provided, the taker up shall be ent
tled to receive the sum of twenty-five dollars, and any larg
amount that may have been offered, as a reward, by the owne
of such slave.
SEC. 2.-If any master of such runaway slave shall, o
fusing to pay, the offer of any taker up thereof to deliver to him such ru
away, refuse to pay, in a way satisfactory to the taker u
any amount offered by said master as a reward, or the amour
provided for in the preceding section, (as the case may be
then, and in that case, the taker up is hereby authorized t
SLAVES.
1485
CHAP. 150.
ake such runaway slave to the sheriff of any county in the
tate, who shall receive and dispose of the same as is pro-
ided in this act.
Taker up
may deliver
sheriff.
slave to the
How sheriff
shall proceed,
upon receiv-
ing runaway
slave; notice
SEC. 3. The taker up of any runaway slave may deliver
aid slave to the sheriff of any county in this State, and said
heriff is hereby authorized and required to receive said slave.
SEC. 4.On the reception of any runaway slave, by any
heriff in this State, under the provisions of this act, he shall
rovide for the safe-keeping of said slave, in any way he may
eem best; and shall, for three months, give notice by adver- to be given,
isement in three newspapers, in different portions of the State,
hat such slave is in his possession, describing him as fully as
e can do it, and requiring the owner to make application to
im for said slave, within the said three months, and pay all
charges incurred on account of said slave, or otherwise the
aid slave will be sold at public auction, for cash, on a certain
lay, and at a place to be fixed in said advertisement.
SEC. 5. On the sale of any such runaway, the sheriff shall
execute to the purchaser a bill of sale, which shall convey a
good title to the same; and out of the money received for
aid purchase, the sheriff shall retain the amount paid by him
o the taker up, and all other expenses necessarily incurred
n the safe-keeping and clothing of said runaway, together
vith a fee of ten dollars to himself; and the balance of the
purchase-money shall be retained by such sheriff for the owner
of said slave.
SEC. 6.—If, at any time after the sale of any runaway, by
the sheriff, as aforesaid, the owner may appear and prove, by
competent legal testimony, before a judge of any circuit
court in this State, that the slave so sold was his property,
the sheriff, on the presentation of the certificate of such
udge, by the owner, shall pay to him the amount of the pur-
chase-money, after deducting the reward, and all costs and
expenses incurred.
SEC. 7.-If any person shall forge for any slave a free
bass, or place in the possession of any slave any paper or
thing whatever, by which such slave may the more readily
escape from his master, and any person who may abduct or
entice, or attempt to abduct or entice, any slave away from his
master, such person shall, for every such offence, be subject
to an indictment in any court in the State having criminal
how.
Bill of sale to
be executed;
purchase-mo-
ney, how ap-
plied.
Owner may
before circuit
judge; ba-
lance of pur-
prove his title
chase-money
to be paid to
him.
Forging a
pass, &c., ab-
ducting or en-
ticing away,
&c., a slave,
how punished.
1486
SLAVES.
Free negro
giving a pass
or abducting
a slave, &c.,
how punished.
This act to be
published in
two papers in
Illinois; how
paid for.
Sheriff lia-
ble, &c., for
CHAP. 15
jurisdiction, and, on conviction thereof, shall be confined i
the penitentiary of the State for a term of years, not les
than five, nor more than ten.
SEC. 8.-If any free negro shall furnish to any slave an
papers of any kind, or any other thing, which may the bette
enable such slave to escape, or if any free negro abduct
entice, or attempt to abduct or entice, any slave from hi
master, such free negro, for every such offence, shall be sul
ject to indictment in any court in the State having crimina
jurisdiction, and, on conviction thereof, shall be confined i
the penitentiary of the State for a term of years, not les
than five, nor more than ten.
SEC. 9.It shall be the duty of the Governor of the State
immediately after the passage of this law, to select two news
papers, in different sections of the State of Illinois, in whic
he shall cause this act to be published for three months; an
said publication shall be made annually; and the expense
thereof paid by the Treasurer, out of any money in the trea
sury not otherwise appropriated.
SEC. 10.-The sheriff and his securities shall be liable o
money for sale his official bond for all moneys by him received for the sal
of runaway slaves.
of slaves.
Repealing
clause.
SEC. 11.- All acts, or parts of acts, with which this con
flicts, are hereby repealed.
This act to take effect from its passage.
Approved March 27, 1845.
Reward for
apprehending
limits.
AN ACT EXPLANATORY OF AN ACT ENTITLED "AN ACT SUPPLEMENTARY TO A
""
ACT CONCERNING SLAVES, APPROVED MARCH TWENTY-SEVEN,
THOUSAND EIGHT HUNDRED AND FORTY-FIVE.
8 1. Reward for apprehending runaway slave in certain limits.
ON
Be it enacted by the General Assembly of the State of Mis
souri, as follows:
SECTION 1.- Nothing in the act of which this is explana
runaway slave tory shall be construed to extend to a slave taken in th
in certain county in which he may run away, or in any adjoinin
county; but in case such slave be taken in the county, th
person apprehending such runaway shall receive five dollar
reward; and when apprehended in an adjoining county, te
STATE INTEREST FUND.
1487
HAP. 151.
llars reward, if the distance exceed twenty miles from the
sidence of the owner, or person in possession of said negro,
d five dollars, if under that distance.
This act to take effect from its passage.
Approved March 27, 1845.
I ACT SUPPLEMENTARY TO "AN ACT SUPPLEMENTARY TO AN ACT CONCERN-
ING SLAVES, APPROVED MARCH TWENTY-SEVEN, ONE THOUSAND EIGHT
HUNDRED AND FORTY-FIVE.
1. Balance of purchase-money for | 2. Liability of sheriff, on his offi-
runaway slave to be paid into
cial bond, for failure of duty
under this act.
State treasury.
e it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.— If the balance of the money, as referred to
the fifth section of the act to which this is a supplement,
hall remain in the hands of the sheriff over twelve months,
hen he shall pay the same into the State treasury, and shall
ake duplicate receipts; one he shall file with the Auditor of
Public Accounts, the other with the clerk of his circuit court,
o be recorded and filed by said clerk.
SEC. 2.- For any failure of duty by the sheriff, as re-
uired by this act, he shall be liable to the injured party, on
is official bond.
Approved March 12, 1849.
Balance of
purchase-mo-
ney for runa-
way slave to
be paid into
State trea-
sury.
Liability of
sheriff for fail-
ure of duty.
CHAPTER CLI.
STATE INTEREST FUND.
AN ACT TO SECURE THE PROMPT PAYMENT OF INTEREST ON STATE BONDS.
1. Interest fund constituted; of 5. Such stocks may be sold or hy-
what it shall consist.
2. On failure to pay interest on
certain state bonds, the same
shall be paid from the fund
3. Commissioners of the fund ap
pointed; their duties and
powers.
4. Principal and interest of fund
to be invested in stocks.
pothecated, when; bonds, mo-
neys, &c., deposited, where.
6. Fund declared sacred, and pub-
lic faith pledged for its pro-
per application.
7. Compensation of the commis-
sioners.
8. Construction of this act de-
clared.
*
N 2
VOL. II.
1488
STATE INTEREST FUND.
Interest fund
eonstituted; of
consist.
CHAP. 14
Be it enacted by the General Assembly of the State of M
souri, as follows:-
SECTION 1.— There is hereby set apart, on the first d
what it shall of July, one thousand eight hundred and fifty-six, from a
moneys in the State treasury not otherwise appropriated, t
sum of two hundred thousand dollars, as the basis of a Sta
interest fund, and the further sum of one hundred thousa
dollars, annually, thereafter, out of the gross revenue of t
State, for the period of thirteen years; which said fund sha
be denominated "The State Interest Fund."
On failure to
pay interest
on
the same to
be paid from
the fund.
SEC. 2.-In case any railroad company to which t
certain credit of the State has been loaned shall fail to deposit wi
State bonds, the Treasurer of the State a sum sufficient to meet any int
rest to fall due upon any State bonds, or upon any bon
guaranteed by the State, thirty days prior to the time whe
the said interest shall become due, it shall be the duty of th
Auditor and Treasurer, hereinafter mentioned, to pay to th
Treasurer of State, out of the State interest fund hereb
created, the amount of money sufficient to enable said Trea
surer to pay said interest promptly at maturity; and whe
such delinquent railroad company shall repay to the Trea
surer of State the amount so paid for such company, with in
terest thereon, the same shall be repaid by said Treasure
into the said "State Interest Fund."
Commission-
ers of the fund
appointed;
their duties
and powers.
Principal
and interest of
stocks.
SEC. 3.-The Treasurer of State and the Auditor of Pub
lic Accounts, and their successors in office, are hereby created
commissioners of said "State Interest Fund;" and they shal
have the exclusive control, custody and care of the same, and
it shall be their duty to keep separate accounts of said fund
and make annual reports to the Governor of the condition of
said fund.
SEC. 4.-The said commissioners shall invest the said sum
fund to be in- of two hundred thousand dollars, and the said annual appor-
vested in tionment of one hundred thousand dollars, in the seven per
cent. bonds of the State of Missouri, or in the bonds of the
United States, or such other States as the General Assembly
of this State may, from time to time, designate; and the in-
terest accruing, from time to time, on said bonds, shall be in-
vested in such bonds, and shall be added to, and form part
of, the said "State Interest Fund."
May be sold
or hypotheca-
ited, when.
SEC. 5. The said commissioners shall have power to sell
STATE LIBRARY.
1489
HAP. 152.
r hypothecate the whole, or any part, of the bonds belonging
said fund, to procure ready money to meet any demand.
hich may be made upon such fund, under the provisions of
he second section of this act. The bonds, moneys and pa-
ers, belonging to said fund, shall be deposited in the State where de-
reasury, under the immediate care and custody of the Trea-
urer of State, for the time being.
SEC. 6.The fund created by this act is hereby declared
o be sacred and inviolable for the purposes contemplated by
his act; and the General Assembly hereby pledge the public
aith of the State of Missouri, that the fund hereby created
hall not be diverted or applied to any other purpose what-
soever, until the principal and interest of all the State bonds
ssued and to be issued, or guaranteed under existing acts,
shall be fully paid and redeemed in good faith.
SEC. 7. The commissioners of said "State Interest
Fund" hereby created, shall receive such compensation for
their services as the General Assembly of this State shall,
from time to time, prescribe by law.
SEC. 8. This act shall not be construed to alter, modify
or repeal, any former acts of the General Assembly, loaning
the credit of the State to the railroad companies, respectively;
nor shall the Governor be authorized to issue any bonds of
the State to such railroad companies, while such company or
companies shall fail or refuse to repay to the Treasurer of
State any advances of interest due by said company or com-
panies to said "State Interest Fund."
This act to take effect and be in force from and after its
passage.
Approved December 7, 1855.
Bonds, &c.,
posited.
Fund declar-
public faith
pledged for
ed sacred, and
its proper ap-
plication.
Compensa-
tion of com-
missioners.
Construction
of this act de-
clared.
CHAPTER CLII.
STATE LIBRARY.
AN ACT FOR THE REGULATION AND MANAGEMENT OF THE STATE LIBRARY.
ez
8 1. Clerk of Supreme Court, ex 2. Duty of librarian; Secretary
officio, librarian; to have the
of State to deliver to him all
custody of books, &c.
books, reports, &c.
1490
STATE LIBRARY.
CHAP. 152
? 3. Where miscellaneous and law | 12. When rooms shall be opened
libraries shall be kept.
4. Librarian authorized to procure
books.
5. Appropriation for library.
6. Law library to be under the
control of the Supreme Court.
7. How librarian shall apply the
remainder of money annually
provided.
8. Assistants shall be appointed,
how and when; compensa-
tion of.
9. Duty of Auditor of Public Ac-
counts.
who privileged to take bool
from the rooms.
13. Duty of librarian and Audito
when books are not returned
14. Penalty for violation of thi
act, how recovered.
15. Secretary of State shall se
Decisions of Supreme Cour
and Territorial Laws.
16. Duties of librarian; liable fo
books lost or destroyed.
18.
10. Librarian to make catalogue,
and report.
19.
11. Certain expenses allowed him.
17. When Decisions of the Suprem
Court may be exchanged.
Compensation of librarian
when and how paid.
Library to be kept open, whe
and how long.
Clerk of Su-
preme Court,
Be it enacted by the General Assembly of the State of Mis
souri, as follows:-
SECTION 1.-The clerk of the Supreme Court shall be, ez
ex officio,libra- officio, librarian of the State library, and shall have the cus
tody of all books belonging to the same, and take special
care that none of them be lost or impaired.
rian.
Duty of li-
brarian; Se-
cretary of
ver to the li-
brarianbooks,
reports, &c.
SEC. 2. The librarian shall have the custody, charge and
safe-keeping of all maps, charts, and all other things of every
State to deli- kind whatsoever, properly belonging to the library, and shall
take special care that none of them be lost or injured; and he
shall cause the seal of the Supreme Court to be stamped or
the outside of each volume. The Secretary of State shall
deliver to the librarian, so soon as received by him, three
copies of the following books, viz.: The Acts of each session
of Congress, the Acts of the General Assembly of this State,
the Acts of the several States and Territories, the Journals
of the General Assembly of this State, the Journals of the
General Assemblies of the several States and Territories, and
the Decisions of the Supreme Court of this State, of the
United States, and of the several States and Territories;
also, one copy of the Journals of each house of Congress,
and of all books, reports, State papers and documents, or-
dered by Congress, or either house thereof, to be distributed
among the States, which the librarian shall cause to be bound,
if the same be not already done, and placed in the library.
SEC. 3.-The librarian shall cause all books now owned
law libraries by the State, and such as may be hereafter acquired, appro-
shall be kept.priately belonging to the miscellaneous library, to be arranged
Where mis-
cellaneousand
STATE LIBRARY.
1491
HAP. 152.
nd kept in the semicircular room, on the second floor of the
Capitol; and the Decisions of the Supreme Court of the several
tates, and such other books as appropriately belong to the
aw library, shall be arranged and kept in the semicircular
oom, on the first floor of the Capitol. He shall have the sole
nd entire control of said rooms, keep the keys of the same,
nd see that they are kept clear of all other books and things
han those which properly belong to the libraries; and the
oom now used for the law library shall be used as a consult-
tion room for the Judges of the Supreme Court, and is
ereby appropriated for that purpose.
Duties of
librarian.
Librarian
authorized to
procure
SEC. 4. When there shall be a want of continuity in
ny of the series of acts, journals, or other books, required
o be placed in the libraries, it shall be the duty of the libra- books.
ian to open a correspondence with the proper person, in or-
ler to obtain those which are wanting; and, if they cannot
otherwise be procured, he shall purchase the same and place
them in the libraries.
SEC. 5.There is hereby created a fund, to be denomi-
hated "The State Library Fund," to consist of: First, All
moneys received by the Secretary of State for the sale of
books hereinafter provided for; and, Second, An annual
appropriation of five hundred dollars.
SEC. 6. The law library shall be under the control of
the Supreme Court; and the librarian shall, under the direc-
tion of the Judges thereof, purchase such books as they may
require, and place the same in the law library.
SEC. 7.-The librarian shall apply the remainder of the
money, annually provided by this act, under the directions of
the Governor, to the purchase of all such books, maps or
charts, for the miscellaneous library, as he shall deem neces-
sary and expedient; and he shall provide presses for the safe-
keeping of the books in both libraries.
SEC. 8. The librarian shall appoint assistants during the
sitting of the Supreme Court and General Assembly; and the
Court or General Assembly, as the case may be, shall allow
a reasonable compensation for the services of said assistants,
to be paid out of the appropriation for the pay of civil
officers.
Appropria-
tion for State
library.
Law libra-
ry to be under
the control of
the Supreme
Court.
How libra-
rian shall ap-
mainder of
ally provided.
ply the re-
money annu-
Assistants
shall be ap-
pointed, how
and when;
compensa-
tion.
Duty of Au-
SEC. 9.-The Auditor of Public Accounts shall audit the ditor.
1492
STATE LIBRARY.
Librarian
to make cata-
port.
CHAP. 159
accounts of the librarian, under this act, and draw warran
on the treasury for the payment of the same.
SEC. 10.- All books donated to, or purchased by, th
logue, and re- State, shall be kept in the libraries; and it shall be the dut
of the librarian to make a complete catalogue of all the books
maps and charts, then in the library, and report the same t
the General Assembly, at the commencement of each sessio
thereof, together with a list of books, maps, charts, &c., pur
chased each year, and an exhibit of the incidental expense
connected with said purchases.
Certain ex-
penses to be
SEC. 11.— All necessary expenses for stationery, candles
allowed libra- postage, fuel, and keeping the rooms clean and in order, shal
be allowed the librarian, and paid out of the general contin
gent fund.
rian.
When rooms
shall be open-
ed; who pri-
vileged to take
books from
the rooms.
Duty of li-
brarian and
Auditor when
books are not
returned.
Penalty for
violation of
this act, how
recovered.
SEC. 12. The libraries shall, at suitable hours, be oper
for the reception of all persons who may wish to use th
books therein; but no book shall be taken from the room
under any pretence whatever, unless by members of the
General Assembly, and Judges and attorneys of the Suprem
Court, during the session thereof; and no member of the
General Assembly, or attorney of the Supreme Court, shal
take a book therefrom, without first giving a receipt for the
same to the librarian.
SEC. 13. It shall be the duty of the librarian, at least
Six days before the close of each session of the General As
sembly, to deliver, in writing, to the Auditor of Public Ac
counts, the name of each member who has taken a book from
the library and has not returned the same, together with the
title of the book and the value thereof, as nearly as he can
ascertain the same; and it shall be the duty of the Auditor
to deduct, from the per diem of each member, treble the valu
of said book.
SEC. 14. If any person shall violate the provisions of
this act, he shall forfeit and pay to the librarian, for the
benefit of the library, three times the value of any book taken
from the library, or of the set to which it belongs, to be re
covered by civil action, in the name of the librarian, for the
use of the library, in any court having jurisdiction thereof.
SEC. 15. The Secretary of State shall sell the volumes
Court, &c., to of the Decisions of the Supreme Court and Territorial Laws
Decisions of
Suprem e
be sold.
STATE LIBRARY.
1493
AP. 152.
w in his possession, reserving a sufficient number for the
of the General Assembly. The Republication of the first
ee volumes of [and] the Territorial Laws shall be sold at
e dollars each, and every subsequent volume at two dollars
volume; and the moneys arising from such sales shall be
arterly paid into the State treasury, to the credit of the
ate library fund.
SEC. 16. The librarian shall deliver to the Secretary of
lost or de-
stroyed.
Duties of li-
brarian; lia-
ate, to be safely kept in his office, a catalogue, with a re-ble for books
pt thereon, of all the books, maps, charts, &c., in the
rary; the said catalogue shall have blank spaces therein,
that the books, maps, &c., from time to time thereafter
livered to the librarian, may be entered thereon by the
cretary of State, whose duty it shall be to do the same. If
y book, map or chart, thus delivered to the librarian, shall
lost, misplaced or destroyed, so that it cannot be found,
e librarian shall be liable therefor, and the Supreme Court
ay direct the value of the book to be retained out of the
lary of the librarian, by the Auditor of Public Accounts; and
e amount thus retained shall be drawn from the treasury,
warrant, and applied to the replacement of the book thus
st.
SEC. 17.-Whenever there are, in the Secretary of State's
fice, any copies of the Decisions of the Supreme Court of
is State subject to disposal, the librarian is hereby author-
ed to exchange any such copies for copies of the Decisions
the Supreme Court of any other State, which may be
anted in the library.
SEC. 18. The librarian shall receive, as a compensation
or his services as such, the sum of three hundred dollars per
hnum, to be paid quarter-annually, out of the appropriation
r the pay of civil officers; and he shall see that the library
boms are at all times properly warmed, lighted and prepared
or [the] accommodation of the members of the General As-
embly, attorneys of the Supreme Court, and of such other
ersons as are permitted to use the same.
SEC. 19. — The librarian, during the sessions of the Gene-
al Assembly and Supreme Court, shall keep the libraries
pen each day, (Sundays excepted,) from nine o'clock in the
horning until five in the evening.
Approved November 19, 1855.
When Deci-
sions of the
supreme
Court may be
exchanged.
Compensa--
rian, when and
tion of libra-
how paid.
Library to
be kept open,
when and how
long.
1494
STATE UNIVERSITY.
CHAP. 1
CHAPTER CLIII.
STATE UNIVERSITY.
AN ACT TO PROVIDE FOR THE INSTITUTION AND SUPPORT OF A STATI
UNIVERSITY.
ARTICLE I. - OF THE SEMINARY FUND, AND CARE AND MANAGEMI
THEREOF.
II.—OF THE UNIVERSITY, ITS ORGANIZATION AND POWERS.
ARTICLE I.
OF
THE
SEMINARY FUND, AND CARE AND MANAGEMEI
THEREOF.
Seminary
of what to con-
gist.
2 1. Seminary fund created; of what | 10. Stock in Bank declared to
to consist.
2. To remain a permanent fund;
income thereof to be added to
the fund.
3. How much of the income to be
appropriated annually; ba-
lance, how applied.
4. Duty of Auditor in keeping
books of seminary fund; what
to be entered.
5. To enter sales in book, with de-
scription of lands sold.
6. Duties of Auditor and Trea-
surer in relation to seminary
lands, funds and moneys.
7. Governor, Secretary of State
and Attorney-General, to be
commissioners of seminary
fund.
8. Funds in the treasury to be in-
vested, how and by whom.
9. Certificates of investment, how
taken; to specify the trust.
held in trust for the fund.
11. Bonds and certificates of sto
to be held by the Audito
may deposit them in the Ban
12. Dividend accruing on seminal
fund paid to treasurer
board of curators.
13. Treasurer to be charged wi
amount by Auditor.
14. Dividend on seminary fund r
ported by Bank to Auditor.
15. Treasurer of board of curato
to give bond; condition.
16. Duty of treasurer at annu
meeting of board of curator
17. Copy of treasurer's accour
certified to Auditor; dut
thereon.
18. Compensation of treasurer.
19. Auditor to draw warrant in ce
tain cases, in favor of tres
surer of board.
20. Curators, duties of.
Be it enacted by the General Assembly of the State of Mis
souri, as follows:-
SECTION 1. There is hereby created and established,
fund created; fund to support a State University, for the promotion o
literature and of the arts and sciences, to be denominated
"The Seminary Fund," which shall consist of: First, Th
proceeds of the lands now held by the State, and known a
seminary lands; Second, All moneys derived from the sal
of seminary lands heretofore made, and the interest thereof
Third, The interest, dividends, proceeds and profits of such
STATE UNIVERSITY.
1495
HAP. 153.
oneys and lands, except such distribution as shall be, by
w, authorized.
SEC. 2.—The seminary fund shall be and remain a per-
anent fund for the promotion of literature and of the arts
d sciences; and so much of the income thereof shall be
lded to, and become a part of, the fund, as shall not be ap-
ropriated as hereinafter provided for.
SEC. 3. So much only of the income of the seminary
and shall be appropriated in any year as shall be necessary
r the purposes to which the application thereof shall be
uthorized by law, and the residue shall be added to, and
ecome part of, the permanent fund, which shall never be
ssened or impaired.
To remain
a permanent
fund; income
thereof to be
added to fund,
How much
of the income
to be appro-
priated annu-
ally; balance,
how applied.
Duty of Au-
ditor in keep~
ing books of
seminary
fund; what to
be entered.
SEC. 4. It shall be the duty of the Auditor of Public
ccounts to provide, and keep in his office, a book, to be
alled "The Register of Seminary Lands," in which shall be
htered a description of all seminary lands heretofore or now
eld by the State, showing the county wherein situate, the
ange, township and legal subdivision, arranged with suitable
olumns, in which shall be noted all sales, by the date, num-
er of acres, price per acre, and total amount, of each tract.
SEC. 5.-The Auditor shall, also, enter in such book a
st of sales hereafter made, showing the particular descrip- sales, with de-
on of the lands, and the sales thereof, specified in the last
receding section.
SEC. 6. The Auditor of Public Accounts and State
reasurer shall, respectively, perform like duties and possess
he same powers, in relation to the seminary lands, fund and
come, as they respectively are, or may be, required to per-
orm or exercise in relation to common-school lands, funds
nd moneys, and shall account themselves, and shall require
thers to account to them, in the same manner as in relation
common-school lands, funds and moneys, except in cases
therwise provided.
To enter
scription.
Duties of
Auditor and
Treasurer in
relation to se-
minary lands,
funds and mo
neys.
Who shall
be commis-
SEC. 7.-The Governor, Secretary of State and Attorney-
eneral, shall, by virtue of their respective offices, be com- sioners of
hissioners of the seminary fund.
SEC. 8. Whenever there shall be in the treasury, or else-
here, subject to the order of the Treasurer, any moneys
elonging to the capital of the seminary fund, the Auditor
fund.
Funds in the
treasury to be
invested, how
and by whom,
*
O VOL. II.
1496
STATE UNIVERSITY.
Certificates
of investment,
how taken; to
specify trust.
Stock in
Bank of Mis-
souri declared
to be held in
trust for the
fund.
Bonds and
certificates of
held by Audit-
or, and depo-
sited, &c.
CHAP. 1.
shall make report to the commissioners, who shall direct
same to be invested in such of the public stocks of this Sta
as they shall deem most advantageous to the fund; and t
Auditor, as soon as it may be advantageously done, sh
make the investment accordingly.
SEC. 9.Certificates of stock, or bonds, shall be tak
for such investment, in the name of office of the Auditor,
trust for the seminary fund, which trust shall be special
expressed in every such bond or certificate.
SEC. 10.-The stock now held by the State, on accou
of investments of the seminary fund, in the capital of t
Bank of the State of Missouri, is hereby declared to be he
in trust for the seminary, and certificates of stock shall
issued for such investments, as specified in the last precedi
section.
SEC. 11. All bonds and certificates of stock, in trust f
stock to be the seminary fund, shall be in charge of the Auditor of Pu
lic accounts, who may deposit them for safe-keeping in th
Bank of the State of Missouri, or any branch thereof.
SEC. 12. Whenever a dividend shall be declared by th
Bank of the State of Missouri, the amount accruing on th
stock in trust for the seminary fund shall be reported by t
proper officer of the Bank, to the treasurer of the board
curators of the State University, and paid over to him,
passed to his credit, as such.
Dividend ac-
cruing on
the seminary
fund paid to
treasurer of
board of cu-
rators.
Treasurer to
be charged
SEC. 13.-All interest and profits of such stock held i
with amount trust for the seminary fund, shall be paid to the treasurer
by Auditor.
the board of curators, who shall be charged therewith by th
Auditor, and with the amount of all dividends paid to hin
or passed to his credit, as in the last preceding sectio
specified.
Dividend on
SEC. 14. Whenever a dividend shall be declared by th
the seminary Bank of the State of Missouri, the amount accruing on th
fund reported
by Bank to Au- stock in trust for the seminary fund shall, also, be reporte
by the proper officer of the Bank to the Auditor of Publi
Accounts.
ditor.
Treasurer of
board of cu-
SEC. 15.-The treasurer of the board of curators, befor
rators to give entering upon the duties of his office, shall give bond to th
bond; condi- State, in a sum not less than five thousand dollars, with tw
or more sufficient securities, to be approved by the board
tion.
STATE UNIVERSITY.
1497
AP. 153.
ditioned for the faithful discharge of his duties, which
d shall be entered on the record of the board, and filed
h the Secretary. (a)
SEC. 16.-At each annual meeting of the board of cu-
ors, the treasurer thereof shall make out a full statement
his accounts, showing the amount of money which he has
eived according to the provisions of this act, and the items
expenditure; and, when approved by the board, a copy of
account shall be entered upon the record.
SEC. 17.-An exact copy of the account of the treasurer
the board of curators, required by the last preceding sec-
n, certified by the president of the board, shall, immedi-
ely upon its approval, be transmitted by him to the Auditor
Public Accounts, who shall enter a credit in favor of the
easurer of the board for the amount appearing, by said
count, to have been expended by him.
SEC. 18.-The compensation of the treasurer of the board.
curators shall be fixed by the board: Provided, That the
me shall not exceed, for any one year, the sum of one hun-
ed and fifty dollars.
Duty of trea-
surer at annu-
al meeting of
board of cu-
rators.
Copy of trea-
surer's ac-
count certified
to Auditor;
duty thereon.
Compensa-
tion of trea-
surer.
Auditor to
draw warrant
in certain
of treasurer of
SEC. 19.-The Auditor of Public Accounts is hereby au-
orized and required to draw his warrant on the Treasurer
the State, in favor of the treasurer of the board of cu- cases, in favor
tors of the State University, for any and all moneys re-board.
aining in the treasury, arising from the sales of seminary
nds, and which have not been invested in any of the public
ocks of this State, as required by law.
SEC. 20. The curators of the University are authorized
appropriate all moneys thus received as will best promote
le interests of the institution.
Curators,
duties of.
ARTICLE II.
OF THE UNIVERSITY, ITS ORGANIZATION AND POWERS.
1. University established; govern- 12 5. Governor to appoint curators,
ment vested in curators.
2. Of the incorporation of, name
and style.
3. Curators, number of; how cho-
sen.
4. Members of the board classed;
tenure of office; elected, how.
when; to serve, how long; the
successor to be appointed
from the same locality as the
predecessor.
6. Two meetings of the board to
be held, when and where; the
time may be changed.
(a) Fide, section forty-two of article two of this act.
1498
STATE UNIVERSITY.
University
established.
Of the in-
of, name and
style.
CHAP. I
7. Who not qualified to be a cu- | 28. An annual catalogue of b
rator.
8. Vacancy in office of curator,
how to be filled.
9. Oath of office.
10. Officers of the board prescribed;
how chosen.
11. Who to preside in the absence
of the president of the board.
12. Special meetings, how and by
whom called.
13. Adjourned meetings, how ap-
pointed.
14. What number shall constitute
a quorum.
15. Board to make reports to the
Legislature, when and of what;
treasurer of board shall, also,
report, when and of what.
16. Secretary to keep a journal;
ayes and nays, when to be
entered.
17. Duties of the Secretary.
18. Any curator shall have access
to books, &c.; may take co-
pies.
19. Duties of the treasurer.
20. Power of the curators to make
by-laws, &c.
21. Power to confer degrees.
22. Specific grants not to be applied
to other purposes.
23. Duties of curators in relation
to the University grounds and
buildings.
24. Curators to appoint the presi-
dent and professors, who shall
not exercise a profession; fix
their compensation and terms
of service.
25. May remove from office the
president, or any professor, for
causes specified.
26. Duties of the president of the
University.
27. President, professors and tu-
tors, to have management of
their respective departments;
duty of librarian.
to be made, by whom; re
thereof to be made to
board, when.
29. Salaries payable semi-annua
president to draw warran
the treasurer; when to 1
interest.
30. Salary of president and o
officers of the University
cease upon failure, with
good cause, to discharge
cial duties.
31. Balance of annual increas
seminary fund, after paym
of salaries, how to be appl
32. Curators authorized to
lands donated to the Uni
sity, except twenty acres
the University site; proce
thereof, how applied; ave
declared public highway.
33. All publications made for
benefit of the University,
be inserted, in what news
pers.
34. Compensation of curators.
35. Their mileage, how comput
their accounts allowed, ho
duty of treasurer.
36. Selection of candidate for
mission, as a student of
University, to be made, wh
and by whom; qualificatio
of the candidate.
37. Candidate, when to ente
pledge of.
38. Reports of selections, h
made out; where filed.
An additional professorship,
be called "The Normal P
fessorship," to be establish
Appropriation for such p
39.
40.
41.
fessorship, from what fun
Candidates selected, when
ceived; privileges of.
42. Treasurer of the board to gi
bond; condition thereof;
be renewed every two yea
SECTION 1.-An University is hereby instituted in th
State, the government whereof shall be vested in a board
curators.
ar
SEC. 2.-The University is hereby incorporated and cr
corporation ated a body politic, and shall be known by the name of "Th
Curators of the University of the State of Missouri;" an
by that name shall have perpetual succession, power to su
and be sued, complain and defend, in all courts; to make an
use a common seal, and to alter the same at pleasure; to tak
STATE UNIVERSITY.
1499
AP. 153.
chase and hold, to sell, convey and otherwise dispose of,
ds and chattels,
SEC. 3. The number of curators hereafter shall be eigh-
Curators,
number of,
h, , and shall be chosen in the following manner, to wit: how chosen.
o from each congressional district, and four from the
nty of Boone.
SEC. 4.- The present board of curators shall go out of
ce on the first day of April next, and the new board hereby
ated shall be elected by the present General Assembly:
e-third, or first class, for two years; one-third, or the
ond class, for four years; and the remaining third, or third
ss, for six years, from and after the first day of April
xt; and hereafter the General Assembly shall elect one-
rd of said board, as their terms of service may expire, for
term of six years thereafter.
Members of
board classed;
tenure of of-
fice; elected,
how.
Governor to
appoint cura-
long; the suc-
appointed
locality as the
predecessor.
cessor to be
SEC. 5.-If the General Assembly shall adjourn without
ving elected curators, as provided by the last preceding tors, when; to
etion, it shall be the duty of the Governor to appoint forth-serve, how
th, upon such adjournment, as many curators as was the
ty of the General Assembly to elect; and such curators, so
pointed, shall hold their offices until the next meeting of
e General Assembly, and until their successors are duly
ected and qualified; but no curator shall be appointed from
y locality other than the one in which the predecessor
sided.
SEC. 6.-There shall be two regular meetings of said
ard of curators in each year, to be holden in the University
ifice, or in the town of Columbia; the first meeting shall be
eemed the annual meeting for all the purposes of this act,
d shall be held on the first Monday in July, and the
cond meeting on the fourth Monday in December, unless
fferent days shall be fixed upon by said board.
SEC. 7.-No person shall be chosen a curator who shall not
ave attained the age of twenty-five years, and who shall not
e a free white citizen of the United States, and a resident
this State for two years next preceding his election or
opointment.
SEC. 8.-If any curator move from the locality in which
e is elected or appointed, or shall die, resign, become insane,
r be convicted of any infamous crime, or shall fail to
ttend three successive meetings of the board, his office shall
from the same
Two meet-
ings of the
board to be
held, when
and where.
Who not
qualified to be
a curator.
Vacancy in,
how filled.
1500
STATE UNIVERSITY.
:
•
Oath of
office.
Officers of
the board pre-
chosen.
CHAP. 1
thereby be deemed vacant, and the Governor, upon being
formed of the fact, shall, without delay, fill such vacan
but shall not make an appointment from any locality oth
than the one in which such vacancy exists; and the pers
appointed to fill such vacancy shall serve until the meeti
of the General Assembly, and until his successor is elect
and qualified.
SEC. 9.—The curators shall severally take an oath
support the Constitution of the United States, and of t
State, and faithfully demean themselves in office.
SEC. 10.—— There shall be a president and vice-preside
scribed, how of the board, who shall be chosen by the board, from t
members thereof; a secretary, treasurer, and such other of
cers of the board as they shall deem necessary, who shall
appointed by the board, and hold their offices during t
pleasure of the board.
Who to pre-
side in the ab-
SEC. 11.-The president- and, if he be absent, the vid
sence of the president, and, if both be absent, a curator, chosen for t
president of occasion-shall preside at the meeting of the board, and ha
a casting vote in case of equal division.
the board.
Special
meetings, how
and by whom
called.
Adjourned
meetings, how
appointed.
What num-
ber shall con-
quorum.
SEC. 12.-The president of the board-and, until h
election, or, in case of his absence or disability, any thr
curators-shall [have] power to call a special meeting of th
board, at the place of holding the annual meetings: Provide
They give timely notice thereof, in such form as the board,
its annual meeting, shall, by resolution, prescribe.
SEC. 13.— Adjourned meetings may be ordered and he
by the board, at such time and place as shall be agreed upo
by them.
SEC. 14. At the regular meetings of the board, eleve
stitute a curators shall constitute a quorum to do business, but seve
curators attending any special meeting shall constitute
quorum for the transaction of ordinary business: Provided
Acts 1849, That no board composed of a less number than eleven sha
have power to make appropriations of money, or contract
which may require appropriations of money to complete th
p. 149.
Board to
make reports
same.
SEC. 15.—It shall be the duty of said board of curator
to the Legis- to cause to be furnished to the Legislature, at each regula
lature, when meeting thereof, and within the three first weeks of th
session, a list of the names of all the students that may hav
and of what.
STATE UNIVERSITY.
1501
IAP. 153.
en taught at said institution during the two preceding years,
ing the names, the ages, the place of residence of each,
d the time that each one has been taught, as well as the
tion fees charged per session for the various branches of
ady. It shall likewise be the duty of the treasurer of said
ard to furnish the Legislature with an abstract of the
mounts annually paid to the president and each professor,
acher or other officer, of said institute.
Ibid.
Treasurer of
board shall
also report,
when and
of what.
Secretary
to keep a jour-
SEC. 16.-The secretary shall keep a journal of the pro-
edings of the curators, in which the ayes and noes, on all nal, &c.
estions, shall be entered, if requested by any one of the
rators present.
Duties of
SEC. 17. It shall be the duty of the secretary to keep
d preserve all records, books and papers, belonging to the the secretary.
ard; to prepare, under the direction of the board, all their
ports, estimates, &c., and record the same in a book to be
pt for that purpose; and generally to do and execute all
ch matters and things as belong to his office, and may be
quired of him by the curators; and his compensation shall
fixed by the board.
Any curator
cess to books,
shall have ac-
&c.
SEC. 18. — Each curator, and member of the faculty shall,
all times, have access to, and be permitted to take copies
, any or all the records, books and papers, of the board.
SEC. 19. It shall be the duty of the treasurer to receive, Duties of the
eep and disburse, all moneys belonging to the board, and to
erform all customary acts pertaining to his office, under
rection of the curators, and to make report of the same at
e annual meeting of the board.
SEC. 20.-The curators shall have power to make such
y-laws or ordinances, rules and regulations, as they may
dge most expedient for the accomplishment of the trust
posed in them, and for the government of their officers,
hd to secure their accountability.
SEC. 21. The curators shall have authority to confer, by
ploma, under their common seal, on any person whom they
ay judge worthy thereof, such degrees as are known to and
sually granted by any college or university.
SEC. 22.- Grants made to the curators for specified pur-
oses and uses, shall not be applied, either wholly or in part,
any other uses.
SEC. 23.
treasurer.
Power of the
curators to
make by-laws,
&c.
Power to
confer de-
grees.
Specific
grants appli-
ed, how.
Duties in re-
lation to the
It shall be the duty of the curators to provide grounds, &c.
1502
STATE UNIVERSITY.
Curators to
appoint the
to fix their
service.
CHAP. 15
for the protection and improvement of the site of the Sta
University, as selected and established, by law; to erect an
continue thereon all edifices designed for the use and accor
modation of the officers and students of the University, an
to furnish and adapt the same to the uses of the sever
departments of instruction.
SEC. 24. — The curators shall have power to appoint th
president and president, professors and tutors, of the University, no one
professors; whom shall preach or exercise the functions of a minister
compensation the gospel, or of any one of the learned professions, durin
and terms of his continuance in office; to fix their compensation, the con
mencement and termination of their respective terms
office, not to exceed six years for any one term; and all th
offices held by the president, professors and tutors, in th
University, are hereby declared vacant on the fourth day c
July next.
New section.
May remove
from office the
president or
any professor,
for causes spe-
cified.
SEC. 25. — The board of curators shall have power t
remove from office the president, or any professor or tuto
for incompetency, willful neglect, or refusal to discharge th
duties of his office, and for no other cause; but no suc
officer shall be removed until he shall have had ten day
New section. written notice of the proposed cause of removal, and reason
able time to answer the same, before the board, by the intro
duction of testimony or otherwise.
Duties of SEC. 26.—It shall be the duty of the president of th
the president. University, among other things, to superintend and direct th
care and management of the institution and its grounds, an
to make and transmit to the curators, at each annual mee
ing thereof, a report of the state and condition thereof, con
taining such particulars as the curators shall require.
President,
&c., to have
management
SEC. 27.-The president, professors and tutors, shall eac
have the care and management of the books and apparatu
of what; duty belonging to their respective departments; and the librarian
the care and superintendence of the library.
of librarian.
An annual
catalogue of
SEC. 28.—It shall be the duty of the librarian, and each
books to be professor having the care of any portion of the books or ap
made, by paratus belonging to the institution, to make out a complet
whom; report
thereof to be list of the same, specifying the additions which have bee
made to board, made thereto during the preceding year, and at what cost
and submit a report thereof, in writing, to the curators, a
each annual meeting.
when.
STATE UNIVERSITY.
1503
HAP. 153.
SEC. 29.-The salary of each officer of the University
all be payable semi-annually; and it shall be the duty of
e president of the board of curators to draw his warrant
ecordingly, on the treasurer of the board, payable to the
der of the officer therein named, and bearing interest, at the
te of six per centum per annum, from the time it is pre-
ented to the treasurer of the board for payment till paid.
SEC. 30. Should the president, or any professor, tutor,
r other person holding office in the University, by election,
ppointment, contract or engagement, of the board of cura-
rs, fail to discharge, for any length of time, his official
uties, without having obtained the permission of said board,
he salary or compensation of such president, professor, tutor,
rother person holding office in the University, shall cease
or the time he may so fail to discharge his official duties, and
o compensation shall be allowed for such time; but if said
oard shall be satisfied that said president, professor, tutor,
r other person holding office in the University, as aforesaid,
had good cause for failing to discharge his official duties, then
ho part of his salary or compensation shall be deducted or
withheld, on account of such failure.
SEC. 31.—The balance of the increase of the seminary
und, after payment of salaries for each current year, shall
be applied as follows: First, To payment of arrears of sala-
ries and necessary repairs of buildings; Second, To provide
for library apparatus and cabinet; Third, To improvement
of buildings and grounds; Fourth, Surplus to be invested as
provided for in the first article of this act.
SEC. 32. The curators are hereby authorized to sell and
convey to the purchasers, by deed, under the common seal of
the board, all lands which have been donated from any source
whatever, for the use and benefit of the University, except
twenty acres for the University site, and to apply the pro-
ceeds to the use of the institution; and the avenue around
the University campus is hereby declared a highway, for
permanent public use.
highway, for
SEC. 33. — All newspaper publications, necessary to be
made by the curators, or the president and faculty, for the
benefit of the University, shall be inserted in the newspaper
or newspapers printed in the county of Boone, and in such
other newspapers as the board of curators may select.
*0 2-VOL. II.
Salaries pay-
nually; presi-
dent to draw
able semi-an-
warrant on
the treasurer;
when to bear
interest.
Salary of
president and
other officers
of the Univer-
sity to cease,
when.
New section.
Balance of
annual in-
crease of se-
minary fund,
after payment
of salaries,
how applied.
Curators au-
thorized to sell
certain lands;
proceeds, how
applied; ave-
nue declared
public high-
way.
New section.
Publications
for the benefit
of University,
to be inserted,
in what news-
papers.
1504
STATE UNIVERSITY.
Compensa-
tion of cura-
tors.
Their mile-
age, how com-
lowed, how;
duty of trea-
surer.
CHAP. 153
SEC. 34. The curators shall receive, each, for his ser
vices, six cents per mile, for each mile traveled by him in
going and returning from the meetings of said curators, an
the sum of two dollars per day for each day said board may
be in session; Provided, That no session shall continu
longer than six days.
SEC. 35. The mileage allowed said curators shall be
puted; their computed and estimated according to the shortest practicable
accounts al- route; and the accounts of said curators,. including their
mileage and per diem, shall be allowed by a committee, ap-
pointed for that purpose; and the treasurer shall pay such
allowances out of the seminary fund, keeping a correct
account of the same, as well as all other allowances of every
kind and character; and the treasurer shall lay before the
General Assembly, at each regular meeting thereof, and
within the first three weeks of the session, a certified copy of
all such allowances and payments as may be ordered by said
board.
a
Selection of
candidate
for admission,
as a student,
when and by
to be made,
whom; quali-
fications of the
candidate.
Candidate,
when to enter;
pledge of.
Reports of
selections,
how made out;
where filed.
SEC. 36. The county courts of the several counties in
this State shall, during the regular term of their respective
county courts, in the month of May, A. D. eighteen hundred
and fifty-seven, and every two years thereafter, proceed to
select one boy to every representative to which each of said
counties is entitled, between fourteen and twenty years of
age, of intelligence, talents, steady habits and good moral
character, as a candidate for admission as a student into the
University of the State of Missouri.
SEC. 37. Said candidate, when selected, shall be sent to
the University, at the commencement of the next session
after he is selected, under his written pledge that he will
teach school for at least two years within the State of
Missouri.
SEC. 38. Duplicate reports of said selections shall be
made out by the clerks of the several county courts, in the
counties in which selections are made, under the seal of the
court, one of which shall be forwarded to the Superintendent of
Common Schools, by him to be kept on file in his office, and
the other to the president of the University, to be filed and
recorded in the office of the secretary of the board of
Normal curators.
professorship
established.
SEC. 39. The curators of the University are hereby au-
STATE UNIVERSITY.
1505
CHAP. 153.
horized and required, as soon as practicable, to establish an
dditional professorship, to be devoted to the theory and prac-
ice of teaching, to be called, "The Normal Professorship,"
nd to call some suitable individual to the charge of said
rofessorship.
Appropria-
tion for such
SEC. 40. For the support of said professorship there is
hereby appropriated the sum of one thousand dollars per professorship.
annum, to be paid out of the income of the seminary fund
of the State.
SEC. 41. That whenever the reports of the several
county clerks of the counties from which selections are made
shall be made to the president of the University, and filed
and recorded by the secretary of the board of curators, the
candidate selected for admission from such county shall be
received as a student of the University, and shall be ad-
mitted to all the privileges enjoyed by the other students,
free of charge, for two years, and no longer.
SEC. 42. The treasurer of the board shall, upon his ap-
pointment, and before he enters upon the duties of his office,
give bond to the State of Missouri, to the use of the cu-
rators of the University of the State of Missouri, with at
least two good and solvent securities, in the sum of ten
thousand dollars, to be approved by the board, and filed
amongst their papers and records, conditioned that he will
faithfully administer the University funds coming into his
hands, and disburse and invest the same according to the di-
rections of the board of curators; and such bond shall be
renewed every two years.
Approved December 4, 1855.
Candidates
selected, when
received; pri-
vileges of.
Treasurer of
board to give
bond; condi-
tion thereof;
to be renewed
years.
every two
New section.
AN ACT CONCERNING THE STATE UNIVERSITY.
21. Primary school to be connected | 2. Care and superintendence of
with the University; compen-
sation of the teachers.
said school vested in the
faculty of the University.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:—
Primary
school esta-
SECTION 1. The curators of the State University are
hereby authorized and required to establish, in connection blished.
1506
STRAYS.
sation of the
teachers.
CHAP. 154
with the University, a primary school; and, for this purpose
they may unite therewith the nearest district common school
Compen- and the teachers employed therein shall receive such com
pensation as the curators may fix and establish, to be paid
out of the tuition fees of the pupils attending such primary
school, the income of the common-school fund to said district,
and seminary fund.
Care and su-
perintendence
of said school
vested in the
faculty of the
University.
SEC. 2.—The president and professors of the University
shall have a superintending care over such primary school,
and shall make out, for the benefit thereof, a complete system
of studies to be pursued in such school, and for the govern-
ment and discipline thereof, with such changes and modifica-
tions, from time to time, as will perfect and improve the
system, and as will be best adapted to the course of study
prescribed for the University classes.
This act to take effect and be in force from and after its
passage.
Approved December 13, 1855.
CHAPTER CLIV.
STRAYS.
AN ACT CONCERNING STRAYS.
? 1. When and where strays may be ? 9. Justice to give taker up a state-
taken up.
2. Who authorized to take up
strays; who required to give
security.
be
3. When and how a stray may
taken up, though not on the
plantation of the taker up.
4. Taker up to give notice to jus-
tice of the peace; oath to be
taken.
5. Cattle, &c., may not be taken
before a justice, but may be
appraised on the plantation
of taker up.
6. Justice may summon appraisers.
7. Oath of appraisers; what ap-
praisement to embrace; how
entered by justice.
8. Copies of entries on stray-book
to be delivered by justice to
taker up and clerk.
ment of his duties; if animal
be valued at fifteen dollars,
or more, notice to be pub-
lished in newspaper, where
and how long.
10. Taker up to set up notices in the
township; what they shall
contain.
11. Forfeiture, where taker up fails
to set up such notices.
12. Clerk of county court to record
justice's certificate.
13. Secretary of State to contract
with a printer to publish ad-
vertisements of strays.
Secretary to notify clerks of
the printer contracted with.
Duty of printer.
14.
16.
15. Clerk shall file and preserve the
advertisements for inspec-
tion.
STRAYS.
1507
CHAP. 154.
17. Compensation of printer.
18. Contracts with printer to com-
mence and end on first Jan-
uary.
19. Vacancy in office of printer,
how filled.
20. Copies of appraisement to be
transmitted to printer, when;
fees, &c., by whom paid.
21. Appraisement of neat cattle,
sheep, hogs and goats, not to
be transmitted to printer.
22. Taker up may use stray, how.
23. How owner may prove his pro-
perty; when entitled to re-
ceive it.
24. Allowance to taker up, how
settled.
25. Title of taker up to stray valued
at fifteen dollars, complete,
when,
26. Stray to be sold, when; pro-
ceeds of sale, how disposed
of; owner may take property
before sale, by paying all
charges.
? 27. Title of taker up to stray valued
at less than fifteen dollars,
complete, when.
28. Proceedings, if owner appear
and prove a stray valued at
less than fifteen dollars, after
one year from the time of
taking up.
29.
31.
32.
When taker up not liable for
escape or death.
30. Reward for taking up a stray.
Fees of justice; all animals to
be included in one certificate.
Penalty for selling, swapping,
or taking a stray out of the
State, before title is vested
in taker up.
33. Penalty on taking up, using or
working, strays, contrary to
this act.
34. Penalty for failing to comply
with this ac or for abusing
a stray.
35. Penalty on printer, clerk or
justice, neglecting or refusing
to perform his duties.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
When and
where strays
may be taken
SECTION 1.- No person shall take up any unbroke ani-
mal, as a stray, between the first day of April and the first
day of November, unless the same be found within his lawful up.
inclosure; nor shall any person, at any time, take up any
stray, unless it be found on his plantation.
up strays:
who required
to give se-
curity.
SEC. 2. No person shall be authorized to take up any Who author-
stray beast, unless he be a free white person and a house-ized to take
holder, unless he first enter into bond, with sufficient securi-
ties, to the State of Missouri, for the use of the owner, in
double the amount of property proposed to be taken up,
to be ascertained by the justice before whom the person
wishes to post such stray beast.
SEC. 3. — If any horse, mule or ass, liable to be taken
up, come to any person's plantation, any other person may
notify him of the fact; and if he fail to take up such stray
for more than ten days after such notice, any other person
of the same county may take up such stray, and proceed
with it as if taken up on his own plantation, except that he
shall produce to the justice of the peace, proof of the
service of the notice, and shall not swear that the stray was
taken up on his own plantation.
When and
how a stray
may be taken
up, though not
tion of taker
on the planta-
up.
1508
STRAYS.
Taker up to
give notice to
justice of the
peace; oath to
be taken.
Cattle, &c.,
appraised on
taker up.
CHAP. 154
SEC. 4.-If any person take up any stray, and it b
not claimed and proved, he shall, within ten days, take it be
fore a justice of the peace of the county, and make oath tha
it was taken up on his plantation, and that the marks an
brands have not been since altered, to his knowledge.
SEC. 5.-The next preceding section shall not be so con
plantation of strued as to require the taker up to take any cattle, hog
sheep, goat, or other unbroke animal, before a justice of th
Acts 1847, peace, but the same may be appraised on the plantation o
the taker up. (a)
p. 133.
Justice may
summon ap-
praisers.
Their oath;
how entered.
SEC. 6. If necessary, the justice shall issue a summon
to three disinterested householders, to view and appraise the
stray or strays.
SEC. 7.-The householders, or two of them, shall take an
appraisement; oath that they will fully, fairly, and impartially appraise the
same; and their appraisement, embracing a description of the
size, color, sex, age, marks and brands of the stray, shall be
entered by the justice in a book to be kept by him for that
purpose.
Copies of
entries on the
SEC. 8. The justice shall, within fifteen days after such
stray-book, to appraisement, deliver, or cause to be delivered, to the taker up
be delivered and clerk of the county court, each, a copy of the entries on
by justice, to
whom.
his stray-book.
Justice to
give taker up
animal be va-
SEC. 9.-Such justice shall give to the taker up a written
a statement of statement of the duties required, by law, to be performed by
his duties; if such taker up; and, if the animal be valued at fifteen dollars,
lued, &c., no- or more, the taker up shall, in addition to setting up notices.
tice to be pub- as before [hereinafter] specified, cause such notice to be pub-
where, and lished in some newspaper, published in the county, (if there
be one,) for at least three consecutive weeks.
lished, how,
how long.
Taker up to
zet up notices;
SEC. 10. The taker up shall, immediately after the ap-
what to con- praisement, cause a notice to be set up at three of the most
public places in the township in which the stray is posted,
which shall contain a copy of the entry on the justice's stray-
book.
tain.
Forfeiture
where taker
SEC. 11.—If the taker up shall fail to set up the notices
up fails to set required in the preceding section, he shall forfeit all costs.
rewards and pay, for keeping such stray; and shall, also, be
ap notices.
(a) The taker up of a stray steer is not required to take the same befors
a justice. State v. Williams, 19 Mo. Rep., 389.
STRAYS.
1509
HAP. 154.
Acts 1851,
p. 285.
Clerk to re-
cord certifi-
cate.
able to the owner, as provided for in the thirty-second
ction of this act.
SEC. 12. The clerk of the county court, immediately
fter receiving the certificate of any stray from the justice,
all record the same in a book to be kept for that purpose.
SEC. 13.-The Secretary of State shall select and con-
act with a printer at the Seat of Government, to print all
dvertisements of strays, required, by law, to be published.vertise strays.
SEC. 14.—The Secretary of State, immediately after con-
acting with any printer, shall notify the clerk of each county
burt in this State of the name and residence of the printer,
nd the price of advertisements.
Secretary to
contract with
printer to ad-
To notify
clerks of the
printer con-
tracted with.
Duty of the
SEC. 15. Such printer shall, once in each month, issue a
ewspaper, or printed sheet, in which he shall give one inser- printer.
on to all advertisements of strays sent to him, and shall
end one copy of such monthly sheet to the clerk of each
ounty court in this State.
SEC. 16. Such clerk shall receive, file and preserve, in
is office, all such papers sent him, for the inspection of all
ersons who desire to examine them.
SEC. 17. Such printer shall receive, for each stray men-
oned in the advertisement, a sum agreed, by the Secretary
f State, to be paid, in the contract, not to exceed twenty-five
ents.
SEC. 18. The Secretary shall contract with a printer, on
he first day of January after this act takes effect, and such
ontract shall terminate and be renewed on the first day of
anuary, annually.
SEC. 19. Vacancies in the office of printer shall be
lled by the Secretary of State, by new contracts.
shall
SEC. 20. If the owner of any stray horse, mule or ass,
o not prove it, according to law, within twenty days from
he time the same was taken up, the person taking it up
ay the clerk all fees, the necessary postage, and the price of
dvertisement; and the clerk shall immediately transmit, by
hail or otherwise, to the proper printer, a copy of the ap-
raisement of the stray, and shall account to the printer for
ll money received by him.
11
Clerk shall
preserve ad-
vertisements.
Compensa-
tion of printer.
Contracts
with printer to
end, when.
commence and
Vacancy of
printer filled.
Copies of
to be trans-
appraisement
mitted to the
printer, when;
fees, &c., by
whom paid.
Of cattle,
&c., not trans-
SEC. 21.—The clerk shall not transmit to such printer a
opy of the appraisement of any neat cattle, sheep, hog or mitted.
goat.
1510
STRAYS.
CHAP. 14
Taker up
SEC. 22.- Any person may work or use a stray, legal
may use stray, taken up by him, if he do so with care and moderation, a
how.
How owner
may prove
his property;
ceive it.
do not abuse or injure it.
SEC. 23. — The owner of any stray may, within one ye
from the time of taking up, prove the same, by evidence, k
re- fore a justice of the peace; and, upon the payment of
Allowance
costs, the reward, and a reasonable allowance for keeping t
same, he shall be entitled to receive the stray or strays, wi
the increase, if any.
SEC. 24. — If the owner and taker up cannot agree in t
to taker up, amount of such allowance, it shall be settled by some justi
how settled.
Title
taker up
of
to
stray valued
at fifteen dol-
lars, complete,
when.
New section.
Stray to be
sold, when;
proceeds, how
of the peace, who shall take into consideration the troub
and expense of the taker up, and whatever use or service
may have had of such stray.
SEC. 25.- If the owner shall fail to comply with the tv
preceding sections, for one year after the time of taking u
any stray, in case the appraised value of such stray amoun
to fifteen dollars or more, the taker up shall, upon the paj
ment of one-half of the appraised value of such stray (if th
same amount to fifteen dollars or more,) deducting costs an
reasonable charges, into the county treasury, for the use
the school fund of such county, and by otherwise complyin
with the requisitions of this law, have a complete title
such stray, and the increase, if any.
upon
SEC. 26. — If the taker up do not take such propert
the above terms, the county court shall issue a warran
disposed of; to the sheriff, commanding him to sell the stray or strays, i
owner may the same manner as on executions; and, after deducting th
before sale, whole charges, to pay one-half the proceeds into the count
take property
how.
Title
of
taker up to
stray valued
at less than
fifteen dollars,
complete,
when.
treasury, for the use of the school fund of such county, an
the other half to the taker up; but if the owner appear bo
fore the sale takes place, he may still prove and take hi
property, by paying the charges, as provided by this act.
SEC. 27. If the owner shall fail to comply with the pro
visions of sections twenty-three and twenty-four, for one yea
after the time of taking up any stray, appraised at a les
value than fifteen dollars, and the taker up shall have com
plied with this law, a complete title to such stray shall ves
in the taker up. (a)
(«) The taker up must show the performance of all those acts, which th
STRAYS.
1511
HAP. 154.
SEC. 28. — If, after the end of one year from the taking
any stray of a less value than fifteen dollars, the owner
hall appear and prove such stray, and pay all costs and ex-
all costs and ex-
enses, as above provided, the taker up shall pay him the ap-
raisement price of the stray, or, at his option, may deliver
im the stray.
Proceedings
if owner prove
stray valued,
&c., after one
year from the
taking up.
Taker up
SEC. 29. If any stray, legally taken up, get away, or
ie, without the fault of the taker up, he shall not be liable not liable,
or the same.
when.
Reward for
taking up a
SEC. 30. There shall be allowed the following reward for
aking up strays: First, For every horse, mule or ass, fifty stray.
ents; Second, For every head of neat cattle, twenty-five
ents; Third, For all other kinds of animals, twelve and one-
half cents each.
SEC. 31.—The justice of the peace shall receive the sum
of twenty-five cents for each certificate of strays taken up
and appraised before him, and shall put into one certificate all
the animals taken up by any one person.
SEC. 32. — If any person shall sell or swap, or take out of
this State, any stray, before the legal title shall have vested
n him, he shall forfeit to the owner double the value of such
stray, to be recovered, by civil action, in any court of com-
petent jurisdiction, or [and] may be punished by imprison-
ment, on indictment, not exceeding one year.
!
Fees of jus-
mals to be in
one certificate
tice; all ani-
Penalty for
selling, &c,
before title is
vested in the
taker up.
Penalty on
taking up,
using or work-
SEC. 33. If any person unlawfully take up any stray, or
take up any stray and fail to comply with this act, or use or
work such stray, in any manner contrary to this act, or use ing strays.
or work it before having it appraised, or shall keep the same
more than three days out of the county, at any one time, be-
fore he acquire title to the same, such offender shall forfeit to
the county twenty dollars.
For failing
to comply with
SEC. 34.- If any person take up any stray, and violate
or fail to comply with this act, or abuse or injure such stray, this act, &c.
the owner may recover of him double the amount of all
injury sustained, with costs.
On printer,
SEC. 35.-If any printer, clerk or justice of the peace,
fail to perform the duties enjoined on him by this act, he shall ing his duties.
law requires to be performed, in order to vest the property of the estray in
him. Harryman v. Titus, 3 Mo. Rep., 214; Cook v. Peebly, 8 Mo. Rep,
341.
&c.. neglect-
*P VOL. II.
1512
SURVEYORS.
CHAP. 1
forfeit to the county not less than five, nor more than fi
dollars, and pay to the party injured not less than five, 1
more than ninety dollars.
Approved December 11, 1855.
CHAPTER CLV.
SURVEYORS.
AN ACT CONCERNING THE OFFICE OF COUNTY SURVEYOR.
21. County surveyor, how elected;
tenure of office.
2. Election to be certified by
clerk; vacancy, how filled.
3. Oath of office, bond, &c., when
to be executed; condition of
the bond.
4. Neglecting to execute bond,
office vacated.
5. Bond may be taken by clerk of
county court in vacation.
6. Bond binding until rejected by
the court.
7. Bond rejected, new one to be
executed; failure, office va-
cant.
8. Approval of bond to be en-
dorsed, recorded, how.
9. Duty of surveyor in executing
orders of court.
10. Duty, when required by an in-
dividual.
16. Chainmen and markers to ta
oath, when
17. Compensation of chainmen a
markers.
18. Chainmen and markers may
provided by party, when.
19. Deputies, how to be appoint
20. County court may obtain c
tified copy of field-notes
public surveys, &c.
21. County surveyor having
tained copy, expenses, h
paid.
22.
23.
Copy of such copy, certiñed
surveyor, made evidence.
Duty of surveyors in sub
viding a section of land.
24. Sections into quarters.
25. Sections into eighths.
26. Sections into sixteenths.
27. Blank quarter-section corne
how established.
Same continued.
11. What surveys shall be legal
evidence.
28.
29.
12. When county surveyor is in-
terested, how survey to be
made.
Subdivision of fractional se
tions.
30.
Same continued.
Surveyor
elected.
13. Duties of, in keeping records,
&c.
14. Lands divided by county lines
may be surveyed by surveyor
of either county.
15. Title in dispute of lands di-
vided by county line, how
surveyed.
21. Decayed or destroyed quarte
section corners, where esta
lished.
32. Same, how established
33. Corners, how perpetuated.
24. Surveys heretofore made a
recorded, not affected.
35. Penalty on surveyor failing
perform duties.
Be it enacted by the General Assembly of the State of M
souri, as follows:-
SECTION 1.--That, at the August election, in eightee
hundred and fifty-nine, and every four years thereafter, t
SURVEYORS.
1513
AP. 155.
lified voters of each county shall elect some suitable
son as county surveyor, who shall hold his office for four
rs, and until his successor is elected, commissioned and
lified.
Tenure, of
office.
Election to
be certified by
clerk; vacan-
SEC. 2. The clerk of the county court shall certify the
other
ction of county surveyor, in the same manner as
ctions of State officers, and the person elected shall be cy, how filled.
missioned by the Governor; and in case of a vacancy by
th, resignation or otherwise, it shall be filled as in case of
acancy in the office of sheriff. (a)
SEC. 3.-Every county surveyor shall, within sixty days
er receiving his commission, and before entering upon the
ties of his office, take the oath prescribed by the Constitu-
n, (b) and enter into bond to the State of Missouri, in a
m not less than one thousand, nor more than five thousand
llars, to be determined by the county court, conditioned
ht he will faithfully perform all the duties of the office of
unty surveyor, and that, at the expiration of his term of
rvice, he, [or, in case of his death,] his executors or ad-
nistrators, will immediately deliver to the clerk of the
unty court all the records, books and papers, appertaining
his office.
Oath of of-
fice, bond, &c.,
ecuted: condi-
when to be ex-
tion of the
bond.
Office va
SEC. 4.-If any county surveyor fail to give such bond,
the time prescribed in the preceding section, his office shall cant, when.
vacant.
Bond may
be taken by
clerk in vaca-
SEC. 5.-Such bond may be taken by the clerk of the
unty court in vacation; and, if so taken, shall be ap-
roved or rejected by the county court, at the next term tion.
ereof.
SEC. 6.- Such bond shall be valid until it is rejected,
nd its rejection shall not release the principal and securities
om any liability incurred previous to its rejection.
SEC. 7.—If such bond be rejected, the county court shall
der the county surveyor to enter into a new bond, within
ich time as they may think reasonable, not exceeding
venty days; and in default of giving such new bond, the
ffice shall be vacant.
(a) Vide, the act to regulate elections, the act to regulate the offices of
heriff and marshal, and section twenty-four, article four, of the Constitu-
on of this State.
(b) Vide, section thirty-two, article three, of the Constitution of this
tate.
Bond bind-
ing
until re-
jected by the
court.
Bond reject-
ed, new one to
failure, office
be executed;
vacant.
1514
SURVEYORS.
Bond to be
recorded.
Duty of sur-
veyor in exe-
of court.
СНАР.
SEC. 8. If such bond be approved, it shall, with
approval endorsed thereon, be recorded, at the expense o
county surveyor, in the recorder's office of the county.
SEC. 9. The county surveyor shall execute all orde
cuting orders him directed, by any court of record, for surveying of
surveying any tract of land, the title of which is in dis
before such court, and all orders of survey for the part
of real estate.
Duty, when
required by
an individual.
What sur-
veys shall be
dence.
SEC. 10.—The county surveyor shall, within ten
when called upon, survey any tract of land or town lot, 1
in his county, at the expense of the person demanding
same, provided that his legal fees are first tendered.
SEC. 11.- No survey or re-survey hereafter made by
legal evi- person, except the county surveyor or his deputy, shal
considered legal evidence in any court within this S
except such surveys as are made by the authority of
United States, or by mutual consent of the parties. (a)
When coun-
be made.
SEC. 12.- When it shall appear that the county surv
ty surveyor is
interested, is interested in any tract of land, the title of which i
how survey to dispute before the court, the court shall direct the surve
re-survey to be made by some capable person, who is in
wise interested, who shall be authorized to administer o
in the same manner as the county surveyor is directed to
and shall return such survey or re-survey, on oath or affi
tion; and shall receive for his services the same fees that
county surveyor would do for similar services.
Duties of,
in keeping re-
cords, &c.
SEC. 13. The surveyor of each county shall: F
Keep a fair and correct record of all surveys made by 1
(a) In ascertaining the boundaries of lands purchased from the U
States, according to the government surveys, the boundary lines act
run and marked by the public surveyors are to be taken aud consider
the true boundaries, although such marked boundaries may not corres
with the courses and distances. The sections and their subdivisions,
ascertained, are to be considered as containing the exact quantity expre
in the returns of the surveyors, whatever may be the actual quantity
tained in such sections and subdivisions. 6 Mo. Rep., 219; 8 Mo.
553. Courses and distances must yield to an ascertained corner or bo
ary; and although such corner or boundary may have been efface
destroyed, yet, if the locality can be established by real testimony, it
prevail. Ibid.
When the boundaries are fixed, known and unquestion
monuments must govern, although neither courses and distances, no
computed contents, correspond with such monuments. Ibid; McGi
Somers & McKee, 15 Mo. Rep., 80. Vide, helton & Heatuerly v. 1
pin, 16 Mo. Kep, 124; Blair v. Smith, Ibid, 273. Boundaries ma
proved by a witness who is acquainted with the lines and corners run
established by the surveyor, although he never saw the land surve
Weaver v. Robinett, 17 Mo. Rep., 459.
SURVEYORS.
1515
P. 155.
and deputies, in a book to be by him procured for that
pose; Second, Number his surveys progressively; Third,
and preserve a copy of the calculation of each survey,
orsing thereon its respective number; Fourth, Deliver a
y of any survey to any person requiring the same, on
ment of the fees allowed by law.
EC. 14. Any person owning or claiming lands, where
same are divided by a county line, the person owning or
ming such lands, and wishing to have the same surveyed,
apply to the surveyor of any county in which any part
uch land is situate; and, on such application being made,
surveyor is authorized and required to make such survey,
ch shall be as valid as though such lands were situate
irely in one county.
SEC. 15.-When lands, the title of which is in dispute
ore any court, shall be divided by a county line, the court
king an order of survey may direct such order to the
veyor of any county in which any part of such lands is
ate.
Lands di-
vided by coun-
ty lines may
be surveyed
by surveyor
of county in
which any
part lies.
Title in dis-
pute of lands
divided by
county line,
how surveyed.
Chainmen
and markers
to take oath,
SEC. 16.-Each chainman and marker, employed by the
anty surveyor or his deputy, shall, before he commences
e duty assigned him, take an oath or affirmation faith- when.
ly and impartially to execute the duties of chainman or
rker, (as the case may be,) which oath or affirmation, the
unty surveyor or his deputy is authorized and required to
minister.
Compensa-
tion of chain-
men and of
markers.
SEC. 17. Each chainman and marker shall be allowed
e dollar for each day he is actually employed, which shall
paid by the party at whose request the survey is made.
SEC. 18.-The chainmen and markers may be provided
the party requesting the survey, if approved by the provided.
rveyor.
By whom
Deputies,
pointed.
SEC. 19.Deputies may be appointed by any surveyor,
ho, before they proceed to discharge their duties, shall take how to be ap-
oath, well, truly and faithfully, to discharge the duties of
puty surveyors.
SEC. 20. The several county courts in this State are.
ereby authorized, in all cases wherein they shall consider it
be the interest of their counties, to obtain from the Sur-
eyor-General of the United States, at St. Louis, or from the
egister of any land-office in the land district in which such
County
court may ob-
tain certified
copy of field-
notes of pub-
lic surveys.
1516
SURVEYORS,
County sur-
veyor having
сору
penses, how
paid.
CHAP. 1
courts are held, a certified copy of so much of the field-no
of all surveys lying within their counties, respectively, wh
have been, and may be, made by the United States, as
lates to the description of the township, section, fractio
section, quarter section and legal subdivisional corners,
variation of the needle at which the cast and west boundar
of township or range lines were run, the length of the no
and south, as well as east and west sectional lines; also,
fallings of all east and west township and sectional lin
the same to be filed in the office of the county surveyor
their counties, respectively.
SEC. 21. — In all cases where the county surveyor sh
obtained have, at his own expense, obtained a certified copy, as p
copy, exvided for in the preceding section, the county court m
make a reasonable allowance to said surveyor for said cop
which shall thereafter become the property of the coun
and be filed as provided in the next preceding section: P
vided, however, That no county surveyor, thus furnish
with the field-notes, shall, when called upon to execute a
survey, make any additional charge therefor.
Copy of
made evi-
SEC. 22.—In all cases where such copies are filed, a co
such copy of such copies, certified by the county surveyor, shall be e
dence in all cases where the same is drawn in question in a
judicial proceedings.
dence.
Duty of sur-
Teyors in sub-
dividing a sec-
tion of land.
Sections in-
to quarters.
SEC. 23. — In subdividing a section of land in halves,
shall be the duty of county surveyors to commence at t
point of one of the quarter-section corners required, and r
a random line thence, in the direction of the opposite corne
to a point at right angles therefrom, note the fallings, a
then correct, by running a true line from corner to corner. (
SEC. 24. In subdividing a section of land into quarter
it shall be required to commence at any one of the requisi
quarter-section corners, and run thence in the direction of t
opposite corner, and, at forty chains, set a temporary pos
then continue the line to said opposite corner, or to a poi
at right angles therefrom, note the fallings and length of t
line, then proceed to run a random line through the sectio
to be quartered, in a transverse direction from the first li
(a) S-ctions twenty-three to thirty-four, inclusive, were taken from t
acts of 1855, p. 182.
SURVEYORS.
1517
HAP. 155.
h, and in the same manner as there directed; then, from
e temporary post set at forty chains on the random lines,
oceed to find the point of intersection of the true lines, by
king the necessary off-sets therefrom, which point of inter-
ction shall be established as the true and legal centre
rner of the section; then correct, by running true lines
om the centre to the quarter-section corners, or vice versa,
best suits the convenience of the surveyor.
SEC. 25. — In subdividing a section of land into eighths,
shall be required: First, To proceed to find the centre of
le section, as directed in the last preceding section of this
t; in addition to which it shall be required, in running the
ndom line across the end of the eighth subdivision to be
rveyed, to set a temporary post at twenty chains from the
uarter-section corner; then, from said temporary post set at
renty chains, proceed to find the medium point on the lines
etween the centre and the quarter-section corners, which
oint shall be the true and legal inside corner to the eighth
abdivision to be surveyed; Second, Run a random line be-
veen the section and quarter-section corners across the end
f the eighth subdivision to be surveyed; at twenty chains set
temporary post; then continue the random line to the
orner, note the falling therefrom and the length of the line;
hen, from the temporary post at twenty chains, proceed to
nd the medium point on the line between the section and
uarter-section corners, which point shall be the true and
egal corner; then proceed to run true lines from corner to
orner, around the eighth subdivision to be surveyed.
SEC. 26. In subdividing a section of land into sixteenths,
shall be required: First, To ascertain the centre corner
f the section, as directed in the twenty-fourth section of this
ct; Second, To find the medium points on the lines between
orners on the four sides of the quarter section to be
uartered; Third, From said medium points, run random
ines through the quarter section each way, and then proceed,
n the manner pointed out in section twenty-four, to subdi-
ide a section into quarters.
SEC. 27.The blank quarter-section corners, on the west
ide of fractional sections six, seven, eighteen, nineteen,
thirty and thirty-one, be [are] required to be established the
same distance north or south of the quarter-section corners, to
Sections in-
to eighths.
Sections in-
to sixtecuths.
Blank
quarter-sec-
tion corners,
how estab-
lished.
1518
SURVEYORS.
ส
Same con-
tinued.
Subdivision
of fractional
sections.
Same con-
tinued.
Decayed or
destroyed
CHAP. 15
sections one, twelve, thirteen, twenty-four, twenty-five an
thirty-six, as the corresponding fractional-section corner
south thereof are north or south of the section corners abov
named.
SEC. 28. The blank quarter-section corners on the nort
side of fractional sections one, two, three, four, five and six
be [are] required to be established the same distance, (afte
taking into consideration the length of the south boundarie
thereof, as established by the deputy United States surveyor,
east or west of the quarter-section corners, to sections thirty
one, thirty-two, thirty-three, thirty-four, thirty-five and thirty
six, as the corresponding fractional-section corners east thereo
are east or west of the section corners above named.
SEC. 29. In subdividing a section made fractional by
claims, grants, navigable water-courses, lakes, impenetrable
swamps or State lines, it shall be required to run parallel to
the cast and south boundaries thereof, excepting when there
exist opposite quarter-section corners, when it shall be re-
quired to run random lines, and correct by running true lines,
in the manner heretofore directed: Provided, however, When
there are no east and south boundaries, it shall be legal to
run parallel to the north and west boundaries thereof.
SEC. 30. In subdividing fractional sections, it shall be
required to divide the excess or deficiency in length of lines,
over or under the original length of the lines, as surveyed by
the deputy United States surveyor, in due proportion among
the several subdivisions.
SEC. 31.- In establishing decayed or destroyed quarter-
quarter-sec- section corners, it shall be required to ascertain the medium
tion corners, point on the line between the two adjacent section corners,
blished. and reëstablish such decayed or destroyed corners at said
medium point.
where esta-
Same, how
established.
SEC. 32. — In establishing decayed or destroyed section
corners, it shall be legal: First, To reestablish such de-
cayed or destroyed corners at the point of intersection of the
original marked section lines: if said point cannot be satis-
factorily obtained by this mode, it shall be legal; Second, To
commence at any two section corners in transverse directions
from the corner sought, and run random lines in the direction.
thereof to the quarter-section corners; note the falling there-
from; then, adjusting the compass to the true course of said
TELEGRAPH COMPANIES.
1519
IAP. 156.
es respectively, continue the true course of said lines, and
tablish the corner sought at the point of intersection thereof;
ird, When several adjacent corners are decayed, it shall
legal to commence at any two of the nearest township,
ction or quarter-section, corners, to the corner sought, and
transverse directions therefrom, and run in the direction
ereof, on the general course of lines in the township in
hich the survey is to be made, until the lines intersect, (al-
ys, however, taking into consideration the fallings of the
st and west lines,) which point of intersection shall be the
gal corner.
SEC. 33.- For the purpose of perpetuating [corners,]
ery surveyor shall be required to establish his corners by
king bearing trees, and noting particularly the kind, di-
meter, course and distance; and when there are no trees
ithin a reasonable distance, the surveyor shall perpetuate
s corner, by erecting mounds; and, when practicable, he
all require the person having the survey made, to furnish
itable stones, and at each and every corner made and esta-
lished, a stone shall be permanently placed in the ground,
nd, in such cases, it shall not be necessary to erect mounds.
SEC. 34. This act shall in no wise be construed, either
affect the legality of surveys heretofore legally made and
ecorded, or to prevent surveyors from taking advantage of
my corners previously legally established.
SEC. 35. Any county surveyor who shall fail to perform
he duties required of him by this act, shall be fined in a
um not exceeding ninety dollars, to be recovered by civil
ction, at the suit of the injured party.
Approved November 23, 1855.
Corners, how
perpetuated.
Surveys
made and re-
corded, not
affected.
Penalty on
ing to perform
duties.
surveyor fail-
CHAPTER CLVI.
TELEGRAPH COMPANIES.
AN ACT CONCERNING TELEGRAPH COMPANIES AND ELECTRIC TELE-
GRAPHING.
1. All telegraph companies to be | 2. Lines may be constructed upon
governed by the provisions
of this act.
*p 2— VOL. II.
public highways, and across
the waters of the State.
1520
TELEGRAPH COMPANIES.
Telegraphic
companies to
CHAP. 15
8 3. City and town authorities may 7. Dispatches to be delivered
direct construction of lines,
where.
4. Proceedings where persons are
aggrieved by using their land
for telegraph lines.
5. Penalty for failing to transmit
dispatches; proviso.
6. Liability for special damages,
when.
8.
9.
messenger, when.
To be sent by mail, when.
Railroad companies may b
come stockholders in tel
graph companies, or ma
construct telegraphs alo
their roads.
10. Process or notice, how serve
on telegraph company.
Be it enacted by the General Assembly of the State of Mi
souri, as follows:
SECTION 1.-Every corporation, owner or association
be governed engaged in telegraphing for the public, by electricity, in thi
by the provi- State, shall be subject to the liabilities, and [be] governed b
the provisions, contained in this act.
sions of this
act.
Lines may
and across the
SEC. 2.—Any company incorporated for the purpose, ma
be construct-
construct lines of electric telegraph upon and along any o
ed upon pub-
lic highways, the highways and public roads, and across any of the water
waters of the within the limits of this State, by the erection of the neces
State;proviso. sary fixtures, including posts, piers or abutments, for sustain
ing the wires of such lines: Provided, The same shall b
so constructed as not to incommode the public use of sai
highways or roads, or endanger or interrupt the navigation o
said waters; nor shall this act be so construed as to authoriz
the erection of any bridge across any of the waters of thi
State.
Acts 1851,
p. 286.
City and
town authori-
ties may fix
the location,
and direct
mode of con-
structing tele-
graph lines,
where.
Ibid.
Proceedings
where persons
SEC. 3.-The mayor and aldermen of any city, and th
trustees of any incorporated town, through which the lines o
such company are to pass, either by ordinance or by writing
may specify where the posts may be located, the kind of post
that may be used, the height at which, and the places where
the wires may be run; and such company, in erecting thei:
line, shall be governed by the regulations therein prescribed
After the erection of said telegraph lines, the said mayo
and aldermen, or trustees, shall have power to direct any
alteration in the location or erection of said posts, piers of
abutments, and, also, in the height at which the wires shal
run, having first given such company, or their agents, oppor
tunity to be heard on such alteration.
SEC. 4.-If any person, over whose lands any telegraph
are aggrieved line shall pass, upon which said posts, piers or abutments,
by using their shall be placed, shall consider himself aggrieved or damaged
thereby, it shall be the duty of the county court within
land for tele-
: graph lines.
TELEGRAPH COMPANIES.
1521
CHAP. 156.
Those county such lands are, on the application of such per-
on, and on notice to the company, association or individual,
wning such telegraph line, to appoint three discreet and dis-
nterested persons as appraisers, who shall severally take an
bath, before any person authorized to administer oaths, faith-
fully and impartially to perform the duties required of them
by this act. And it shall be the duty of said appraisers, or
majority of them, to make a just and equitable appraisal
of all the loss or damage sustained by said applicant, by rea-
son of said lines, posts, piers or abutments; duplicates of
which said appraisement shall be reduced to writing and
signed by said appraisers, or a majority of them; one copy
shall be delivered to the applicant, and the other to the presi-
lent or other officer of said association, or corporation, or
owner of such telegraph, on demand; and, in case any da-
mages shall be adjudged to said applicant, the association,
or corporation, or telegraph owner, shall pay the amount
thereof, with costs of said appraisal, said costs to be liqui-
lated and ascertained in said award. And said appraisers
shall receive for their services, two dollars for each day they
are actually engaged in making said appraisement.
Ibid.
of damages.
Appraisal
&c.
Penalty for
failing to
transmit dis-
SEC. 5.- Every such association, corporation, company or
owner, having a line of wires wholly or partly in this State,
and engaged in telegraphing for the public, shall, during the patches.
usual office hours, receive dispatches, whether from other tele-
graphic companies, or from individuals; and, on payment or
tender of the usual charge. according to the regulations of
such company, shall transmit the same, with impartiality and
good faith, and in the order of time in which they are re-
ceived, under penalty, in case of failure to transmit, or if
postponed out of such order, of one hundred dollars, to be
recovered by the person whose dispatch is neglected or post-
poned: Provided, however, That arrangement may be made.
with publishers of newspapers, for the transmission of intel-
igence of general and public interest out of its order, and
that communications for and from officers of justice shall
take precedence of all others.
Provise.
Liability for
SEC. 6. Such associations, corporations, companies or
owners, shall be liable for special damages occasioned by special da-
failure or negligence of their operators or servants. in receiv
ing, copying, transmitting, or delivering dispatches; and, for
mages, When,
1522
TELEGRAPH COMPANIES.
Dispatches
to be deliver-
ed by messen-
ger, when.
To be sent
by mail, when.
Railroads
holders in te-
CHAP. 156.
the disclosure of any of the contents of any private dispatch
to any person other than to him to whom it was addressed,
or to his agent, they shall be liable to the sender of the dis-
patch, and the person to whom it was addressed, in the sum
of fifty dollars to each, recoverable by an action before a
justice of the peace, and for all special damages in addition
thereto; or, for the disclosure of the contents of any private
dispatch to any person other than to him to whom it was ad-
dressed, or his agent. (a)
SEC. 7. Such companies or owners shall deliver all dis-
patches, by a messenger, to the persons to whom the same
are addressed, or to their agents, on payment of any charges
due for the same: Provided, Such persons or agents reside
within one mile of the telegraphic station, or within the city
or town in which such station is.
SEC. 8.—If such persons or agents do not reside as above
specified, such companies or owners shall, if so directed, and
upon payment of postage, send the same, postage pre-paid,
by post, to them, to such post-office as may be named.
SEC. 9.A railroad company may become a stockholder
may be stock-in a telegraph company, or may construct a telegraph to con-
legraph com- nect two or more points on their railroad. And if such rail-
panies, or may road company entirely own such telegraph line, they shall not
graphs along be bound to telegraph for the public unless they undertake to
construct tele-
their roads.
Process or
notice, how
do so.
SEC. 10.- Process or notice, served upon any clerk or
served on tele- agent of any telegraph company, at any of the offices of
graph com- such company, shall be sufficiently served for all purposes
whatsoever.
pany.
Approved November 17, 1855.
(a) The last member of this section seems to be surplusage.
TOWNS.
1523
СНАР. 157.
CHAPTER CLVII.
TOWNS-INCORPORATION OF.
AN ACT FOR THE INCORPORATION OF TOWNS, AND TO PREVENT THE CIR-
CULATION OF TOWN AND CITY SCRIP.
ARTICLE I.-OF THE ELECTION, POWER, ETCETERA, OF THE TRUSTEES.
OF THE DRAWING AND PAYING WARRANTS.
II.
ARTICLE I.
OF THE ELECTION, POWER, ETCETERA, OF THE TRUSTEES.
1. May be incorporated, how; | 17. Chairman to report amount of
boundaries; style of.
2. Corporate powers vested in the
trustees; how appointed and
elected.
3. Qualifications of trustees; term
of office.
4. Oath of office; meeting and
appointment of officers.
5. Majority constitutes a quorum;
power of a less number to
adjourn, &c.
6. Trustees to judge of elections,
&c., make their own rules,
&c.. keep a journal of pro-
ceedings; proceedings to be
public.
7. What by-laws and ordinances
the trustees may pass.
8. Power to appoint certain offi-
cers, &c., aud prescribe their
duties.
9. Citizens, and property of towns,
exempted from operation of
road law.
10. Power aud duties of constable
or marshal.
11. Warrants may be issued against
persons charged with a breach
of any ordinance, when.
12. Power to pave streets, side-
walks, &c.; proceedings to be
had against owner refusing
to pave; remedy of tenant.
13. Procce lings against property
of non residents.
14 Taxes, how to be collected.
15. Fines and forfeitures, how re-
cover.d; who competent as
jurors, wituesses, &c.
16. How and when real estate sold
for taxes may be redeemed.
moneys received, how and
when; how published.
18. Penalty on chairman neglect-
ing to publish report.
19. Chairman to publish and en-
force ordinances; in his ab-
seuce, who may act.
20. Vacancies in the board of trus-
tee-, how filled.
21. Juges of election, how ap-
pointed.
22. Judges of election to give no-
tice of election, how and
when
23. Judge of election not attend-
ing, another to be appointed,
how.
24 Qualification of electors.
25.
Clerk of election to be ap-
pointed; duty of.
26. Election, how long to be kept
open; how conducted.
27. In case of a tie, judges to de-
cide by lot.
28. Failure to hold an election, a
majority of judges may order
an election.
29. County court may disincorpo-
rate, when.
30. When the court shall not dis-
incorporate.
31. Dissolution not to affect the
rights for or against the
corporation.
32. Court to appoint a trustee to
act for the corporation dis-
solved.
33. Oath and bond of trustee, cou
dition of.
34. Powers and duties of the trus-
tee.
1524
TOWNS.
May be in-
corporated,
how; bounda-
ries; style of
Corporate
powers vestorl
in trustees.
CHAP. 157
2 35. Trustee to make a report to the 38. Revenue, &c, accruing to
county court, at each term
thereof.
36. Duty of the trustee when the
affairs of the corporation are
closed.
37. Compensation of trustee.
town disincorporated, to b
paid to county court; how t
be held.
39. Constable, collector and trea
surer, to give bond; pena
sum; condition of bond.
Be it enacted by the General Assembly of the State of Mis
souri, as follows:
SECTION 1.-Whenever two-thirds of the inhabitants o
any town or village within this State shall present a petition
to the county court of the county, setting forth the mete
and bounds of their village and commons, and praying tha
they may be incorporated, and a police established for thei
local government, and for the preservation and regulation o
any commons appertaining to such town or village, and th
court shall be satisfied that two-thirds of the taxable inhabit
ants of such town or village have signed such petition, an
that the prayer of the petitioners is reasonable, the count
court may declare such town or village incorporated, desig
nating in such order the metes and bounds thereof; an
thenceforth the inhabitants within such bounds shall be
body politic and corporate, by the name and style of "Th
inhabitants of the town of -," (naming it,) and by the
name they and their successors shall be known in law, hav
perpetual succession, unless disincorporated, sue and be sued
plead and be impleaded, defend and be defended, in all court
and in all actions, pleas and matters, whatsoever; may grant
purchase, hold and receive, property, real and personal, withi
such town, and no other, (burial grounds and cemeteries ex
cepted,) and may lease, sell and dispose of the same, for th
benefit of the town; and may have a common seal, and brea
and alter the same at pleasure. (a)
SEC. 2. The corporate powers and duties of every tow
so incorporated, shall be vested in a board of trustees,
consist of five members: the first board of trustees shall 1
(u). An act incorporating a town, or vesting the authorities of the tor
with certain powers, does not divest the State or county courts of powe
vested in them by a general law, unless the act of incorporation declare t
Baldwin v. Green,
powers vested in the corporation to be exclusive.
Mo. Rep., 410. Tide, Town of Louisiana v. Hardin, 11 Mo. Rep., 55
This act is constitutional. The duties imposed on the county court are j
dicial, and not legislative, in their nature. Kayser v. Trustees of Bi
mon, 16 Mo. Rep, 88.
TOWNS.
1525
HAP. 157.
pointed by the county court, at the time of declaring such
How ap-
pointed and
wn incorporated, who shall continue in office until their elected.
ccessors are elected and qualified; and such successors shall
chosen by the qualified electors, residing in such town, on
e first Monday of April, in every year, in the manner here-
after provided.
Qualifica-
cations of the
of office.
SEC. 3.-No person shall be a trustee who shall not have
tained the age of twenty-one years; who shall not be a free trustees; term
hite male citizen of the United States; who shall not be an
habitant of the town, at the time of his election, and re-
led therein for one whole year next preceding; who shall
bt be a householder within the limits of such town; and
ery trustee shall hold his office for the term of one year,
ad until a successor is elected and qualified.
SEC. 4.-Every trustee, before entering upon the duties.
his office, shall take an oath to support the Constitution
the United States, and of this State, and faithfully to de-
ean himself in office; and every board of trustees shall as-
mble, within twenty days after their appointment or elec-
on, and choose a chairman of their number, and some other
erson as clerk. The board of trustees shall, by ordinance,
the time and place of holding their stated meetings, and
ay be convened by the chairman at any time.
SEC. 5. At all meetings of the board, a majority of the
ustees shall constitute a quorum to do business; a smaller
amber may adjourn, from day to day, and may compel the
tendance of absent members in such manner, and under
ch penalties, as the board of trustees previously, by ordi-
ance, may have prescribed.
SEC. 6. The board of trustees shall judge of the quali-
cations, clections and returns, of their own members, and
etermine contested elections: they may determine rules of
eir own proceedings, punish any member or other person
r disorderly behavior in their presence, and, with the con-
urrence of four of the trustees, expel any member, but not
second time for the same cause: they shall keep a journal
their proceedings, and, at the desire of any member, shall
use the yeas and nays to be taken and entered on the
urnal, on any question, resolution or ordinance; and their
roceedings shall be public.
Oath of of-
fice; meeting
and appoint-
ment of offi-
cers.
Majority
constitutes &
quorum, &c.
Trustees to
tions, &c.,
make their
keep a journal
of proceed-
ings to be pub-
ings; procced-
own rules. &c..
lic.
Passage of
by-laws and
SEC. 7.- Such board of trustees shall have power to pass ordinances.
1526
TOWNS.
What by
laws and ordi-
-
nances may
be passed.
Power to ap-
point certain
officers, &c.
Exemptions
from opera-
tion of road
law.
CHAP. 1
by-laws and ordinances; to prevent and remove nuisances;
prevent, restrain and suppress, bawdy-houses, gambling-hou
and other disorderly houses, within the limits of such to
or any commons thereto attached; to restrain and prohi
gambling; to provide for licensing and regulating dram-sh
and tippling-houses, public shows, circuses, theatrical a
other amusements, to the distance of one-half mile from
corporate limits of such town; to prevent free negroes
mulattoes from settling or residing in such town; to restra
or prevent the meeting of slaves; to prohibit the firing
fire-arms; to prevent furious and unnecessary riding or dr
ing of any horse, or other animal, within such town, or su
part thereof as they may think proper; to establish nig
watches and patrols; to erect and maintain poor-houses a
hospitals; to prevent the introduction or spreading of c
tagious diseases; to prevent and extinguish fires; to establ
and regulate markets; to erect and repair bridges; to ere
repair and regulate, wharves, and the rates of wharfage;
regulate the landing and stationing of steamboats, rafts, a
other water-craft; to provide for the inspection of lumb
building materials and provisions, to be used or offered
sale in such town, or to be exported therefrom; to borr
money for the improvement of such town, or to supply
same with water; to open and form public squares, avenu
drains and sewers, and to keep the same clean and in ord
to open, clear, regulate, graduate, pave or improve, the stre
and alleys of such town; to impose and appropriate fin
forfeitures and penalties, for breaches of their ordinances;
levy and collect taxes; to regulate the inclosure of any co
mon-field belonging to, or within the limits of, such tow
and to pass such other by-laws and ordinances for the re
lation and police of such town and commons thereto app
taining, as they shall deem necessary, not repugnant a
contradictory to the laws of the land.
SEC. 8. Such board of trustees shall have power to
point an assessor, collector, constable or marshal, treasur
and such other officers, servants and agents, as may be nec
sary; remove them from office, prescribe their duties, a
fix their compensation.
SEC. 9.-All persons residing within the corporate lim
of such towns shall be exempt from working on roads wi
TOWNS.
1527
CHAP. 157.
but the corporate limits of said towns, and from paying tax
or fine relating to the same, on property within such corpo-
rate limits.
Power and
duties of con-
stable or mar-
SEC. 10. The constable or marshal, appointed by the
trustees of the inhabitants of such towns, giving bond and
ample security for the performance of his duties, is hereby shal.
authorized to execute orders and process, arising under the
ordinances of said town, and who, within the corporate limits
of said town, shall have concurrent power with the constable
of the municipal township in which said town is situated to
execute all orders, notices, writs and other process, and duties,
that may be executed by the constable of said township, with
like effect, and shall receive the same fees therefor.
Warrants
may be issued
against per-
sons charged
with breach of
any ordi-
SEC. 11.—It shall be the duty of every justice of the
peace living in the same municipal township in which any
town incorporated under this act is situated, upon application
by the town constable or marshal, to issue a warrant to bring
any person forthwith to trial before the justice granting the nance, when.
same, for the breach of any ordinance of said town, if it
appear that there is danger of losing any claim, debt or fine,
if such warrant be not issued. Every such application shall
be sustained by the affidavit of the person making the same.
side-walks,
&c.; proceed-
against owner
ings to be had
refusing to
pave; remedy
of tenant.
SEC. 12.- Such board of trustees shall have power to Power to
have the streets and alleys opened and repaired, and the foot-pave streets,
ways and side-walks of the streets paved, at the expense of
the owners and occupiers of the adjacent lots; and if any
such owner or occupier fail to open, repair, or pave the same,
as required by ordinance, such board of trustees shall cause
the same to be done, and may recover the full expense thereof
from such owner or occupier, by civil action, in the name of
the corporation, before any court of competent jurisdiction;
and if any tenant [be] required to open, repair or pave, in
front of the property occupied by him, the expense thereof
shall be a good set-off against so much of the rent due the
owner; but no tenant shall be required to expend more than
the rent for the term for which he occupies the property.
SEC. 13. If any person who is a non-resident of such.
town fail to open, repair or pave, when required as afore-
said, such board of trustees may cause such lot or lots to be
sold to defray the expenses of such improvement, in such
manner as the board may, by ordinance, provide.
*Q VOL. II.
Proceedings
against pro-
perty of non-
residents.
1528
TOWNS.
Taxes, how
collected.
CHAP. 157
SEC. 14.-If any person fail to pay any tax levied on hi
real or personal property, the town collector may recover th
same, by civil action, in the name of the corporation, befor
any court of competent jurisdiction; and such collector may
in like manner, collect the amount of taxes due from any
non-resident, from any tenant or debtor of such non-resi
dent; but no tenant shall be compelled to pay more than the
rent of such property; and the amount thus paid by him
shall be a good set-off against the owner of the property
and if said non-resident's taxes be not otherwise paid, the
property may be sold to pay the same, at public sale, in such
manner as the board of trustees shall, by ordinance, provide.
SEC. 15. All fines, forfeitures and penalties, accruing to
forfeitures, such town, may be recovered, by civil action, in the name of
the corporation, before any justice of the peace, subject to
an appeal to the circuit court of the county; and persons
living in said town shall be competent jurors and witnesses,
if in other respects competent and qualified.
Fines and
how recover-
ed; who com-
petent as ju-
rors, witness-
es, &c.
How and
when real es-
taxes may be
redeemed.
·
SEC. 16. If any real estate be sold by virtue of any
tate soid for ordinance of such town, the owner thereof may redeem the
same, at any time within two years from the day of sale, by
paying the purchase-money, and all costs and penalties in-
curred, together with the interest thereon, at the rate of
fifteen per centum per annum until paid.
Chairman
amount of mo-
SEC. 17.—The chairman of each board of trustees shall,
to report on the first day of March and September in each year, make
neys received, out a correct statement of all moneys received and expended
when; how on account of their respective towns, during the six months
published.
how an d
Penalty on
lecting to pub-
lish report.
next preceding, and shall cause such statement, within ten
days thereafter, to be published in some newspaper printed
in the same town, if there be any, and if not, then he shall
cause copies of such statement to be put up in six of the
most public places in such town, within ten days.
SEC. 18.- If the chairman of the board of trustees of any
chairman neg town shall, at any time, neglect to make and cause such state-
ment to be published, as required by this act, he shall forfeit
for every such neglect the sum of fifty dollars, to be recovered
by civil action in any court of record, one-half whereof shall
be to the use of such town, and the other half to the use of
any person who will sue for the same.
Chairman
to publish and
enforce ordi-
nances.
SEC. 19.-The chairman of the board shall cause to be
TOWNS.
1529
CHAP. 157.
printed and published the by-laws and ordinances of the board,
for the information of the inhabitants, and cause the same to
be carried into effect. He shall remain in office for the term
for which he is appointed or elected a trustee; but, in case of
his absence at any meeting of the board, the board may ap-
point a chairman pro tempore.
SEC. 20. All vacancies in the board of trustees shall be
In his ab-
sence, who
may act.
Vacancies
in the board,
filled by a special election, ordered by the chairman of the how filled.
board, after ten days' public notice thereof being given.
Judges of
appointed.
SEC. 21. — Each board of trustees shall, as often as may
be necessary, appoint three qualified voters as judges of the election, how
election, to superintend and conduct all elections for trustees,
or other township officers required to be elected, and such
trustees shall supply all vacancies which may happen in the
office of judges of election.
To give no-
tion, when.
SEC. 22.—The judges of election shall give public notice
of the time and place of holding each election, by advertise- tice of elec-
ment, published in some newspaper published in their town, or
by hand-bills put up in six public places in such town, not less
than ten, nor more than twenty days previous to the election.
SEC. 23. If, on any day appointed for holding any elec-
tion, any of the judges shall fail to attend the election, the
electors present [may] appoint a judge or judges of election,
to hold such election, who shall be qualified as required by
this act, and all elections shall be by ballot.
SEC. 24. All free white male persons, citizens of the
United States, of the age of twenty-one years, residing within
the limits of any incorporated town or city, and who shall
have resided within the same for six months next preceding
an election, shall be entitled to vote at all elections of town
officers; and no property qualification shall be required of any
person to render him eligible to any office in any city or
incorporated town.
SEC. 25.— The judges of election shall appoint a clerk,
who shall write down the names of all persons whose votes
shall be received, and the names of those whose votes are
rejected, in separate columns.
SEC. 26. The election shall be kept open from ten o'clock
in the forenoon until six o'clock in the afternoon. After the
election is closed, the judges shall examine the ballots, and
the five duly-qualified persons who shall have received the
Judge of
not
election
attending,
proceedings.
Qualification
of electors.
Clerk of
election to be
appointed; his
duties.
Election,
how long to
be kept open;
how conduct-
ed.
1530
TOWNS.
In case of a
decide by lot.
CHAP. 157.
highest number of votes, shall be declared duly elected
trustees.
SEC. 27.—In case of a tie, the judges shall determine the
tie, judges to election between the persons so having an equal number of
votes, by lot, and the judges shall make out and deliver to
each person elected a trustee, a certificate of his election.
On failure
to hold elec-
SEC. 28.-In case of the failure of any election of trus-
tion, proceed tees, or other officers, a majority of the trustees then in office
may cause the election to be held on any other day.
ings.
County
court may dis-
SEC. 29.-The county court of each county shall have
incorporate, power to disincorporate any town which they may have incor-
porated, upon petition of three-fourths of the legal voters of
such town.
when.
When the
court shall not
disincorpo-
rate.
Dissolution
not to affect
the rights for
or against the
corporation.
Court to ap-
point a trus
tee.
Oath and
bond of trus-
tee.
Powers and
duties of the
trustee.
SEC. 30.-No corporation shall be dissolved by virtue of
this act, unless it shall appear, to the satisfaction of the court,
that notice has been given of the intended application for a
dissolution of the corporation, by advertisement, published in
a [the] newspaper nearest the town prayed to be disincorpo-
rated, for at least eight weeks successively, prior to such ap-
plication, nor until all their liabilities have either been paid
or secured, to the satisfaction of the county court of the
proper county.
SEC. 31. No dissolution of any corporation under this
act shall invalidate or affect any right, forfeiture or penalty,
accruing to such corporation, or invalidate or affect any con-
tract entered into or imposed upon such corporation.
SEC. 32.-Whenever the county court shall dissolve any
corporation, they shall appoint some competent person to act
as trustee for the corporation so dissolved.
SEC. 33. The trustee, before entering upon the discharge.
of his duties, shall take and subscribe an oath, before some
judge or justice of the peace, that he will faithfully discharge
the duties of his office; and shall, moreover, give bond with
sufficient security, to be approved of by the court, to the use
of such disincorporated town, conditioned for the faithful
discharge of the duties of his office.
SEC. 34.-The trustee shall, as soon as possible, prosecute
or defend to final judgment, all suits instituted by or against
the corporation; collect all money due the same; liquidate
all lawful demands against the same, and for that purpose
shall sell any property belonging to such corporation, or so
TOWNS.
1531
CHAP. 157.
much thereof as may be necessary; and, generally, do all acts
requisite to bring to a speedy close all the affairs of the cor-
poration.
SEC. 35. The trustee shall make a report of his proceed-
ings to the county court, at each term thereof.
SEC. 36. When the trustee shall have closed the affairs
of the corporation, he shall pay over to the county court all
moneys remaining in his hands, and deliver to the clerk of
such court all books, papers, records and deeds, belonging to
the dissolved corporation.
SEC. 37. The trustee shall receive for his services such
compensation as the court shall think reasonable.
Trustee to
make report.
Duty of
trustee when
the affairs are
closed.
Compensa-
tion of trustee.
Revenue,
&c., accruing
to town disin-
corporated, to
be paid to
county court,
SEC. 38. If any town, disincorporated as aforesaid, have
an annual revenue accruing thereto, the same shall be paid
to the county court, by the persons owing the same; and all
moneys thus paid, as well as all moneys paid them by the
trustee, shall be held and disposed of by the court, for the &c.
benefit of such town, and may be applied by the court to any
specific object, upon the petition of a majority of the taxable
inhabitants of such town.
Constable,
collector and
treasurer, to
give bond;
SEC. 39.- Every constable, marshal, collector and trea-
surer, appointed by virtue of this act, shall, before he enters
on the duties of his office, enter into bond, payable to the city
or town of which he is an officer, with good and sufficient penal sum;
securities, in any sum not less than one thousand dollars, the bond.
amount to be fixed, and the bond to be approved, by the board
of trustees. The bond shall be conditioned that he will faith-
fully perform the duties of his office, according to law.
ARTICLE II.
OF THE DRAWING AND PAYING WARRANTS.
21. Warrants upon the town trea- | 6. He shall reside in his town, re-
sury, how to be drawn; in
favor of one individual, when.
2. To be drawn in favor of the
person to whom the debt is
due.
3. Payment not to be made, ex-
cept, to whom, &c.
4. Warrants may be assigned;
form of assignment.
5. Penalty on treasurer or other
officer of any city or town,
for paying to improper per-
son.
ceive all moneys, and dis-
burse the same on warrants.
7. A register of warrants to be
kept; to be paid in the order
presented for payment.
8. As funds accrue in the treasury,
same to be set apart for pay-
ment of warrants presented;
payment of warrants not to
be refused, when.
9. No interest to be paid on war-
rants after funds for their
payment have been set apart.
1532
TOWNS.
Warrants
upon the town
treasury, how
to be drawn.
To be drawn
in favor of the
person to
whom the debt
is due.
Not to be
paid, unless
presented by
CHAP. 157.
10. Accounts of moneys received, 14. Treasurer to furnish accounts
and abstracts of warrants
paid, to be kept.
11. Warrants not paid on presenta-
tion, to be so endorsed; to
draw interest from date of
endorsement.
12. Warrants to be filed and regis-
tered.
13. Duplicate receipts to be given;
how to be disposed; books,
papers and money, to be sub-
ject to the inspection of the
board.
of receipts and expenditures.
15. He shall make annual settle-
ments; other settlements to
be made, when; funds in
hands of treasurer to be as-
certained by actual count,
when.
16. Reasonable compensation shall
17.
be allowed him.
Provisions of twenty-fourth
section of first article to be
applicable to all incorporated
towns and cities.
SECTION 1.—In all cases where any city or town in this
State shall be indebted to any person, on any account what-
ever, a warrant shall be drawn on the treasurer, or other
officer having the legal custody of the moneys of such city or
town, for the whole amount found due to such person, by the
tribunal or officer having the power to audit and allow claims.
against such city or town, and to draw warrants therefor;
and such tribunal or officer shall not, in any case, draw more
than one warrant for the amount allowed to the same indi-
vidual, at the same time.
SEC. 2.- All warrants drawn on the treasurer, or other
proper officer, of any city or town, shall be drawn in favor of
the person to whom the amount thereof shall be allowed, and
of no other person, and such warrants may be in the form
now used.
SEC. 3.-No treasurer, or other officer, of any city or town
in this State, shall pay any warrant drawn on him, unless
person in such warrant be presented for payment by the person in
is drawn, &c. whose favor such warrant is drawn, or by his assignee, exe-
cutor or administrator.
whose favor it
Warrants
may be as-
SEC. 4. All such warrants shall be assignable, and every
signed; form of assignment of any such warrant shall be in the following
form: "For value received, I,
my right in the within warrant, No.
assignment.
Penalty on
treasurer or
day of
18-
2
""
do hereby assign all
to
و
this
(Signature of assignee.)
SEC. 5. No treasurer, or other officer, of any city or
other officer of town in this State, shall pay any warrant drawn on him, out
any city or of the funds belonging to such city or town, to any other per-
ing to impro- son than the person in whose favor the same is drawn, or to
his executor [or administrator,] or the person to whom the
town, for pay-
per person.
TOWNS.
1533.
CHAP. 157.
same has been assigned, in the manner required by the pre-
ceding section. Any such treasurer, or other officer, who shall
violate the provisions of this act, shall be deemed guilty of a
misdemeanor in office, and, for every such violation, shall be
fined in any sum not less than fifty dollars, nor more than
five hundred dollars.
To reside in
his town; re-
SEC. 6. He shall reside and keep his office in the city or
town of which he is treasurer, and shall receive all moneys ceive and dis-
payable into the treasury thereof, and disburse the same on
warrants drawn by order of the board of trustees.
SEC. 7. He shall procure and keep a well-bound book,
in which he shall make an entry of all warrants presented to
him for payment, which shall have been legally drawn for
money, stating correctly the date, amount, number, in whose
favor drawn, and the date the same was presented; and all
warrants so presented shall be paid in the order in which
they shall be presented for payment.
burse all mo-
neys, how.
Register of
warrants to be
kept: to be
paid in the or-
der presented
for payment.
As funds
accrue in the
same to be set
apart for the
payment of
warrants al-
ready present-
ed; payment
SEC. 8.—No treasurer shall refuse the payment of any
warrant legally drawn upon him, and presented for payment, treasury, the
for the reason that warrants of prior presentation have not
been paid, when there shall be money in the treasury suffi-
cient to pay such prior warrants, and any such warrant so
presented; but such treasurer shall, as he shall receive money
into the treasury, set the same apart for the payment of war-
rants previously presented, and in the order presented, so that fused, when.
no warrant of subsequent presentation shall remain unpaid,
by reason of the holder of the same failing to present such
warrants for payment, after funds shall have accrued in the
treasury for the payment of the same.
SEC. 9. No interest shall be paid on any warrant pre-
sented for payment, after funds for the payment of the same
shall have been set apart, the date of which setting apart
shall be registered by the treasurer.
SEC. 10. He shall keep a just account of all moneys re-
ceived and disbursed, and regular abstracts of all warrants
drawn on the treasurer and paid.
of warrants
not to be re-
No interest
paid on war-
rants, when.
Accounts of
moneys, &c.,
to be kept.
Warrants
not paid on
SEC. 11. When warrants are presented for payment, if
there be no money in the treasury applicable for that pur-presentation,
pose, the treasurer shall so certify on the back of the war-
rant, [and] date and subscribe the same; and all such warrants,
so dated and subscribed, shall draw legal interest, until funds
en-
to be so
dorsed; to
draw interest,
when.
1534
TOWNS.
Warrants to
be filed and
registered.
Duplicate
receipts to be
given; books,
papers and
money subject
to the inspec-
tion of the
board.
Treasurer to
furnish ac-
counts of re-
ceipts, &c.
He shall
CHAP. 157
for the payment of the same shall have been set apart, as
herein provided.
SEC. 12. — He shall file all warrants on the treasury, make
a register of the number and date thereof, the name of the
person in whose favor drawn, and the amount of each.
the
SEC. 13. He shall make duplicate receipts in favor of
proper person for all moneys paid into the treasury, one
of which shall be delivered to the person entitled thereto,
and the other he shall file with the clerk of the board of
trustees; and the said treasurer shall keep the books, papers
and money, pertaining to his office, at all times open for in-
spection of the board of trustees, or any member thereof.
SEC. 14.— As often, and in such manner, as may be re-
quired by the trustees, he shall furnish an account of the
receipts and expenditures of such city or town.
SEC. 15. He shall, once in every year, settle his ac-
make annual counts with the board of trustees, and if he resign, or be
settlements;
other settle- removed from office, he, (or, if he die, his executor or admi-
ments to be
made, when; nistrator,) shall immediately make such settlement, and de-
funds in the liver to his successor in office all things pertaining thereto,
hands of trea-
actual count,
when.
surer to be as- together with all moneys belonging to such city or town; and,
certained by at the close of every term for which such treasurer shall have
been elected or appointed, from whatever cause it shall occur,
the board of trustees shall immediately proceed to ascertain,
by actual examination and count, the amount of balances
and funds in the hands of such treasurer to be accounted
for.
Reasonable
compensation
SEC. 16. He shall be allowed, for his services under this.
shall be allow- act, such compensation as the board of trustees shall deem
just and reasonable.
ed him.
of twenty-
Provisions SEC. 17. The provisions of the twenty-fourth section of
fourth section the first article of this act shall be applicable to all towns
of first article incorporated under this act, and to all towns and cities
applicable, to
what.
incorporated in any other manner.
Approved November 23, 1855.
TOWN PLATS.
1535
AP. 158.
CHAPTER CLVIII.
TOWN PLATS.
AN ACT CONCERNING THE PLATS OF TOWNS AND VILLAGES.
1. Map of every town or addition 3 7. Penalty for selling, or offering
to be made; what it shall set
forth and describe.
for sale, before map is re-
corded.
2. How to be acknowledged.
8.
What such map shall convey.
3. Map to be deposited in the re-
corder's office.
9.
Penalty if the map does not set
forth the facts truly.
10.
11.
Forfeitures, how recovered.
Property of person incurring
forfeiture, may be attached.
4. Recorder to preserve the same.
5. Recorder shall record all plats
of towns; may reduce the
scale; certificate to be en-
dorsed on copy.
6. Copies to be evidence.
12. When a town is thrown into a
new county, plat to be trans-
mitted to the new county.
e it enacted by the General Assembly of the State of Mis-
souri, as follows:—
SECTION 1. Whenever any town or village, or any addi-
on to any town or village, shall be laid out, the proprietor
f such town or village, or addition, shall cause to be made
ut an accurate map or plat thereof, particularly setting
orth and describing: First, All the parcels of ground within
uch town, village or addition, reserved for public purposes,
y their boundaries, course and extent, whether they be in-
ended for avenues, streets, lanes, alleys, commons, or other
ublic uses; and, Second, All lots intended for sale, by num-
ers, and their precise length and width.
Map of eve-
ry town or ad-
tion to be
made; what it
shall set forth.
How ac-
SEC. 2.-Such map or plat shall be acknowledged by the
roprietor, before some court or officer authorized, by law, knowledged.
o take the acknowledgment of conveyances of real estate.
SEC. 3. The map or plat so made, acknowledged and
ertified, the proprietor shall deposit in the office of the re-
order of the county in which the town, village or addition,
s situate.
SEC. 4. The recorder shall preserve such map or plat in
his office, among the records thereof.
SEC. 5. It shall, also, be the duty of the recorder to
record all plats now on file, or which may hereafter be filed, in
his office, in a book to be called "A book of plats;" and when
necessary to preserve uniformity, he shall reduce the scale of
the original plat, and, on each copy so made, he shall endorse
*Q 2— VOL. II.
Map to be
deposited in
the recorder's
office.
Recorder to
preserve the
same.
Shall record
all plats of
reduce the
scale, when.
towns; may
1536
TOWN PLATS.
certificate.
CHAP. 14
Form of the the following certificate under his hand: "This plat is tru
copied from the original in my office. (Signed.)
Recorder."
Copies to be
evidence.
Penalty for
selling, or of-
fering forsale,
before map is
recorded.
What such
map shall con-
vey.
Penalty if
map does not
set forth the
facts truly.
Forfeitures,
how recover-
ed.
Property
attached,
when.
SEC. 6. Copies of all original plats, or of the record
plats from said book of plats, properly certified, under t
hand and official seal of the recorder, shall be evidence in
courts of justice.
SEC. 7. If any person sell, or offer for sale, any
within any town, village or addition, before the map or pl
thereof be made out, acknowledged and deposited, as afor
said, such person shall forfeit a sum not exceeding thr
hundred dollars, for every lot which he shall sell, or offer
sell. (a)
SEC. 8. Such maps and plats of such towns and village
and additions, made, acknowledged, certified and deposite
with the recorder, shall be a sufficient conveyance to vest th
fee of such parcels of land as are therein expressed, name
or intended, for public uses in the county in which such tow
village or addition, is situate, in trust and for the uses theref
named, expressed or intended, and for no other use (
purpose. (b)
SEC. 9.If any person, his agent or attorney, sha
cause a map or plat of any such town, or village, or addition, t
be deposited with the recorder, which does not set forth an
describe all parcels of ground, and which have been, or shal
be promised, or set apart, for public uses, and other lots, suc
person shall forfeit double the value of the ground so pro
mised or pretended to have been set apart for public uses
and not set forth on the map or plat.
SEC. 10. The forfeitures arising under this act may b
recovered by civil action, with costs, in the name of, and t
the use of, the county.
SEC. 11. The property and effects of the person in
curring such forfeiture may be proceeded against by attach
(a) Where a person sold a town lot, before the plat of the town was made
out, acknowledged and deposited, in the recorder's office, the contract was
held absolutely void. Downing v. Ringer, 7 Mo. Rep., 585.
""
(b) Amongst other memorandums on the map was the following: "Lots
numbered 2, 3, 4, in block 26, are intended for "hurch ground," and across
the lots were written the words, "hurch ground. Held, sufficient under
the act to vest the fee in the county for public use.
Draper, 15 Mo. Rep., 634.
City of Hannibal v.
TOWNSHIPS.
1537
P. 159.
t, or otherwise, in like manner, and for the like causes, as
dinary cases.
EC. 12.—When any town plat shall be deposited with
recorder of the county, and by reason of the establish-
t of any new county, or the alteration of any county
, the town or village shall fall within a different county,
recorder shall transmit such plat to the recorder of the
ty within which such town or village may be.
pproved November 17, 1855.
When town
is thrown into
a new county,
plat to be
transmitted to
new county.
CHAPTER CLIX.
TOWNSHIPS.
AN ACT RESPECTING TOWNSHIPS.
How laid off and subdivided.
Name and description to be re-
corded and transmitted to the
Secretary of State.
23. No town or common-field there-
to belonging shall be divided
by township line, but shall be
included in one township.
it enacted by the General Assembly of the State of Mis-
buri, as follows:-
How laid off
ECTION 1.-Each county court may divide the county
convenient townships, and, as occasion may require, and subdi-
t new townships, subdivide townships already established,
lter township lines.
EC. 2. The court shall, within thirty days after esta-
hing any township, transmit to the office of the Secretary
State a description of such township, containing the name
boundaries thereof, and shall cause the clerk to enter
description of record. ·
EC. 3. No township line shall pass through any town.
common-field thereto belonging; but the whole of such
n and common-field shall be part of one township.
Approved November 17, 1855.
vided.
Name and
description to
and transmit-
be recorded,
ted.
pass
No township
line to
through any
town, &c.
1538
TREASURY DEPARTMENT.
}
CHAP. 1
CHAPTER CLX.
TREASURY DEPARTMENT.
AN ACT TO ESTABLISH AND REGULATE THE TREASURY DEPARTMEN
ARTICLE 1.
OF THE ORGANIZATION OF THE DEPARTMENT.
II.
OF THE AUDITOR AND HIS GENERAL DUTIES.
66
III.
((
IV.
OF THE SETTLEMENT OF CLAIMS AND ACCOUNTS.
OF THE TREASURER.
66
V.—OF MISCELLANEOUS PROVISIONS.
Treasury de-
partment es-
tablished; to
embrace, what
offices.
Shall reside
at the Seat of
To take oath
and give bond.
ARTICLE I.
ORGANIZATION OF THE DEPARTMENT.
3 1. Treasury department establish- |
ed, to embrace Treasurer and
Auditor.
2. They shall reside at the Seat of
Government.
3. To take oath and give bond.
4. Penalty for performing official
duties before qualifying.
5. Treasurer's bond, conditions of;
of Auditor's bond.
6. Approval and record of
7.
bond.
Offices forfeited upon failu
Treasurer and Auditor to
bond.
8. Securities held responsibl
acts of principal, till succ
is elected, &c.
9. Treasurer and Auditor ea
keep a seal of office.
Be it enacted by the General Assembly of the State of
souri, as follows:-
SECTION 1.—A separate department is established, t
called "The treasury department," which shall embrace
offices of the State Treasurer and the Auditor of P
Accounts. (a)
SEC. 2.-The Treasurer and Auditor shall reside
Government. keep their respective offices at the Seat of Government.
SEC. 3.-They shall, before entering upon their respe
duties, take the oath of office prescribed by the Constitu
and shall cause the same to be endorsed on their respe
certificates of election, or of appointment, and shall
spectively, give the official bond required by law. (b)
Penalty for SEC. 4. If either of them shall perform any officia
performing of-
ficial duties before complying with the requirements of the prece
before quali- section, the party offending shall forfeit five hundred do
fying.
for the use of the State.
(a) Vide, Amendments to the State Constitution, article eight, se
five, six, seven and eight.
(b) Vide, Article three, section thirty-two, of the State Constitutio
TREASURY DEPARTMENT.
1539
P. 160.
Treasurer's
bond; condi-
tions of; secu-
rities to; of
bond.
Auditor's
EC. 5. The Treasurer shall, immediately after his
tion or appointment, execute and deliver to the Governor,
ond to the State, in the sum of two hundred and fifty
sand dollars, with not less than six securities, to be ap-
ved of by the Governor, conditioned for the faithful per-
mance of all the duties required, or which may be required,
him, by law, which bond shall be renewed every two
rs; and the Auditor shall, in like time and manner, exe-
è a bond, in a sum not less than fifty thousand dollars.
EC. 6.—The Governor shall endorse on the bond his ap- Approval
val thereof, stating the time of approval, and deliver the and record of
e to the Secretary of State, who shall record and keep
same in his office.
SEC. 7.—If any Treasurer or Auditor shall fail to give
official bond, as required by law, within sixty days from
day he shall receive his certificate of election or appoint-
ht, his office shall thereby be forfeited, and the vacancy
11 be filled according to law.
SEC. 8.-The securities of any Treasurer or Auditor shall
held responsible for all acts of their principal, until his
cessor is elected or appointed, commissioned and qualified.
SEC. 9.—The Treasurer and Auditor shall each keep a
I of office, which shall be used to authenticate all writings,
ers and documents, certified from either of such offices,
pectively.
bond.
Office for-
feited upon
failure to give
bond.
Securities
responsible
principal, &c.
for acts of
Treasurer
and Auditor
each to keep a
seal of office.
ARTICLE II.
OF THE AUDITOR AND HIS GENERAL DUTIES.
Auditor of Public Accounts de- | 3. What the Auditor shall report
clared to be the general ac-
countant of the State, and
keeper of all public account-
books, contracts, &c.
Fiscal year to commence and
terminate, when; books, &c.,
of public officers shall con-
form thereto; all reports to
the General Assembly to be
made during the first week
thereof.
4.
5.
to the General Assembly at
the commencement of the
session.
Certain other duties prescribed.
Auditor may appoint a clerk;
his qualifications; the ap-
pointment to be filed in office
of Secretary of State.
6. Power of clerk; Auditor and
his securities to be responsi-
ble for acts of clerk.
Public Accounts is the
SECTION 1.—The Auditor of
eral accountant of the State, and the keeper of all public
ount-books, accounts, vouchers, documents, and all papers
ting to the accounts and contracts of the State, and its
Auditor de-
clared to be
accountant of
the general
the State.
1540
TREASURY DEPARTMENT.
CHAP.
Fiscal year
to commence,
revenue, debt and fiscal affairs, not required, by law, to
placed in some other office, or kept by some other person
SEC. 2.—The fiscal year of the State shall commenc
&c., when; the first day of October, and terminate on the thirtieth
books, &c., of of September in each year, and the books, accounts
shall conform reports of the public officers, shall be made to conf
thereto; all re- thereto; and all reports required, by law, to be made to
General Assembly, shall be made during the first weel
the General Assembly, as fixed by law.
public officers
ports to Gene-
ral Assembly
made, when.
What the
Auditor shall
SEC. 3.The Auditor shall digest, prepare and repor
report to the the General Assembly, at the commencement of each reg
General As- session: First, A full and detailed statement of the co
sembly at the
commence- tion of the revenue, and the amount of the expenditures
ment of the the two preceding fiscal years; Second, A full and deta
session.
Certain
other duties
prescribed.
statement of the public debt; Third, Estimates of the r
nue and expenditures for the two succeeding fiscal ye
Fourth, Such plans as he may deem expedient for the sup
of public credit, for lessening the public expenses, for
moting frugality and economy in the public offices,
generally, for the better management and more perfect
derstanding of the fiscal affairs of the State; Fifth
tabular statement, showing separately the whole amoun
each appropriation of money made by law, the amount
under the same, and the balance unexpended; Sixth
tabular statement, showing the amount of revenue charge
to each county for the two preceding fiscal years, the ag
gate amount of each object of taxation, together with
tax due on the same.
SEC. 4. He shall: First, Audit, adjust and settle.
claims against the State, payable out of the treasury,
cept only such claims as may be expressly required, by
to be audited and settled by other officers and pers
Second, Draw all warrants upon the treasury for mo
except only in cases otherwise expressly provided by 1
Third, Express in the body of every warrant which he
draw upon the treasury for money, the particular fund ap
priated, by law, out of which the same is to be paid; Fou
Audit, settle and adjust, the accounts of the collectors of
revenue, and other holders of public money, who are
quired, by law, to pay the same into the treasury; F
Keep an account between the State and State Treasu
TREASURY DEPARTMENT.
1541
AP. 160.
eth, Keep an account of all debts and credits between the
ate and the United States, and between the State and
ery other State, sovereignty, community, officer or person,
th whom the State may have dealings, and of every
parate fund in the treasury authorized by law; Seventh,
rect prosecutions, in the name of the State, for all official
linquencies in relation to the assessment, collection and
yment of the revenue, against all persons who, by any
ans, become possessed of public money or property, and
1 to pay over or deliver the same, and against all debtors
the State; Eighth, Give information, in writing, to either
use of the General Assembly, whenever required, upon
y subject relating to the fiscal affairs of the State, or
uching any duty of his office; Ninth, Perform all such
her duties as may be required by law.
SEC. 5.The Auditor of Public Accounts shall have
wer to appoint a clerk, who shall possess all the qualifica-
ns of the Auditor; and every such appointment, with the
th of office endorsed thereon, shall be filed in the office of
e Secretary of State, before he enters upon the duties of
s office.
SEC. 6. Such clerk, when so appointed and qualified,
all possess all the powers and may perform any of the
ties prescribed, by law, to be performed by the Auditor;
d the Auditor and his securities on his official bond shall
responsible for the official acts of such clerk.
ARTICLE III,
OF THE SETTLEMENT OF CLAIMS AND ACCOUNTS.
1. Collectors and others to exhibit 7. Liability of sheriff and his
their accounts to the Auditor,
when; his duties thereon,
2. Balances due the State to be
paid within thirty days after
settlement; damages for fail-
ing to pay.
3. Auditor to issue warrant of
distress against delinquent;
to whom to be directed.
4. Distress warrant, form of.
5. Warrant of distress, how and
upon whom to be executed
6. Property distrained, how ad-
vertised and sold; proceeds,
when to be paid into the
treasury.
securities for his refusal or
neglect to perform any duty
under distress warrant.
8. Compensation of officer col-
lecting money on distress
9.
warrant.
Claims against the State to be
audited within two years.
10. What claims may be set off
against the State.
11. Auditor may examine parties
and witnesses under oath.
12. Vouchers and documents to be
preserved in Auditor's office;
copies may be given out by
the Auditor, when.
Auditor may
appoint a
1
clerk; his
qualifications;
the appoint-
ment to be
filed, where.
Power of
clerk: Auditor
and his secu-
rities to be re-
sponsible for
acts of clerk.
1542
TREASURY DEPARTMENT.
Collectors
and others to
CHAP. 1
8 13. Auditor to draw warrants, for 19. What number of printed co
what.
14. Warrant, form of.
15. No warrant to be drawn or
paid unless there is an appro-
priation, nor from another
appropriation.
16. Persons dissatisfied with Au-
ditor's decision may have
the claim certified to the
General Assembly.
17. When the Auditor shall audit
claims and give a certificate.
18. To report to General Assembly
all collectors whose accounts
have remained six months
unsettled.
to accompany the report
the Auditor of Public
counts for the use of Ser
and House.
20. Auditor to publish list of
faulting collectors, in w
manner.
21. Penalty on Auditor for fail
to comply with the provisi
of the last section.
22. Auditor's report shall set for
in separate columns, lice
and ad valorum taxes, &c.
23. Report to set forth, in the m
ner specified, certain ot
particulars.
SECTION 1.-All collectors of the revenue, and oth
exhibit their bound, by law, to pay money directly into the State treasu
accounts to shall exhibit their accounts and vouchers to the Auditor,
the Auditor,
or before the first Monday in January, in each year, to
audited, adjusted and settled; and the Auditor shall proce
without unnecessary delay, to audit, adjust and settle,
same, and report to the Treasurer the balance found due.
when; his du-
ties thereon.
Balances
due the State
to be paid
within thirty
days after set-
tlement; da-
mages for fail-
ing to pay.
issue warrant
directed.
SEC. 2.-If any of the persons mentioned in the p
ceding section shall fail to pay the amount so found o
into the treasury, and produce the Treasurer's receipt to t
Auditor within thirty days after the settlement above
quired, the delinquent shall forfeit to the State the amou
of the commission allowed him by law, and, also, two and
half per centum a month on the amount wrongfully withhe
to be computed from the time the same ought to have be
paid, until actual payment; and the Auditor shall charge su
delinquent accordingly.
Auditor to SEC. 3.—The Auditor shall, immediately after such
of distress linquency shall occur, issue a warrant of distress again
against de such delinquent and his securities, directed to the sheriff
linquent; to
whom to be the proper county, (or, if he shall be disqualified to act, th
to the sheriff of some adjoining county, who is authoriz
and required to execute the same, and who, together with 1
securities, shall be liable on his official bond, in the sa
manner and to the same extent, as if the writ were to
executed in his own county,) stating therein the amount du
and the penalties and forfeitures.
Distress
warrant, form
of.
SEC. 4.The distress warrant may be in the followi
form:
TREASURY DEPARTMENT.
1543
HAP. 160.
STATE OF MISSOURI, ss.
The State of Missouri to the of the county of
reeting: Whereas,
sheriff and ex-officio collector of the
aforesaid, for the year of our
,
evenue of the county of
ord eighteen hundred and, hath failed and neglected
pay into the State treasury the full amount with which
e stands charged on the books of the Auditor of Public Ac-
ounts of the State of Missouri, and which he ought to have
aid into the State treasury aforesaid, on or before the,
the year of our Lord eighteen hundred and
And,
hereas, the Auditor of Public Accounts of the State of Mis-
ouri has ascertained the balance due the State of Missouri,
y the said, to be the sum [of] dollars and
ents: And the said Auditor has, according to law, charged
he said as aforesaid, with the further sum of two and
half per centum a month on said ascertained balance, as
foresaid, to be computed on said balance from the said
eighteen hundred and, until the same shall be paid or
ecllected. These are, therefore, to command you, in accord-
nce with the provisions of article three of "An act to
establish and regulate the Treasury department," under the
head of "The settlement of claims and accounts," ap-
proved to levy and collect the sum of dollars and
cents, the balance as aforesaid, ascertained to be due,
and the said two and a half per centum a month from the
-, eighteen hundred and, aforesaid, of the goods and
chattels and real estate of the said -; and, for want of
sufficient goods and chattels and real estate to satisfy the
aforesaid balance, together with the said per centum thereon,
you are commanded to levy the same upon the goods and
chattels and real estate of
the securities of the said
"
You are, also, commanded that, after you have made
such levy and collection, you pay the same into the State
treasury, within sixty days after its collection, unless the
first Monday of January next following the date of this
warrant shall intervene, and, in that event, then on or before
that day, and return this warrant to the office of the Au-
ditor of Public Accounts, and certify thereon how you have.
executed the same. In testimony whereof, I, -, Au-
ditor of Public Accounts of the State of Missouri, have
hereunto set my hand, and affixed the seal of the Auditor's
*
R VOL. II.
i
Form of dis-
tress warrant.
1544
TREASURY DEPARTMENT.
Warrant of
distress, how
office, in the City of Jefferson, this
year of our Lord eighteen hundred and
,
CHAP. 16
day of, in th
Auditor of Public Accounts."
SEC. 5. Such sheriff shall, without delay, levy and co
and upon lect the same, together with the penalties and forfeitur
whom to be stated in the writ, by sale of the goods and chattels and re
executed.
Property
distrained,
estate of such delinquent; and, for want of sufficient good
and chattels and real estate of the delinquent to satisfy suc
warrant, then by the sale of the goods and chattels and re
estate of the securities of such delinquent.
SEC. 6. Property distrained shall be advertised and sol
how advertis- in such manner, and at such time, as is prescribed, by law, f
ed and sold; advertising and selling property by virtue of a writ of fie
when to be facias; but sales of real estate, under distress warrant
paid into the shall be had on some day during the term of the circu
proceed s,
treasury.
Liability of
sheriff and his
his refusal or
neglect to per-
form any duty
under distress
warrant.
court or county court of the county where the real estate
situated; and the sum collected shall be accounted for an
paid into the treasury, within sixty days after its collection
unless the first Monday of January next following the dat
of the warrant shall intervene, and, in that event, then on
before that day.
causes,
SEC. 7.-The officer to whom any distress warrant sha
securities for be delivered, and his securities, shall be liable for the sam
and in the same manner, and to the same extent, an
with like effect, in all respects, so far as the same may b
applicable, for refusing or neglecting to perform any dut
under such distress warrant, as is provided, by law, agains
sheriffs and their securities, in cases of refusal or neglect o
the part of such sheriffs, to perform the duties prescribed
by law, in case of executions.
New section.
Compensa-
tion of officer
SEC. 8.-The officer collecting money, by virtue of a di
collecting mo-tress warrant, shall receive the same mileage for paying th
ney on dis- same into the treasury as is allowed, by law, to collector
for the same service; but such officer shall not receive suc
mileage, if such money be paid at the time of paying th
tress warrant.
Claims
against State
revenue.
SEC. 9.-Persons having claims against the State sha
to be audited, exhibit the same, with the evidence in support thereof, to th
Auditor, to be audited, settled and allowed, within two year
after such claims shall accrue, and not afterwards.
when.
What claims
may be set-off
against State.
SEC. 10.—In all suits brought in behalf of the State, n

TREASURY DEPARTMENT.
1545
HAP. 160.
bt or claim shall be allowed against the State as a set-off,
t such as have been exhibited to the Auditor, and by him
lowed or disallowed, except only in cases where it shall be
oved, to the satisfaction of the court, that the defendant,
the time of his trial, is in possession of vouchers which he
uld not produce to the Auditor, or that he was prevented
om exhibiting the claim to the Auditor, by absence from
he State, sickness or unavoidable accidents.
Auditor may
examine par-
oath.
under
SEC. 11.-The Auditor, whenever he may think it neces-
ary to the proper settlement of any account, [may] examine ties and wit-
he parties, witnesses and others, on cath or affirmation, nesses
buching any matter, material to be known in the settlement
f such account, and for that purpose may issue subpoenas,
nd compel witnesses to attend before him and give evidence,
the same manner, and by the same means, allowed, by law,
o courts of record. (a)
SEC. 12. All accounts, vouchers and documents, settled,
r to be settled, by the Auditor, shall be preserved in his
ffice; and copies thereof, authenticated by the official seal,
hall be given, without charge, to any person interested
herein, who may require the same, for the purpose of being
used as evidence in the trial of a cause.
SEC. 13. In all cases of accounts, audited and allowed
against the State, and in all cases of grants, salaries, pay and
expenses, allowed by law, the Auditor shall draw a warrant
on the Treasurer for the amount due.
SEC. 14.—The warrant shall be in the following form:
"No.. Auditor's office,
day of
Treasurer of the State of Missouri, pay to
,
out of any money appropriated for the
18-
2
, or bearer,
pay of
Vouchers
and docu
-
ments to be
preserved in
fice; copies
may be given.
Auditor's of-
Auditor to
draw war-
what.
rants, for
Warrant,
form of.
Auditor.
,
Registered the day of
18-.
Treasurer."
SEC. 15. No warrant shall be drawn by the Auditor, or
paid by the Treasurer, unless the money has been previously
appropriated by law; nor shall the whole amount drawn for
or paid, under any one head, ever exceed the amount appro-
priated, by law, for that purpose.
(a) Vide, title Witnesses, sections fourteen and fifteen.
No warrant
to be drawn or
paid, unless
there is an ap-
propriation,
1546
TREASURY DEPARTMENT.
Persons dis-
satisfied with
have claim
СНАР. 10
SEC. 16.—If any person interested shall be dissatisf
Auditor's de- with the decision of the Auditor on any claim, account
cision may credit, the Auditor shall, at the request of such person, c
certified to Ge- tify his decision, with his reasons therefor, specifying t
items rejected, if less than the whole, under the seal of 1
office, and refer the same to the General Assembly. (a)
neral Assem-
bly.
When Au-
ditor shall au-
dit claims and
give a certifi-
cate.
To report to
General As-
lectors in de-
fault.
SEC. 17. In all cases where the laws recognize a cla
for money against the State, and no appropriation shall
made, by law, to pay the same, the Auditor shall audit a
adjust the same, and give the claimant a certificate of t
amount thereof, under his official seal, if demanded; a
shall report the same to the General Assembly, with as lit
delay as possible.
SEC. 18.-The Auditor shall report to the General A
sembly all col-sembly, during the first week of each regular session, a l
of all collectors of the revenue, and other holders of publ
money, whose accounts have remained unsettled for the spa
of six months after they ought to have been settled, accor
ing to law, and the reasons therefor, if known.
Printed co-
pies to accom-
pany his re-
port for use of
Senate and
House.
Auditor to
publish list of
defaulting col-
lectors, how.
Penalty on
Auditor for
failing to com-
ply with last
section.
New section.
Auditor's re-
port shall set
SEC. 19. He shall accompany his report with three tho
sand printed copies of the same, one thousand of which sha
be for the use of the Senate, and the remainder for the u
of the House.
SEC. 20.— When the collectors of the revenue, or oth
holders of the public money, shall fail to pay the amount d
by them into the treasury, within the time prescribed 1
law, the Auditor shall, within thirty days after such defaul
publish, for one week, in four newspapers printed at four
the most public places in the State, a list of all such d
faulters, with the amounts respectively due from each.
SEC. 21.- If the Auditor shall fail to comply with th
provisions of the last section, he shall be deemed guilty of
misdemeanor, and shall, upon conviction, be fined not le
than one hundred dollars for each defaulter he shall fail
publish as therein provided.
SEC. 22.-It shall be the duty of the Auditor of Publ
forth, in sepa- Accounts, in making his report to the Legislature, to sta
rate columns, distinctly, in separate columns, the exact amount of licens
license and ad
valorem taxes,
&c.
(a) The Supreme Court has held that it would grant relief by mandamı
Heard v. Baber, 8 Mo. Rep., 142. Vide, Hutchins v. State, Ibid, 288.
TREASURY DEPARTMENT.
1547
HAP. 160.
xes in one column, the amount of the ad valorem taxes in
hother, and the total amount collected from each county in
third column, each and all of which columns shall be added
, and the total amount stated.
SEC. 23.The Auditor shall, in like manner, add up each
lumn of the abstracts of property charged against the
everal counties, showing the total number of polls and the
mount of taxes thereon, the total number of acres of land,
he value thereof and the taxes thereon, and, in the same
anner, shall add up all the columns of said abstracts, show-
g in every case the total amount of property and the
mount of taxes on the same.
ARTICLE IV.
OF THE TREASURER.
1. Duties of the Treasurer enu- 4. Treasurer may appoint a clerk;
merated.
2. To give duplicate receipts, &c.;
to be charged with amount
received.
3. Penalty on Auditor and Trea-
surer for failing to make set-
tlement; duty of Attorney-
General.
his qualifications; appoint-
ment, &c., to be filed, where
and when.
5. Powers and duties of clerk;
Treasurer responsible on bond
for acts of clerk; clerk not
to have access to, or control
over, funds of treasury.
SECTION 1. The Treasurer shall: First, Receive and
Acts 1849,
p. 114.
Report to
set forth, in
specified, cer-
tain other par-
ticulars.
the manner
Ibid.
Duties of the
keep all the moneys of the State, not expressly required, by Treasurer.
aw, to be received and kept by some other person; Second,
Disburse the public moneys upon warrants drawn upon the
treasury, according to law, and not otherwise; Third, Keep
a just, true and comprehensive, account of all moneys received
and disbursed; Fourth, Keep a just and true account of each.
head of appropriation made by law, and the disbursements
made under the same; Fifth, Render his accounts to the
Auditor, for settlement, quarterly, or oftener if required;
Sixth, Report to each house of the General Assembly, du-
ring the first week of each regular session, a detailed state-
ment of the condition of the treasury, and its operations for
the two preceding years; Seventh, Give information, in writ-
ing, to either house of the General Assembly, whenever re-
quired, upon any subject connected with the treasury, or
touching any duty of his office; and, Eighth, Perform all
such other duties as may be required by law.
To give re-
SEC. 2.-The Treasurer shall grant duplicate receipts, ceipts, &c.
4
1548
TREASURY DEPARTMENT.
To be charg-
ed with the
amount re-
ceived.
CHAP. 16
under the seal of his office, for all sums of money which sha
be paid into the treasury; and the person receiving the san
shall deposit one of them with the Auditor, who shall creč
such person accordingly, and charge the Treasurer with t
amount.
Penalty on SEC. 3. If the Auditor or Treasurer shall fail to mal
Auditor or
Treasurer for settlement, as required by the fifth subdivision of the fir
failing to section of this article, he shall forfeit and pay to the Sta
ment; duty of the sum of five hundred dollars for every such failure, to I
Attorney-recovered by civil action; and it shall be the duty of th
make settle-
General.
&c.
Powers and
Attorney-General to bring such action, whenever he shall I
informed that such officers, or either one, have failed to con
ply with such provision.
Treasurer SEC. 4.The State Treasurer shall have power to appoin
may appoint
a clerk; his a clerk, who shall possess all the qualifications of the Tre
qualifications, surer; and every such appointment, with the oath of offic
appointment,
endorsed thereon, shall be filed in the office of the Secretar
of State, before he enters upon the duties of his office.
SEC. 5.-Such clerk, when so appointed and qualifie
duties o f shall possess all the powers, and may perform any of th
clerk; Trea-
surer respon- duties, prescribed by law, to be performed by the Treasurer
and the Treasurer, and his securities on his official bond, sha
be responsible for the official acts of such clerk; but this se
tion shall not be construed to authorize such clerk to hav
access to, or control over, the treasury, or any funds thereo:
sible for acts of
clerk; clerk
not to have ac-
cess to, or con-
trol over,
funds.
ARTICLE V.
MISCELLANEOUS PROVISIONS.
31. Auditor and Treasurer to have 3
free access to each other's
office, books, &c.
2. Shall keep letter-book; what to
enter therein.
3. Penalty on Auditor for issuing
a warrant without authority.
4. Penalty on Treasurer refusing
to pay a warrant.
5. Penalty on Auditor and Trea-
surer for neglect of duty,
oppression, extortion, &c.
6. Accounts audited and found
due, declared to be a lien.
7. Governor to select members of
the General Assembly to set-
tle with the Auditor and
Treasurer, and examine Re-
gister's office, when.
8. Oath to be taken by members
9. Members appointed to settle
make report, &c.
10. Shall examine into conditio.
and affairs of Register's of
fice, and report.
11. Vacancy in the office of Audit
or or Treasurer, how filled
12. Governor to cause settlemen
to be made with Auditor o
Treasurer in certain cases.
13. Statement of settlement to b
delivered to the party enti
tled to the same, when.
14. When duplicate statements o
settlement shall be made.
15. Settlement approved, entries
to be made; if disapproved,
another made.
TREASURY DEPARTMENT.
1549
HAP. 160.
16. Compensation of the person 18. Each security offered on bond
appointed by the Governor
to act as Auditor or Trea-
surer.
17. Power of Auditor and Trea-
surer to administer oaths,
when.
of Treasurer, to take an
oath, &c.
19. Secretary, Auditor and Regis-
ter, may prepare forms, aud
give directions for official
returns and reports.
ARTICLE V.
MISCELLANEOUS PROVISIONS.
SECTION 1.-The Auditor and Treasurer shall have free
ccess to each other's offices for the inspection of all books,
ccounts and papers, which they respectively contain, and
ree access to all other offices of the State, for the inspection
of such books, accounts and papers, as concern any of their
luties.
SEC. 2. The Auditor and Treasurer shall each keep a
etter-book, in which shall be recorded all official letters
which they may write.
SEC. 3.—If the Auditor shall knowingly issue any war-
rant upon the treasury, not authorized by law, he shall,
upon conviction thereof, be fined in a sum not exceeding four-
fold the amount of such warrant, and imprisoned for any
ength of time not exceeding one year, and shall be [deemed]
guilty of a misdemeanor in office.
SEC. 4.—If the Treasurer shall, willfully and unlawfully,
refuse to pay any warrant lawfully drawn upon the treasury,
he shall forfeit and pay to the holder thereof fourfold the
amount of such warrant, to be recovered by civil action against.
the treasurer and his securities, on his official bond, or other-
wise, according to law, and the Treasurer shall be deemed
guilty of a misdemeanor in office.
SEC. 5.-If the Auditor or Treasurer shall willfully
neglect or refuse to perform any duty enjoined by law, or
shall be guilty of any oppression or extortion, in the per-
formance of any legal duty, or shall receive any fee or re-
ward for the performance of any legal duty not allowed by
law, or, by color of his office, shall knowingly do any act
not authorized by law, or in any other manner than is re-
quired by law, he shall forfeit to the State any sum not
exceeding one thousand dollars, and shall be deemed guilty
of a misdemeanor in office.
Auditor and
Treasurer to
have free ac-
cess to each
other's office,
books, &c.
Shall keep
letter-book.
Penalty on
Auditor for
issuing a war-
rant without
authority.
Penalty on
Treasurer re-
fusing to pay
a warrant.
Penalty on
Auditor and
Treasurer for
neglect of du-
sion, extor-
tion, &c.
ty, oppres-
1550
TREASURY DEPARTMENT.
Accounts
audited and
found due, de-
clared to be a
lien.
Governor to
select mem-
General As-
sembly to set-
tle with the
CHAP. 16
SEC. 6.—The amount of every account audited, adjuste
and found due to the State, according to this act, with th
penalties and interest thereon, is declared to be a Hien upd
the real estate of the person charged with the same, fro
the time that suit shall be commenced for the recover
thereof.
SEC. 7.-On or before the first day of October, [next
bers of the preceding the regular session of the General Assembly, th
Governor shall select and notify one member elected to th
Senate, and two members elected to the House of Repr
sentatives, to attend at the Seat of Government, thirty day
before the commencement of the session, for the purpose
settling with the Auditor and Treasurer, and to examine int
the condition and affairs of the Register's office.
Auditor and
Treasurer,
and examine
Register's of-
fice.
Oath to be
taken by mem-
bers.
Members
appointed to
settle, make
report, &c.
Shall exam-
ine into con-
SEC. 8. The members thus selected, before enterin
on such duties, shall take the oath required, by the Cor
stitution, of members of the General Assembly, which sha
be endorsed and certified on their certificates of election. (
SEC. 9. The members selected, or a majority of then
shall make such settlement, and make to each house of th
General Assembly a report thereof; and, if they approve th
same, shall cause proper entries to be made in the books
the Auditor and Treasurer's offices, showing the result of suc
settlement, and immediately thereupon shall cause all th
vouchers which shall have been examined and allowed in suc
settlement to be defaced, by writing, in large letters on th
face thereof, the word "canceled."
SEC. 10.-It shall, also, be the duty of the members thu
dition and af- selected to examine into the condition and affairs of th
fairs of Re-Register's office, and to make to each house of the Genera
gister's office,
and report.
Assembly a report thereof.
Vacancy in
the office of
how filled.
SEC. 11.- In case of the death, sickness, absence from
Auditor or the State, removal from office or impeachment, of any Au
Treasurer, ditor or Treasurer, the Governor may make an appointmen
for the time being, of some suitable person to perform th
duties of such office, until a successor can be elected o
appointed, according to law, or until such absence or disa
Settlement bility shall cease.
made with
them in cer-
tain cases.
SEC. 12. Immediately after the appointment and qual
(a) Vide, Article three, section thirty-two, of the State Constitution.
TREASURY DEPARTMENT.
1551
HAP. 160.
cation of any Auditor or Treasurer, or the resumption of
is duties by either officer, if, in the meantime, an Auditor
Treasurer pro tempore shall have been appointed, the
feneral Assembly, if in session, or, if not, the Governor,
hall cause a settlement to be made of the accounts of the
ormer Auditor or Treasurer, or Auditor or Treasurer pro
empore, remaining unsettled, in the manner provided in the
eventh, eighth and ninth sections of this article.
Statement
of settlement
to be deliver-
SEC. 13. If the General Assembly shall be in session
when such settlement is made, it shall cause to be made out
nd delivered to the person entitled thereto, a certificate of ed to the party
uch settlement, showing the balance of moneys, securities and
effects, for which he is accountable, and what has been
delivered to his successor.
SEC. 14.- If the General Assembly shall not be in session
when such settlement is made, the persons appointed by the
Governor to make such settlement shall make out duplicate
certificates of such settlement, showing what is required to
be shown in the certificate to be made out according to the
provisions of the preceding section, one of which shall be
delivered to the person entitled thereto, and the other to the
Governor, to be laid before the General Assembly at its next
session.
SEC. 15. — When the certificate mentioned in the next
preceding section shall be laid before the General Assembly,
if it approve the same, it shall cause the proper entries to be
made in the books of the Auditor and Treasurer; and if it
disapprove thereof, it shall cause another settlement to be
made.
SEC. 16.- Any person appointed by the Governor, in
virtue of the eleventh section of this act, shall receive the
same compensation allowed, by law, to the officer whose duty
he is appointed to perform, in proportion to the time he shall
be engaged in such service.
SEC. 17.- The Auditor and Treasurer shall each have
power to administer all oaths and affirmations required or
allowed, by law, in matters touching the duties of their offices.
SEC. 18. Each security offered on the bond of the
Treasurer of the State shall make oath, either before the
Governor, verbally, or before some judge or justice of the
peace, in writing, to be laid before the Governor, that he
*R 2 — VOL. II.
entitled to the
same, when.
When du-
plicate state-
tlement shall
ments of set-
be made.
Settlement
approved, en-
made; if dis-
approved, an-
made.
tries to be
other to be
Compensa-
tion of the
pointed to act
as Auditor or
person ap-
Treasurer.
Power of
Auditor and
Treasurer to
administer
oaths.
Each secu-
rity offered on
bond of Trea-
surer, to take
an oath, &c.
1552
TRESPASS.
Secretary of
State, Auditor
and Register,
may, in cer-
tain cases,
rections for of-
CHAP. 16
verily believes himself to be worth the amount set opposi
his name, after the payment of all debts for which he is
any wise bound or liable.
SEC. 19.—It shall be the duty of the Secretary of Stat
Auditor of Public Accounts and Register of Lands, in a
cases, when they may deem it necessary so to do, to mak
prepare forms out blank forms of such returns and reports as are required
and give di-
by law, to be made to their respective offices, by clerks
ficial returns courts and other county officers, and transmit the same t
and reports.
such officers, and, when necessary, shall accompany the sam
with directions; and such officers shall make their returns an
reports in conformity to such forms and directions.
Acts 1847,
p. 105.
Approved December 1, 1855.
Treble da-
mages reco-
passes.
000
CHAPTER CLXI.
TRESPASS.
AN ACT TO PREVENT CERTAIN TRESPASSES.
1. Treble damages recoverable for | 4. When single damages only re
certain trespasses.
2. Throwing down or leaving open
doors, &c., forfeiture of five
dollars, and double damages.
3. Penalties and damages, how
recovered; when paid to the
county.
5.
coverable.
Slave committing certain tres
passes, owner liable for sin
gle damages.
6. Employer or hirer of a slav
responsible, when, and in
what manner.
Be it enacted by the General Assembly of the State of Mis
souri, as follows:
SECTION 1.—If any person shall cut down, injure or de
verable for stroy, or carry away, any tree, placed or growing for use,
certain tres- shade or ornament, or any timber, rails or wood, standing,
being or growing, on the land of any other person, or shall
dig up, quarry or carry away, any stones, ore or mineral,
gravel, clay or mould, roots, fruits or plants, or cut down or
carry away, grass, grain, corn, flax or hemp, in which he has
no interest or right, standing, lying, or being on land not his
own, or shall knowingly break the glass, or any part of it, in
any building not his own, the person so offending shall pay to
TRESPASS.
1553
CHAP. 161.
he party injured treble the value of the thing so injured,
roken, destroyed or carried away, with costs. (a)
Throwing
down or lear-
ing open bars,
doors, gates or
fences, for-
feiture of five
SEC. 2.—If any person shall voluntarily throw down or
pen any doors, bars, gates or fences, and leave the same
pen or down, other than those that lead into his own inclos-
re, he shall pay to the party injured the sum of five dol-
ars, and double the amount of damages the party shall sus-
ain, by reason of such doors, bars, gates and fences, having mages.
een thrown down or opened, with costs.
SEC. 3.- All penalties contained in the preceding section
may be recovered by civil action, founded on this statute, or
by indictment, at the option of the party injured, in any
ourt having jurisdiction of the same; and when the pro-
ceeding is by indictment, such penalties shall be paid into
he county treasury.
SEC. 4.—On the trial of any action or prosecution,
brought upon this statute, if it shall appear that the defend-
ant had probable cause to believe that the land on which the
trespass is alleged to have been committed, or that the thing
so taken, carried away, injured or destroyed, was his own,
the plaintiff in the action or prosecution shall receive single
damages only, with costs. (b)
(a) Nash v. Primm, 1 Mo. Rep., 125. Where A permits B to live on his
and, to take care of it, a trespass committed on the land by C is against
the rights of A, and he can sustain an action for the injury. Russell v.
Thorn, Ibid, 275. Vide, Perry v. Block, Ibid, 342; Montagne v. Papin,
Ibid, 511; Papin v. Ruelle, 2 Mo. Rep., 26. A plea of justification admits
the trespass. Burton ». Sweeney, 4 Mo. Rep., 1. Vide, Donohoe, v. Chap-
bell, 4 Mo. Rep., 24; Withington v. Young, Ibid, 561; Roussin v. Benton,
6 Mo. Rep., 592; Cooper v. Maupin, Ibid, 624. Those who direct a tres-
pass, or assent to a trespass for their benefit after it is done, are equally
liable with those who actually commit it. Canifax v. Chapman, 6 Mo.
Rep., 175.
Vide, Davis v. Wood, 7 Mo. Rep., 162; Richardson v. Murrill,
7 Mo. Rep., 333: Gale v. Davis, 7 Mo. Rep., 544. In an action of trespass,
where the declaration contains counts under the statute, and at common
law, and entire damages are assessed, the damages will not be trebled, it
not appearing from the verdict that the damages were assessed on the sta-
tutory counts only. (Cooper v. Maupin, 6 Mo. Rep., 624.) Lowe v. For-
sythe & Harrison, 8 Mo. Rep., 350. Vide, Bank of Missouri v. Francis-
cus, 15 Mo. Rep., 303. A general finding for the plaintiff, with no finding
of the value of the thing injured, destroyed or carried away, will not
authorize the court to treble the damages. (Ewing v. Leaton, 17 Mo.
Rep., 465, affirmed.) Labeaume v. Woolfolk, 18 Mo. Rep., 514.
Keeton v. Audsley, 19 Mo. Rep., 362. The statutory remedy for trespass
on land does not supersede the common law remedy. So, a complaint before
a justice, which would be insufficient under the statute, may yet be good
for the common law action. Tackett v. Huesman, 19 Mo. Rep., 525. Vide,
Pearson v. Inlow, 20 Mo. Rep., 322.
(b) Emerson v. Beavaus, 12 Mo. Rep., 511.
Vide.
dollars, and
double da-
Penalties
and damages,
how recover-
be paid to the
county.
ed; when to
When single
damages only
recoverable.
1554
TRUSTS AND TRUSTEES.
Slave com-
mitting cer-
tain trespass-
es, owner lia-
ble for single
damages.
Employer or
hirer of a
sible, when.
CHAP. 162
SEC. 5.-If a slave commit any of the offences containe
in the first and second sections of this act, it shall be lawfu
for the person injured to bring an action for the recovery
single damages, against the owner of the slave, under th
same regulations and restrictions as are in this act heretofor
provided.
SEC. 6. If such slave, at the time of committing suc
slave respon- trespass, shall be in the employment or hire of another [any
person other than the owner, such person shall be account
able for all trespasses such slave shall commit, whilst so em
ployed or hired, in the same manner that the owner is mad
accountable by this act for the trespass of his slave.
Approved November 17, 1855.
Proceedings
in execution of
deed of trust,
where the
trustee shall
dic, &c., with-
out having ex-
ecuted it.
CHAPTER CLXII.
TRUSTS AND TRUSTEES.
AN ACT CONCERNING TRUSTS AND TRUSTEES.
31. Proceedings in execution of 5. Application to be determined
deed of trust, where the trus-
tee shall die, &c., without
having executed it.
2. Sheriff of county to be ap-
pointed trustee; his powers
and duties.
3. Trustee to give bond, unless
same is dispensed with by
the instrument creating the
trust.
4. Petition, setting forth the rea-
sons why trustee should give
security, to be presented to
circuit court; notice to be
given to trustee.
summarily, how.
6. Manner of executing bond
prescribed.
7. If trustee fail to give bond
his trusteeship shall cease
court shall appoint a new
trustee.
8. New trustee to give bond; in
default, to dismiss him, and
appoint a trustee who wil
give the required security.
9. Person paying money in good
faith to a trustee not respon-
sible for its proper applica-
tion.
Be it enacted by the General Assembly of the State of Mis
souri, as follows:-
SECTION 1.— If any trustee, in a deed of trust to secure
the payment of a debt or other liability, shall die, or become
insane, or remove from the State, without having completed
the performance of the duties imposed on him by the deed of
trust, any person interested in the debt or other liabilty, se-
cured by such deed of trust, may prepare his affidavit, stat-
TRUSTS AND TRUSTEES.
1555
CHAP. 162.
p. 127.
ng the facts of the case specifically, and present the same to Acts 1819,
he circuit court of the county in which the property or es-
ate conveyed by such deed of trust, or a part thereof, may
be situated.
ap-
Sheriff of
County to be
appointed
duties.
SEC. 2.-If such court shall be satisfied that the facts
tated in such affidavit are true, it shall make an order
pointing the sheriff of the county trustee, to execute such trustee; his
leed of trust, in place of the original trustee; and there- Powers and
pon such sheriff shall be possessed of all the rights, power
and authority, possessed by the original trustee under the
leed of trust; and such sheriff shall proceed to sell and con-
rey the property, and to pay off the debts and liabilities, ac-
cording to the terms and directions of the deed of trust;
and shall do all other acts that the original trustee had power
to do, and with the same force and effect.
Ibid.
Trustee to
give bond, un-
trust.
SEC. 3. Every trustee appointed, or who may be ap-
pointed, by any last will, deed, or other instrument of writ-less same is
ing, to hold, manage or dispose of any property or estate, dispensed
with by the
real, personal or mixed, for the use or benefit of any other instrument
person, may be required by the circuit court of the county in creating the
which any such will shall be proved and recorded, or in which
such deed or instrument of writing shall be recorded, to give
bond in such sum, and with such securities, as the court shall
direct, conditioned for the faithful execution of the trust,
unless the will, deed, or other instrument of writing, creating
such trust, shall, in express terms, dispense with security.
1
SEC. 4. - Any person having a beneficial interest, present
or future, absolute or contingent, in the trust property, may
apply to such court for security, by a petition in writing,
stating plainly and briefly why security ought to be given by
the trustee, and shall deliver to the trustee a copy of the
petition, and a notice in writing, of the time when it will be
presented, at least ten days before the application is made.
SEC. 5. The trustee may answer the petition, in writing,
and the court shall hear and determine the application sum-
marily, and shall, as may be just, either reject the petition,
or direct the trustee to give security.
SEC. 6.—When security is directed to be given, the bond
shall be to the State of Missouri, for the use of all persons
beneficially interested in the trust property, and in such sum
as the court shall direct; and shall be executed, approved by
Ibid.
Petition, set-
reasons why
ting forth the
trustee should
give security,
to be present-
ed to circuit
court; notice
to be given to
trustee.
Application
to be deter-
mined sum-
marily, how.
Manner of
executing the
bond.
1556
VAGRANTS.
Trustee fail-
ing to give
bond, his trus-
CHAP. 16
the court or judge thereof, and filed in the office of said cour
within the time to be specified in the order of court.
SEC. 7.—If the trustee fail to give bond and security, i
the time and manner required by the court, his trusteeship
teeship shall and all his title, right and power to, in and over, the tru:
shall appoint property, shall cease, and the court shall appoint a new tru
a new trustee. tee in his stead, who shall immediately be invested with a
the title, right and power of the former trustee.
cease; court
New trustee
to give bond;
in default, to
SEC. 8.-The court may, upon its own motion, or upc
the application of any person interested, require and caus
dismiss him, the new trustee, from time to time, and as often as may b
and appoint a
trustee who to give such security as shall be sufficient to ensure the faitl
will give the ful execution of the trust, or, in default thereof, to dismi:
required secu-
him, and appoint another trustee in his stead, who will giv
the required security, and [to] be approved by the court.
rity.
Person pay-
ing money to
for its proper
application.
SEC. 9.-No person who shall, in good faith, pay mone
a trustee not to a trustee, or other person acting in a fiduciary capacity
responsible authorized to receive the same, shall be responsible for th
proper application of such money; nor shall any right
title derived by him from such trustee, or other fiduciary, i
consideration of such payment, be called in question in cor
sequence of any such misapplication. (a)
Approved November 20, 1855,
CHAPTER CLXIII.
VAGRANTS.
AN ACT RESPECTING VAGRANTS.
21. Who deemed vagrants.
2. Keepers of gaming-tables and
itinerant gamblers deemed
vagrants.
3. Justice to issue his warrant to
apprehend vagrant.
4. Vagrancy to be established by
verdict; proceedings to hire
out such vagrant.
8 5. Minor to be committed or gi
recognizance; court to dire
sheriff to bind him out, &c
6. Hire of vagrants disposed o
Duty of sheriffs and constabl
to give information, of what
Grand juries to make preser
ments of vagrants; procee
ings thereon.
7.
8.
(a) This section is almost a literal transcript from the Indiana Code, 1852, and will, dou
less, receive a like construction with that, although in that Code the word "such" is n
used, and the word "misapplication" is followed by the words "by the trustee of sy
morey."
VAGRANTS.
1557
HAP. 163.
e it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.-Every able-bodied person who shall be found
itering or rambling about, not having wherewithal to main-
in himself by some visible property, and who doth not be-
ke himself to labor, or some [other] honest calling, to pro-
re a livelihood, and able-bodied persons who are found beg-
ng and who quit their houses and leave their wives and chil-
en without the means of subsistence, shall be deemed and
eated as vagrants. (a)
SEC. 2.- All keepers or exhibiters of any gaming-table
gambling device, and all persons who travel or remain in
eamboats, or go from place to place, for the purpose of
ming, shall be deemed and treated as vagrants.
SEC. 3.— When any such person is found, any justice of
e peace of the county shall, upon information, or from his
wn knowledge, issue his warrant to the sheriff or constable
bring such person before him.
SEC. 4.-If, upon due examination, it shall appear to said
astice that he is a vagrant, as above set forth, and the fact
aving been established by the verdict of a jury, which shall,
all cases, be summoned, and sworn to inquire whether the
erson be a vagrant or not, he shall make out a warrant,
uthorizing the sheriff or constable to keep said vagrant in
is custody until three days' notice can be given, by advertise-
ent, set up in the most public places in the county, and to
ire out such vagrant at the court-house door, in said county,
or the term of six months, to the highest bidder, for cash in
and.
SEC. 5. If such person be a minor, the justice of the
eace shall commit him to jail, unless such minor enter into
ecognizance to appear at the next term of the county court;
nd it shall be the duty of the county court to direct the
heriff to bind him apprentice to some useful trade or occu-
ation until he arrives at the age of twenty-one years; and
uch vagrant minor shall, in all respects, be subject to the
aws regulating apprentices.
Who deem-
ed vagrants.
Keepers of
gaming-tables
and itinerant
gamblers
deemed va-
grants.
Justice to
issue warrant:
to apprehend
vagrant.
Vagrancy to
be establish-
ed by verdict;
proceedings to
hire out such
vagrant.
Minor to be.
committed, or
give recogni-
zance, &c.;
court to direct
sheriff to bind
him out, &c.
Hire of va-
SEC. 6. The moneys arising from the hire of any va-
rant shall be applied, by the justice of the peace, after the grants, how
(a) City of St. Louis v. Bertz, 11 Mo. Rep., 61.
disposed of..
1558
VENUE.
Duty of
sheriffs and
constables to
CHAP. 16
payment of costs, to the paying of his debts. If he shall n
be indebted, or do not owe the amount of his hire, the sam
or balance, shall be paid to such vagrant at the expiration
such time of service, unless he has a wife or children,
which case it shall be applied to their use.
SEC. 7. All sheriffs and constables within the sever
counties of this State shall give information, to some justi
give informa- of the peace, of all vagrants within their knowledge in the
tion, of what.
respective counties.
Grand juries
sentment of
ceedings
SEC. 8. Grand jurors, empanneled for a county, sha
to make pre-make presentments of all such persons, within the count
vagrants; pro- whom they may suspect to be vagrants; and, upon any su
presentment, the court shall direct some justice to issue
warrant to bring such suspected person before him; and su
examination shall be had, and such steps taken, as heretofo
directed.
thereon.
Approved November 17, 1855.
CHAPTER CLXIV.
VENUE.
AN ACT PROVIDING FOR THE CHANGE OF VENUE IN CIVIL CASES.
21. In what cases a change of venue
10. Failing to pay costs for fifte
may be awarded.
2.
Changes of venue, when not
allowed.
11.
12.
days, how proceeded again
What the clerk shall recover
Failure to send, or loss of p
pers, not to operate as a d
continuance of the case; h
supplied.
3. Application for change of venue
may be presented in vacation.
4. Notice having been given, court
to hear and determine.
5. When the court may award a
change without application by
either party.
6. Change awarded in vacation,
order to be transmitted to the
clerk where the cause is
pending.
7. What copies and papers clerk
shall make out and transmit
to clerk where cause is re-
moved.
8. The clerk of the court to which
the cause is removed, to file
papers and docket the cause.
9. Costs of change of venue to be
paid by petitioner.
13. No change of venue allow
from St. Louis county.
14. Changes of venue allowed fro
one court to another, excep
ing, &c.
15. A special venire shall issue
summon a jury from the cit
or from the county outside
the limits of the city, wher
16. Courts to have jurisdiction
try causes transferred
them by change of venue.
17. The St. Louis Circuit Court
have jurisdiction of caus
brought from the circuit cou
of any other county by chan
of venue.
VENUE.
1559
CHAP. 161.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1. A change of venue may be awarded in any
ivil suit, in any circuit court, for any of the following causes:
First, That the judge is interested [or] prejudiced, or is re-
ated to, or has been of counsel in the cause for, either party;
Second, That the opposite party has an undue influence over
he mind of the judge; Third, That the inhabitants of the
ounty are prejudiced against the applicant; Fourth, That
he opposite party has an undue influence over the inhabit-
nts of the county. (a)
SEC. 2. No change of venue shall be allowed to a de-
endant in any civil cause, unless the application therefor be
hade before the return day of the summons, until he shall
ave filed his answer to the merits. (b)
In what cases
a change of
venue may be
awarded.
Changes of
venue, when
not allowed.
Application
for change of
venue may be
vacation.
SEC. 3.- Any party in such cause may present to the
ourt, or the judge thereof in vacation, a petition, setting
orth the cause of his application for a change of venue, and presented in
hall annex thereto an affidavit to the truth of the petition,
nd alleging that he has just cause to believe that he cannot
ave a fair trial on account of the causes alleged.
SEC. 4. — If reasonable notice shall have been given to
he adverse party, or his attorney, the court shall hear the
ase, and award a change of venue to some court where the
auses complained of do not exist, as convenient as may
o the opposite party. (c)
SEC. 5.—If the judge is interested, or related to, or shall
ave been of counsel in the cause for, either party, the court
r judge may award such change of venue, in his discretion,
ithout any application from either party; but neither party
hall have more than one change of venue.
SEC. 6. If any judge award such change of venue, in
acation, he shall immediately transmit to the clerk of the
ourt wherein the cause is pending the petition and affidavit,
ith a written order for the change of venue.
(a) Vide, Cupples v. Hood, 1 Mo. Rep, 351; Powers v. Browder, 13
10. Rep., 154. A change of venue is properly refused, unless the party
plying for it has complied with the requisitions of the statute. Lewin
Dille, 17 Mɔ. Rep., 64. Vide, Chouteau v. Nuckolls, 20 Mo. Rep., 442.
(b) Vide, Perry v. Roberts, 17 Mo. Rep., 36.
(c) Reed v. State, 11 Mo. Rep., 379.
Notice har-
ing been
given, court to
bear and de-
termine.
When court
may award a
change with-
out applica-
tion.
Change
awarded in va-
to be transmit-
cation; order
ted, to what
clerk.
*
*S VOL. II.
1560
VENUE.
and papers
make out and
transmit to
clerk where
cause is re-
CHAP. 164
What copies SEC. 7.—When any such order shall be made by the cour
clerk shall or judge, the clerk shall immediately make out a full tran
script of the record and proceedings in the cause, including
the petition and affidavit and order of removal, and transmi
the same, duly certified, together with all the original papers
filed in the cause, and not forming a part of the record, t
the clerk of the court to which the removal is ordered; and
for failure to do so, shall forfeit one hundred dollars to the
party aggrieved, to be recovered by civil action.
moved.
Papers to be
filed and cause
docketed.
Costs of
change of ve-
nue to be paid
by petitioner.
Failing to
pay costs for
fifteen days
how proceed
ed against.
What clerk
shall recover.
Failure to
send, or loss of
papers, not to
operate as
discontinu-
ance of case;
how supplied.
No change
of venue al-
SEC. 8.-The clerk of the court to which such cause i
certified shall file the same, and the cause shall be docketed
proceeded in and determined, as if it had originated therein
SEC. 9.— All the costs and expenses attending any such
change of venue, made on the application of either party
shall be taxed, and paid by the petitioner, and [shall] no
[be] taxed in the costs of the suit.
SEC. 10. If such petitioner fail to pay such costs withi
fifteen days after the change of venue, such clerk may mak
out a fee-bill against such petitioner, and his securities, (i
any,) and deliver the same to any sheriff, who shall levy and
collect the same, with fifty per cent. thereon for the use o
the clerk, as other fee-bills.
SEC. 11. Such clerk may recover the amount of such
fee-bills, and fifty per cent. thereon, by civil action.
SEC. 12. - If any clerk fail to transmit the transcript an
papers in any cause, the venue whereof has been changed, o
if such papers be sent and lost, such loss or failure shall no
operate as a discontinuance of such cause, but, at the nex
term of said court, [they] may be filed; or, if lost, copies o
the originals may be furnished and filed, and the cause shal
proceed as if no such failure or loss had happened.
SEC. 13. No change of venue in civil cases shall b
lowed from St. allowed from any court in St. Louis county to any othe
Louis county county.
Changes of
venue allowed
from one court
to another, ex-
cepting, &c.
SEC. 14.
Changes of venue may be allowed for any rea
son now provided by law, from any court of record in sai
county, excepting the probate court and county court, to an
other court of record therein, (excepting said probate an
Acts 1853, county court;) and, upon the same being allowed, and th
record of the cause being filed in the office of the clerk o
the court to which such change of venue is taken, the cour
p. 379.
WAY.
1561
CHAP. 165.
to which such cause is removed shall have jurisdiction, and
shall proceed to hear and determine the same.
SEC. 15. — When a party to any action pending in any
court of record, not excepted in the next preceding section,
shall file his affidavit, stating that the inhabitants of the city
of Saint Louis are prejudiced against him, then a special
venire shall issue, to summon a jury who reside in said
county outside of the city of St. Louis, to try said cause;
and if such affidavit state that the minds of the inhabitants
of said county [outside of the city of St. Louis] are thus
prejudiced, then a similar venue shall issue to summon a jury
who reside in the city of St. Louis.
SEC. 16. All courts to which changes of venue shall be
taken under the provisions of this act, shall have jurisdiction
to hear and determine all civil cases transferred to them re-
spectively, and shall proceed to final judgment and execu-
tion, although such case would not otherwise be cognizable
therein.
SEC. 17.- All causes in which a change of venue shall be
awarded by the circuit court of any other county, to the
county of Saint Louis, shall be certified and transferred to
A special
venire shall is-
sue for a jury
from the city,
county out-
side of city,
or from the
when.
Acts 1953,
p. 379.
Courts to
have jurisdic-
transferred to
them.
tion of causes
The St. Lou-
is Circuit
jurisdiction of
Court to have
causes from
other circuit
the circuit court as heretofore; and the said circuit court
shall have power and jurisdiction to hear and determine the courts.
same, although such cases would not otherwise be cognizable
therein, under the provisions of this act.
Approved November 19, 1855.
CHAPTER CLXV.
WAY.
AN ACT TO ENABLE PERSONS TO SECURE THE RIGHT OF WAY IN CERTAIN
CASES.
21. County court to appoint com-3 6. Report rejected, other commis-
missioners to mark out a pri-
vate road, when.
2. Applicant to give notice to the
person over whose land the
road is to pass, how.
3. Commissioners to take oath;
to be filed.
sioners may be appointed, or
the application dismissed.
7. Report approved, road to be
opened; width thereof; pe-
nalty for obstructingit; appli-
cant to put up gates, when.
Right of way vested forever in
applicant, when.
8.
4. Commissioners to make report
to the next county court.
9.
Right of way to a public mill,
5. Objections to report to be filed,
when; proceedings thereon.
and to separate tracts of land,
how established.
1562
WAY.
commission-
road, when.
CHAP. 165.
Be it enacted by the General Assembly of the State of Mis
souri, as follows:-
County court SECTION 1. That when the lands of any person shall be
to appoint surrounded or enclosed, or be shut out and cut off from a
ers to mark public highway, by the lands of any other person or persons,
out a private who refuse to allow to such person a private road to pass to
or from his or her said land, it shall be the duty of the county
court, on petition of any person whose land is so surrounded
or shut out, to appoint three disinterested householders of
the township in which the land lies, as commissioners, to view
and mark out a road from the lands of the petitioner to the
nearest public highway, and to assess the damages the person
will sustain through whose land the road will pass. (a)
Applicant
for a private
road to give
notice, to
whom, and
how.
Commission-
oath,
SEC. 2.-The person desiring to secure the right of way
shall give the person or persons through whose lands the
road will run, at least ten days' notice of such intended ap
plication, by delivering to him or them, or by leaving, a writ
ten notice at his or their usual place of abode; and satisfactory
evidence that such notice has been given shall be presented
to the court, before commissioners shall be appointed.
SEC. 3. The commissioners shall, before entering upon
ers to take an the discharge of their duties, take and subscribe an oath, be
fore some judge or justice of the peace, that they are not in
terested, nor of kin to either of the parties interested, in the
proposed road, and that they will faithfully and impartially
view and mark out said road, to the greatest case and conve
nience of the parties, and as little as may be to the injury of
either, and assess the damages which will be sustained by
the party through whose lands the road will run.
To make re-
county court.
SEC. 4. Said commissioners shall make out a report of
port to next their proceedings, stating particularly the course and distance
of said road, and the amount of damages assessed, which re-
port, together with a certificate of the oath, shall be returned
to the court issuing such order, at the next term thereafter.
to be filed by the clerk of said court.
(a) Cooper v. Maupin, 6 Mo. Rep., 624; Carlin v. Paul, 11 Mo. Rep.
32. The right of way, of necessity, exists in all cases in which an individual
owns land surrounded by other lands, excluding it from any public high-
way. Snyder v. Warford. 11 Mo. Rep., 13. The act only provides a mode
for establishing a right already existing. Ibid. Vide, Walker v. Newhouse,
14 Mo. Rep., 373.
WAY.
1563
CHAP. 165.
Objections to
to be filed.
report, when
Proceedings
SEC. 5.-If the person through whose land the road shall
run, object to the report of the commissioners, he shall file his
objections, in writing, at the term of the court at which the
report is made; and the court shall proceed to hear, try and
determine, the same, upon the evidence brought before them thereon.
at such term, unless the same be continued for good cause.
If the objections be found good by the court, the report shall
be rejected, and the court may proceed to appoint other com-
missioners, who shall proceed to act in all respects as if
originally appointed, and the petitioner shall pay all costs at-
tending the first report. If the objections are overruled, the
report shall be confirmed, and the objector shall pay all costs
attending the trial of his objections.
SEC. 6. Upon the rejection of the report of any com-
missioners, the court may dismiss the petition or appoint com-
missioners, as set forth in the preceding section.
Proceeding,
when report is
rejected.
Proceeding,
when report is
SEC. 7.If the report be approved by the court, and the
petitioner shall produce satisfactory evidence that he has paid approved.
the damages assessed, (or tendered payment, if the party re-
fuse to receive it,) and all costs attending the proceeding, the
court shall grant an order to said petitioner to open a road,
not exceeding fifteen feet in width; and if any person or per-
sons obstruct said road, such person or persons shall be lia-
ble to all the penalties for obstructing a public road: Pro-
vided, however, If such road shall pass through any enclosure,
and it shall be required by the owner thereof, the person ap-
plying for such road shall put up and keep at each entrance
into such enclosure, a good and substantial swinging gate.
SEC. 8. Upon the establishment of the right of way, as
is in this act provided, the same shall vest in the party and
his or her heirs or assigns forever.
SEC. 9. Any person desiring to secure the right of way
to a public mill, or any person owning separate tracts of land,
may secure the right of way, by proceeding as is in this act
provided for securing the right of way to a public highway.
Approved November 19, 1855.
Right of
way vested
forever in ap-
plicant, when.
Right of
way to a mill,
tablished.
&c., how es-
1561
WEIGHTS AND MEASURES.
CHAP. 166.
CHAPTER CLXVI.
WEIGHTS AND MEASURES.
AN ACT TO REGULATE WEIGHTS AND MEASURES.
1. County court to procure stand- 4. What shall constitute the "hun-
ards of weights and measures.
2. When procured, notice to be
given; penalty for using
weights, &c.
dred-weight" and what the
"ton "
5.
What weight shall constitute
a bushel of wheat, &c.
3. Duty of clerk in sealing weights
and measures.
6.
Plank and sawed lumber, sold
by board measure.
County court
to procure the
standards
weights and
measures:
to
be kept by the
clerk.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.-The clerk of each county court shall provide,
of at the expense of the county, one measure of one foot, or
twelve inches, English measure; one measure of three feet, or
thirty-six inches, English measure, denominated one yard; one
half-bushel measure, which shall contain one thousand seven-
ty-five and one-fifth cubic inches, denominated dry measure;
one gallon measure, which shall contain two hundred and
thirty-one cubic inches; one half-gallon measure, which shall
contain one hundred and fifteen and one-half cubic inches;
one quart measure, which shall contain fifty-seven and three-
fourths cubic inches; also, one set of weights, called avoirdu-
pois weights; and one seal, with initials of the county in-
scribed thereon; which measures, weights and seal, shall be
kept by the clerk of the county court of each county.
When pro-
cured, notice
the standard.
SEC. 2. So soon as the weights and measures are pro-
to be given; vided, the clerks of the county courts shall cause notice thereof
penalty for to be given at the court-house door, for two months; and any
using weights,
&c, not cor- person who shall knowingly keep any measure or weights, and
responding to
buy or sell any commodity whatsoever by such weights or
measures, as shall not correspond with the weights and mea-
sures deposited in the clerk's office, shall, for every such of
fence, forfeit and pay to the party injured, ten dollars, to be
recovered, by civil action, before any justice of the peace of
the county.
Duty of the
clerk in seal-
ing weights,
&c.
SEC. 3.— Clerks of the county courts shall, with the seal
aforesaid, seal all weights and measures presented to them
for that purpose, that correspond with the county standard.
WILLS.
1565
CHAP. 167.
What shall
constitute the
SEC. 4. — The hundred-weight shall consist of one hundred
pounds, avoirdupois, and twenty such hundreds shall consti- ton, &c.
tute a ton.
SEC. 5. Whenever the articles hereinafter named shall
be sold by the bushel, and no special agreement as to the mea-
surement or weight thereof shall be made by the parties, the
bushel shall consist of the following number of pounds, viz.:
Wheat, beans, clover-seed, potatoes, sixty pounds to the
bushel; rye, corn, flax-seed, fifty-six pounds to the bushel;
barley, forty-eight pounds; oats, thirty-five pounds; bran,
twenty pounds; onions, fifty-seven pounds; dried peaches,
thirty-three pounds; dried apples, twenty-four pounds; buck-
wheat, fifty-two pounds; castor beans, forty-six pounds;
hemp-seed, forty-four pounds; blue-grass-seed, fourteen
pounds; timothy-seed, forty-five pounds; salt, fifty pounds;
mineral coal, eighty pounds the bushel; charcoal, twenty-six
hundred cubic inches per bushel.
What weight
shall consti-
tute a bushel
of wheat, &c.
Plank and
sawed lumber
SEC. 6. All plank and sawed timbers and lumber shall,
unless otherwise agreed by special contract, be sold by board sold, how.
measure.
Approved November 27, 1855.
CHAPTER CLXVII.
WILLS.
AN ACT RESPECTING WILLS.
21. Who may make a will.
2. Who may make a will of per-
sonal estate.
3. No married woman capable of
making a wili, except in cer-
tain cases.
4. Wills to be in writing; how
signed and how attested.
5. Revocation of wills, what shall
be deemed, and how effected.
6. Revocation of wills by the mar-
riage of testator and his lear-
ing issue.
7. Will of an unmarried woman
revoked by her subsequent
marriage.
2 8. A bond to convey property pre-
viously devised by will, and
described therein, not to effect
a revocation of the devise,
and what effect it shall have.
9. A charge, or incumbrance, not
deemed a revocation, when.
10. A testator deemed to have died
intestate as to children not
named in the will.
11. Advancement to children in life-
time of testator, effect of.
12. Descendants of a devisee to take
the property of the testator
in same way as if devisee had
survived the testator.
1566
WILLS.
CHAP. 167.
13. Revocation, &c., of second will, 37. Legacies, bequests, &c., to wit-
not to revive the first, unless,
&c
14 County court to take proof of
last wills.
15. In what counties wills to be
proved.
16. Certificate of probate or rejec-
tion, by whom granted.
17. Attestation of a witness, sick,
absent, &c., how procured.
18. Proof of such attestation.
19. When a witness is dead, insane,
or residence unknown, what
proof shall be sufficient.
20. When all witnesses are dead, in-
sane, or their residence un-
known, what proof shall be
sufficient.
21. All testimony to be reduced to
writing, signed and certified.
22. Nuncupative wills, what shall
be considered good, how prov
ed, and to be unade at the time
of last sickness, where, &c.
23. Wills of mariners and soldiers,
how made, and when deemed
good.
24. Proof of nuncupative will, when
refused, and when and how to
be offered.
25. Probate of nuncupative will not
to be granted, except under
certain conditions.
26. Wills, by whom to be recorded.
27. When read as evidence.
28. Records of wills, when received
as evidence, and when repelled
by proof.
29. Wills devising lands to be re-
corded, where and when.
30. Proceedings by a person inte-
rested to contest the validity
of a will, how had.
31. Verdict of the jury, or judg-
ment of the court, how final.
32. Wills not contested within five
years, to be binding, except,
&c.
33. What weight the oath of a sub
scribing absent witness shall
have at the trial.
34. Any person owning estate in this
State may devise the real ac
cording to the laws of this
State, and the personal ac-
cording to the laws of the
State where he may reside.
35. Authenticated copies of wills,
and the probate thercof, how
recorded.
36. Such wills may be contested,
&c., in the same way as if
made in this State.
nesses of a will, how far the
witnesses to be admitted as
competent.
38. Witness entitled to share of
testator's estate, may take
by devise the extent of his
share: he may recover same
from the devisees, &c., named
in the will, and how.
39. When will can be attested by a
sufficient number of other
competent witnesses, devise,
&c, shall be valid.
40. Creditor to be admitted as a
witness to a will, notwith-
standing the estate be charged
with debt by will
41. Legatees, &c, may be compe-
tent witnesses,in case of their
having discharged or refused
to receive any bequest, gift
or otherwise.
42. The credit of such witnesses to
be left to the consideration of
the court or jury.
43. In case of death of legatee, be-
fore probate, &c., and on ten-
der made, &c., he shall be
deemed a competent witness.
44. Witnesses examined to prove a
will, not to take any legacy,
bequest or compensation, for
same.
45. What devise shall operate as an
estate for life, and remainder
in fce-simple.
46. What devise, and how made,
&c., and omitting words of
inheritance, &c, shall convey
an estate in fee-simple, and
such shall be presumed the
intention of the testator.
47. Other devisees and legatees to
refund, when a bequest, &c.,
made to one, shall be taken in
execution for payment of the
testator's debts.
48. The circuit court required to
order such contribution by
the legatees, &c, and with
same power and effect as in
other judgments of court.
49. The term " will," shall be con-
strued to include all codicils.
50. All courts shall pay due regard
to the intent, &c., of the tes-
tator.
51. The county court, on being in-
formed, has the power to sum-
mon and compel, by attach-
ment, the production of any
will, where a person has the
same and refuses to produce it.
WILLS.
1567
CHAP. 167.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
age,
SECTION 1. Every person of twenty-one years of
and upwards, of sound mind, may, by last will, devise all his
estate, real, personal and mixed, and all interest therein, sav-
ing to the widow her dower. (a)
SEC. 2.-Every person over the age of eighteen years, of
sound mind, may, by last will, dispose of his goods and
chattels.
Who may
make a will.
Who may
make a will of
personalty.
No married
Woman to
make a will,
SEC. 3. No married woman shall be capable of making a
will, unless she have power to do so by marriage settlement,
or authority, in writing, executed by her husband before except in cer-
marriage.
tain cases.
Wills to be
in writing;
how signed,
SEC. 4.—Every will shall be in writing, signed by the tes-
tator, or by some person, by his direction, in his presence;
and shall be attested by two or more competent witnesses and how at-
subscribing their names to the will, in the presence of the
testator. (b)
SEC. 5.-No will in writing, except in the cases herein-
after mentioned, nor any part thereof, shall be revoked, ex-
cept by a subsequent will, in writing, or by burning, cancel-
ing, tearing or obliterating the same, by the testater, or in
his presence and by his consent and direction.
tested.
Revocation
of wills, what
will be, and
how effected
Revocation
of wills by the
marriage of
SEC. 6. — If, after making a will, disposing of the whole
estate of the testator, such testator shall marry and die, leav-
ing issue by such marriage living at the time of his death, or testator and
shall leave issue of such marriage born to him after his death,
(a) Chouteau v. Paul, 3 Mo. Rep., 186; Maupin v. Boyd, 5 Mo. Rep.,
106; Clamorgan v. Lane, 9 Mo. Rep., 442; Wells v. Wells, 10 Mo. Rep., 193.
A devise of a slave to "one and her heirs," vests an absolute estate in the
devisee. Trimble v. Hensley, 10 Mo. Rep, 309. A will made in another
State, by a person then a resident of such State, but who afterwards re-
moves to this State, is invalid, if not made according to the laws of this
State. Nat v. Coous, 10 Mo. Rep., 543. A copy of the probate of such
will, made in the courts of another State, is of no effect in this. Ibid. The
will must be admitted to probate here, and not in such other State. Stew-
art v. Pettus, 10 Mo. Rep, 755. Vide, Rubey v. Barnett, 12 Mo. Bep., 3;
Hamilton v. Lewis, 13 Mo. Rep., 184: Williams v. Cowden, Zhid, 211; Gates
v. Hunter, Ibid, 511; Swearingen v. Taylor, 14 Mo. Rep, 391; Schulenberg
v. Campbell, Ibid, 491; Harvy v. Chouteau, Ibid, 587; Austin v. Watts, 19
Mo. Rep., 293. Cases in which the declarations of testators were held in-
admissible to explain the meaning of their wills: Davis & Davis, 8 Mo Rep.,
56; Gregory e. Cowgill, 19 Mo. Rep, 415. Vide, State v. Prewitt, 20 Mo.
Rep., 165; Riggs v Myers, Ibid, 239; Overton v. Davy, Ibid, 273.
) Vide, Withinton v. Withinton, 7 Mo Rep, 589. A mark is a sufficient
signing by the testator, notwithstanding he was able to write. St. Louis
Hospital Association v. Williams, 19 Mo. Rep., 609.
*
S 2 VOL. II.
bis leaving is-
sue.
1568
WILLS.
Will of femme
sole revoked
by marriage.
Bond to con-
previously de-
revocation of
devise.
СПАР. 167.
such will shall be deemed revoked, unless provision shall have
been made for such issue by some settlement, or unless such
issue shall be provided for in the will; and no evidence shall
be received to rebut the presumption of such revocation.
SEC. 7. A will, executed by an unmarried woman, shall
be deemed revoked by her subsequent marriage.
SEC. 8.—A bond, covenant or agreement, made for a
vey property valuable consideration, by a testator, to convey any property
vised, not a devised or bequeathed in any last will previously made, shall
not be deemed a revocation of such previous devise or
bequest, either in law or equity; but such property shall
pass by the devise or bequest, subject to the same remedies
on such bond, covenant or agreement, for the specific per-
formance or otherwise, against the devisees or legatees, as
might be had by law against the heirs of the testator, or his
next of kin, if the same had descended to them.
A charge or
not deemed a
revocation,
when.
SEC. 9.A charge or incumbrance upon any real or per-
incumbrance, sonal estate, for the purpose of securing the payment of
money, or the performance of any covenant or agreement,
shall not be deemed a revocation of any will relating to the
same estate, previously executed; but the devises and legacies
therein contained shall pass and take effect, subject to such
charge or incumbrance.
A testator
shall be deem-
to children not
named in the
will.
SEC. 10.—If any person make his last will, and die,
ed to have died leaving a child or children, or descendants of such child or
intestate, as children, (in case of their death,) not named or provided for
in such will, although born after the making of such will, or
the death of the testator, every such testator, so far as shall
regard any such child or children, or their descendants, not
provided for, shall be deemed to die intestate; and such child
or children, or their descendants, shall be entitled to such
proportion of the estate of the testator, real and personal,
as if he had died intestate, and the same shall be assigned to
them; and all the other heirs, devisees and legatees, shall
refund their proportional part. (a)
Advance-
ment to chil-
dren in life-
time of testa-
tor, effect of.
SEC. 11. — If such child or children, or their descendants,
shall have an equal proportion of the testator's estate be-
stowed on them, in the testator's life-time, by way of ad-
(a) Stokes ». O'Fallon, 2 Mo. Rep., 32; Block v. Block, 3 Mo. Rep.,
407. This section was only intended to make provision for children unir-
ten ionally omitted by the testator. Guitar v. Gordon, 17 Mo. Rep., 40&
WILLS.
1569
CHAP. 167.
vancement, they shall take nothing in virtue of the preceding
section.
SEC. 12. When any estate shall be devised to any child,
grandchild, or other relative of the testator, and such
devisee shall die before the testator, leaving lineal descend-
ants, such descendants shall take the estate, real and per-
sonal, as such devisee would have done in case he had sur-
vived the testator.
SEC. 13.-If, after making any will, the testator shall
duly make and execute a second will, the destruction, can-
celing or revocation of such second will, shall not revive the
first will, unless it appear by the terms of such revocation
that it was his intention to revive and give effect to the first
will, or unless he shall duly republish his first will.
SEC. 14. The county court, or clerk thereof in vacation,
subject to the confirmation or rejection by the court, shall
take proof of last wills. (a)
Descendants
of devisee
shall take the
property of
the devisee.
Revocation,
&c., of second
will, not to re-
vive the first,
except, &c.
County court
to take proof
of last wills.
In what
counties wills
SEC. 15. If the testator have a mansion-house, or known
place of abode in any county, his will shall be there proved; to be proved.
if he have no place of residence, and lands be devised, it
shall be proved in the county where any part of the lands
lie; and if he have no place of residence, and there be no
lands devised, the will shall be proved in the county in which
the testator died, or, if he died out of the State, then in any
county.
SEC. 16.-When any will is exhibited to be proven, the
court or clerk may immediately receive the proof, and grant
a certificate of probate, or, if such will be rejected, grant a
certificate of rejection.
SEC. 17. — If any witness shall be prevented, by sickness,
from attending at the time when any will may be produced
for probate, or reside out of the State, or more than forty
miles from the place where the will is to be proved, such
court or clerk may issue a commission, annexed to such will,
and directed to any judge, justice of the county court, or
(a) A will being lost or destroyed, probate may be granted upon a copy;
also, where there is no copy, the contents of the will may be proven, aud
the will established by the subscribing witnesses, or others, who have real
it.
Graham v. O'Fallon, 3 Mo. Rep., 354. Probate may be granted of so
much of a will as can be proved. Jackson v. Jackson, 4 Mo. Rep., 210:
Dickey v Malechi, 6 Mo Rep., 177. One witness is sufficient to establish
the contents of a last will. Graham v. O'Fallon, 3 Mo Rep., 354; same
case, 4 Mo. Rep., 601; Dickey v. Malechi, 6 Mo. Rep., 177.
Certificate
of probate or
rejection, by
whom to be
granted.
Attestation
of a witness,
sick, absent or
non-resident,
c., how pro-
cured.
1570
WILLS.
Proof of
such attesta-
tion.
Witness
or residence
unknown
what proof
shall be suffi-
CHAP. 167.
justice of the peace, or mayor, or other chief magistrate,
empowering him to take and certify the attestation of such
witness.
SEC. 18.-If such witness appear before such officer,
and make oath or affirmation that the testator signed the
writing annexed to such commission, as his last will, or that
some other person signed it by his direction, and in his
pre-
sence, that he was of sound mind, that the witness subscribed
his name thereto, in the presence of the testator, the testi-
mony so taken shall have the same force as if taken before
the court or clerk. (a)
SEC. 19. When one of the witnesses to such will shall
dead, insane, be examined, and the other witnesses are dead, insane, or
their residences unknown, then such proof shall be taken of
the hand-writing of the testator, and of the witnesses dead,
insane, or residences unknown, and of such other circum-
stances as would be sufficient to prove such will, on a trial at
common law.
cient.
When all the
witnesses are
shall be suffi-
SEC. 20. If it shall appear, to the satisfaction of the
dead, &c., court or clerk, that all the subscribing witnesses to the will
what proof are dead, insane, or their residences unknown, the court or
clerk shall take and receive such proof of the hand-writing
of the testator and subscribing witnesses to the will, and of
such other facts and circumstances as would be sufficient to
prove such will, in a trial at law.
cient.
Testimony
shall be writ-
SEC. 21. All the testimony adduced in support of any
ten, signed will, shall be reduced to writing, signed by the witnesses, and
and certified. certified by the clerk.
Nuncupative SEC. 22.- No nuncupative will shall be good when the
wills good,
when; to be estate bequeathed exceeds the value of two hundred dollars;
made and nor unless the same be proved by two witnesses, who were
proved, how.
present at the making thereof; nor unless it be proved that
the testator, at the time of pronouncing the same, did bid
some person present to bear witness that such was his will, or
to that effect; nor unless such nuncupative will was made at
the time of the last sickness, and at the dwelling house of
the deceased, or where he had been residing for the space of
ten days, or more, except where such person was taken sick
from home, and died before his return.
(a) Withington v. Withington, 7 Mo. Rep., 589.
WILLS.
1571
CHAP. 167.
Wills of ma-
riners and sol-
SEC. 23. — Any mariner at sea, or soldier in the military
service, may dispose of his wages, or other personal property, diers.
as he might have done by the common law, or by reducing
the same to writing.
SEC. 24. No proof shall be received of any nuncupative.
will, unless it be offered within six months after speaking the
testamentary words, nor unless the words, or the substance
thereof, were reduced to writing within thirty days after they
were spoken.
SEC. 25.-No probate of any nuncupative will shall be
granted for fourteen days after the death of the testator, nor
shall any nuncupative will be at any time proved, unless the
testamentary words, or the substance thereof, be first com-
mitted to writing, and a citation issued, accompanied with a
copy thereof, to call the widow or next of kin of the de-
ceased, that they may contest the probate of such will, if
they think proper.
a
No proof of
nuncupative
ceived, unless,
will to be re-
&c.
No probate
of nuncupa-
tive wills shall
be granted,
unless, &c.
SEC. 26. — All wills shall be recorded by the clerk of the All wills shall
county court, in a book kept for that purpose, within thirty be recorded.
days after probate, and the originals shall be carefully filed
in his office.
SEC. 27.-- Every will, proved according to the provisions
of this act, recorded and certified by the clerk of the county
court, and attested by his seal of office, may be read as evi-
dence, without any further proof thereof. (a)
SEC. 28. — The record of any will, made, proved and re-
corded, as aforesaid, and the exemplification of such record,
by the clerk of the county court in whose custody the same
may be, shall be received as evidence, and shall be as effec-
tual, in all cases, as the original would be, if produced and
proved, and may, in like manner, be repelled by contrary
proof.
Wills proved
in evidence.
may be read
Records of
&c., shall bo
wills proved,
evidence, &c.
Wills of
lands shall be
recorded,
SEC. 29. In all cases where lands devised by last will
are situate in different counties, a copy of such will shall be
recorded in the recorder's office, in each county, within six where.
months after probate.
Who may
contest the va-
SEC. 30.-If any person, interested in the probate of any
will, shall appear within five years after the probate or rejec-lidity of a
tion thereof, and, by petition to the circuit court of the will, and how.
(a) Bright v. White, 8 Mo. Rep., 421.
1572
WILLS.
Effect of
verdict of a ju-
ry, and judg-
court.
CHAP. 167.
county, contest the validity of the will, or pray to have a
will proved which has been rejected, an issue shall be made
up, whether the writing produced be the will of the testator
or not; which shall be tried by a jury, or, if neither party
require a jury, by the court. (a)
SEC. 31. The verdict of the jury, or the finding and
judgment of the court, shall be final, saving to the court the
ment of the right of granting a new trial, as in other cases, and to either
party an appeal, in matters of law, to the Supreme Court. (6)
SEC. 32. If no person shall appear within the time
aforesaid, the probate or rejection of such will shall be bind-
probate to be ing, saving to infants, married women, or persons of unsound
mind, a like period of five years after their respective disa-
bilities are removed.
If no person
appear with-
in five years,
binding.
Oath of wit-
ness examined
at probate
shall be ad-
mitted, &c.
Any person
Owning real
tate in this
State may be-
queath, &c.
SEC. 33. — In all trials respecting the validity of a will, if
any subscribing witness be deceased, or cannot be found, the
oath of such witness, examined at the time of probate, shall
be admitted as evidence, and have such weight as the court
or jury think it deserves.
SEC. 34.- Any person owning real or personal estate in
or personal es- this State may devise or bequeath such property, by last
will, executed and proved, if real estate [be] devised, accord-
ing to the laws of this State, or if personal estate be be-
queathed, according to the laws of this State, or of the
country, State or Territory, in which the will shall be
made. (c)
Authenti-
cated copies
of such wills,
&c., shall be
recorded.
SEC. 35.- Authenticated copies of such wills, and the
probate thereof, shall be recorded in the same manner as
wills executed and proved in this State, and shall be admitted
in evidence in the same manner and with like effect. (d)
(a) Lyne v. Guardian, 1 Mo. Rep., 290; Swain v. Gilbert, 3 Mo. Rep.,
245; Arinstrong v. Farrar, 8 Mo. Rep., 627; Holmes v. Holloman, 12 Mo.
Rep., 535; Rush v. Rush, 19 Mo. Rep., 441; Taylor v. Wilburn, 20 Mo.
Rep, 306.
(b) This section precludes the Supreme Court from inquiring into the
sufficiency of the evidence to sustain the verdict of the jury; but, as in
other cases, if the court permit illegal testimony to go to the jury, the Su-
preme Court has power to correct such error. Dickey v. Malechi, 6 Mo.
Rep., 177.
(c) Vide, title Administration, article six, section twenty-four.
(d) The probate of a will in another State is to be regarded as a "ju-
dicial proceeding," to the record of which "full faith and credit" is to be
given, when certified conformably to the act of Congress. Haile v. Hill,
13 Mo. Rep., 612.
WILLS.
1573
CHAP. 167.
SEC. 36.- Any such will may be contested and annulled,
within the same time, and in the same manner, as wills exe-
cuted and proved in this State.
SEC. 37.-If any person has attested, or shall attest, the
execution of any will, to whom any beneficial devise, legacy,
estate, interest, gift or appointment of, or affecting, any real
or personal estate, (other than and except charges in lands,
tenements or hereditaments, for the payment of any debt or
debts,) shall be thereby given or made, such devise, legacy,
estate, gift or appointment, shall, so far only as concerns such
person attesting the execution of such will, or any person
claiming under him, be void, and such person shall be ad-
mitted as a witness to the execution of such will. (a)
SEC. 38.-If such witness would be entitled to any share
of the testator's estate, in case the will should not be esta
blished, then so much of the estate as would have descended,
or would have been distributed to such witness, shall be saved
to him, as will not exceed the value of the devise or bequest
made to him in the will; and he may recover the same from
the devisees or legatees named in the will, in proportion to,
and out of, the parts devised and bequeathed to them.
SEC. 39. If the execution of such will be attested by a
sufficient number of other competent witnesses, as required
by this act, then such devise, legacy, interest, estate, gift or
appointment, shall be valid.
Such wills
may be con-
tested.
A beneficial
devise to at-
testing wit-
ness void, he
ceived as
shall be re-
witness.
2
Witness en-
titled to share
of testator's
estate, may
take by devise
the extent of
his share.
When a de-
vise to attest-
ing witness
shall be valid.
Creditor
shall be a wit-
SEC. 40.-If, by any will, any real estate be charged with
any debt, and any creditor, whose debt is so charged, has ness.
attested the execution of such will, every such creditor shall
be admitted as a witness to the execution of such will.
SEC. 41. If any person has attested, or shall attest, the
execution of any will, to whom any legacy or bequest is
thereby given, and such person, before giving testimony con-
cerning the execution of such will, shall have been paid, or
have accepted or released, or shall refuse to accept such
legacy or bequest, upon tender thereof, such person shall be
admitted as a witness to the execution of such will.
SEC. 42. The credit of such witness shall be subject to
the consideration of the court or jury.
(a) Trotters v. Winchester, 1 Mo. Rep., 292: Graham v. O'Fallon, 4 Mo.
Rep, 601; Dickey v. Malechi, 6 Mo. Rep., 177.
Legatees
may be com-
nesses in case
petent wit-
of, &c.
Their credit
left to court
or jury.
1574
WILLS.
Death, &c.,
of legatee,
cy as a wit-
CHAP. 167
SEC. 43.-If any legatee or devisee, who has attested, or
shall not affect shall attest, the execution of any will, shall have died, or die
his competen- in the life-time of the testator, or before he shall have re-
ceived or released the legacy or bequest so given to him, and
before he shall have refused to receive such legacy or bequest,
or [on] tender made thereof, such legatee or devisee shall be
deemed a legal witness to the execution of such will.
ness to the
will
No person
to whom any
and has been
witness, shall
have any com-
pensation,
SEC. 44.- No person to whom any estate, interest, gift or
bequest has appointment, shall be given or made, which is hereby
been made, declared to be void, or who shall have refused to receive such
examined as a legacy or bequest, or [on] tender made, and who shall have
been examined as a witness concerning the execution of such
will, shall, after he shall have been so examined, demand or
receive (except as provided in the thirty-eighth section) any
profit or benefit of, or from, any such estate, interest, gift or
appointment, so given or made to him by any such will, or
demand, receive or accept, from any person any such legacy
or bequest, or any satisfaction or compensation for the same.
SEC. 45.-If any person, by last will, devise any real
tate for life, estate to any person, for the term of such person's life, and,
andremainder after his or her death, to his or her children or heirs, or right
in fee-simple.
heirs in fec, such devise shall vest an estate for life only in
such devisco, and remainder in fee-simple in such children. (a)
Whatdevise
shall be an es-
When a de-
vise shall be
fee-simple.
SEC. 46. In all devises of lands, or other estate in this
considered in State, in which the words, "heirs and assigns," or, "heirs
and assigns forever," are omitted, and no expressions are
contained in such will whereby it shall appear that such de-
vise was intended to convey an estate for life only, and no
further devise be made of the devised premises, to take effect
after the death of the devisee to whom the same shall be
given, it shall be understood to be the intention of the testa-
tor thereby to devise an absolute estate in the same, and shall
convey an estate in fec-simple to the devisee, for all such
devised premises.
Legatees
and devisees
SEC. 47.—When any testator, in his last will, shall give
shall refund, any chattels or real estate to any person, and the same shall
be taken in execution for the payment of the testator's debts,
then all the other legatees, devisees and heirs, shall refund
when,
(a) Vide, Gregory . Cowgill, 19 Mo. Rep., 415,

WITNESSES.
1575
CHAP. 168.
heir proportional part of such loss to such person from whom
he bequest shall be taken.
SEC. 48.- When any devisees, legatees or heirs, shall be
required to refund any part of the estate received by them,
for the purpose of making up the share, devise or legacy of
any other devisee, legatee or heir, the circuit courts shall,
upon petition of the party entitled to such contribution, and
due notice given to the legatees, devisees, heirs, executors
and administrators, order a contribution and distribution of
such estate, according to the right, and enforce such orders,
in like manner, with like effect, as other orders and judgments
of such courts. (a)
SEC. 49. The term "will," as used in this or any other
act, shall be so construed as to include all testaments and
codicils as well as wills.
SEC. 50.- All courts, and others concerned in the execu-
tion of last wills, shall have due regard to the directions of
the will, and the true intent and meaning of the testator, in
all matters brought before them. (b)
SEC. 51. If the county court shall be satisfactorily in-
formed that any person has in his possession the will of any
testator, and refuses to produce the same for probate, such
court shall have power to summon such person, and to com-
pel him, by attachment, to produce the same.
Approved December 12, 1855.
Circuit
court shall or-
der contribu-
tion, &c., ac-
cording to the
right.
The term
"will" con-
strued.
Courts shall
have due re-
rections of the
gard to the di-
will, &c.
County
court shall
compel pro-
duction of a
will.
CHAPTER CLXVIII.
WITNESSES.
AN ACT CONCERNING WITNESSES.'
2 1. No witness to be excluded by | 3. Party, &c., may be compelled
reason of interest.
2. What facts may be shown to
affect the credibility of wit-
ness; moral character may
be given in evidence, when.
(a) Vide. Levins v. Stevens, 7 Mo. Rep, 90.
to testify at trial, or by de-
position, how; his testimony
may be rebutted.
4. Penalty on party for refusal to
attend and testify.
b) Vide. Erwin v. Henry, 5 Mo. Rep., 169; Dugans v. Livingston, 15 Mo. Rep., 230; Peters
v. Carr, 16 Mo. Rep., 54.
*T VOL. II.
1576
WITNESSES.
No witness
CHAP. 168.
5. Testimony by a party not re- | 16. Witness taken upon attach-
sponsive to the inquiries
ment may be discharged,
when.
may be rebutted by the oath
of the party calling him.
"as-
6. Persons declared incompetent
to testify: "Party,
signor," "person of unsound
mind," "child," "husband
and wife, "attorney,'
>>
"minister of the Gospel, or
priest," "physician or sur-
geon," "negro or mulatto."
7. Verdict or judgment not ad-
missible for persons testify-
ing, when.
8. Clerk to endorse on petition or
document names of witness-
es, when and in what cases;
effect of such endorsement.
9. Witness not excused from an-
swering on the ground that
it might subject him to a
civil suit.
10. Witness not incompetent on ac-
count of certain religious
opinions.
11. Witness, how summoned to at-
tend courts of record.
12. Summons to contain the names
of witnesses; where served.
13. Witness not to be compelled to
attend trial more than forty
miles from his residence, un-
less certain fees be paid or
tendered.
14. Witness summoned and failing
to attend may be attached
in any county.
15. Cause continued on account of
absence of witness, court
may order an attachment,
how and when.
17. Power of court to fine witness
failing to attend.
18. Fees paid or tendered, witness
liable to party for damages
for failing to obey summons.
19. Witness refusing to give evi-
dence may be committed to
jail, and detained until he
give such evidence.
20. How far a witness is privileged
from arrest.
21. Suit against a witness to abate,
if arrested whilst attending
under a subpoena; penalty
for arresting.
22.
23.
Subpoena, how directed; by
whom to be served.
Subpoena, how to be served;
return shall show, what; ef-
fect of the return.
24. Writ of habeas corpus may be
issued to bring up a witness
who is confined in prison to
testify, when.
25. How the writ may be issued
for witness confined in prison
to testify before justice of
the peace.
26. Affidavit to be filed; what to
contain.
27. When the affidavit shall not be
required.
28. Prisoner, after testifying, to be
remanded to prison.
29. Commissioners of other States,
&c., residing in this State,
may compel the attendance
of witnesses before them,
how and in what cases.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:
SECTION 1.—No person offered as a witness shall be ex-
by reason of cluded by reason of his interest in the event of the action. (a)
to be excluded
interest.
(a) Leading questions may be asked, in the sound discretion of the
court, on a direct examination, where a witness is interested to defeat the
party calling him, or manifests a disposition to evade questions, or appears
reluctant and unwilling to give evidence. Walsh v. Agnew, 12 Mo. Rep.,.
520. Vide, Atchison v. Steamboat Dr. Franklin, 14 Mo. Rep., 63; Steam-
boat Madison v. Wells, 14 Mo. Rep., 360; McLauglin v. McLauglin, 16
Mo. Rep., 242; Bates v. Steamboat Madison, 18 Mo. Rep., 99. One part-
ner is a competent witness for his co-partner, who is sued upon a demand
against the firm. Weston v. Hunt, 19 Mo. Rep., 505. One partner, who
confesses an action, is a competent witness against his co-partner who de-
fends it. Robinson v. McFaul, 19 Mo. Rep., 549. The distributee of a
solvent estate is a competent witness for the estate. (Penn v. Watson, 20
Mo. Rep., 13, overruled.) Stein v. Weidman, 20 Mo. Rep., 17.
WITNESSES.
1577
CHAP. 168.
SEC. 2. Any fact which might heretofore be shown to
ender a witness incompetent may be hereafter shown to af-
ect his credibility; and, in all questions affecting the credi-
bility of a witness, his general moral character may be given
n evidence. (a)
SEC. 3. Any party to a civil action or proceeding may
compel any adverse party, or person, for whose benefit such
action or proceeding is instituted, prosecuted or defended, to
testify at the trial, or by deposition as a witness, in the same
manner, and subject to the same rules, as witnesses; and the
testimony of any such party or person may be rebutted by
adverse testimony. (b)
SEC. 4.-If a party refuse to attend, as in the last sec-
tion is prescribed, and testify, either in court or before any
person authorized to take his deposition, besides being pun-
ished himself as for a contempt, his petition, answer or reply,
may be rejected, or a motion, if made by himself, overruled,
or, if made by the adverse party, sustained.
SEC. 5.—A party or person examined by an adverse
party, as provided in section three, may be examined on his
own behalf in respect to any matter pertinent to the issue;
but if he testify to any matter not responsive to the inquiries
put to him by the adverse party, such adverse party may
offer himself as a witness on his own behalf in respect to the
new matter, and shall be so received.
What fact
may be shown
to affect credi-
bility of wit-
character, &c.
ness; moral
Party, &c.,
may be com-
pelled to tes-
tify at trial,
or by deposi-
tion, how; his
testimony
rebutted.
Penalty on
party for re-
fusal to attend
and testify.
Testimony
by a party,
not responsive
to the inqui-
rebutted by
ries, may be
the oath of the
party calling
him.
Persons in-
testify: Party.
SEC. 6. The following persons shall be incompetent to
testify: First, A party to the action, or any person for whose competent to
immediate benefit the action is prosecuted or defended, ex-
cept as herein before provided in this act; (c) Second, Any
(a) Vide, Garret v. State, 6 Mo. Rep., 1; Page v. Kankey, Ibid, 433;
Keith v. Wilson, Ibid, 435; Able v. Shields, 7 Mo. Rep., 120. The fact
that a subscribing witness to a writing was a person of bad character may
influence the jury in determining whether the writing was the act of the
person purporting to have executed it, but cannot prevent the writing from
being admitted in evidence. Lawless v. Guelbreth, 8 Mo. Rep., 139; Rose
v. Bates, 12 Mo. Rep., 30; State v. Shields, 13 Mo. Rep., 236.
(b) Levey v. Hawley, 8 Mo. Rep., 510; Lee v. Murray, 12 Mo. Rep., 280.
(c) A person named in the writ as a defendant, but upon whom the writ
is not served, is no party to the action, and his liability to the plaintiff in
the contract is not affected by the result of that action. Steigers v. Gross,
7 Mo. Rep., 261. Vide, Bank of the State of Missouri v. Hull, 7 Mo. Rep.,
273; King v. Bailey, 8 Mo. Rep., 332; Barada v. The Inhabitants of Ca-
rondelet, Ibid, 644; Coons v. Green, 9 Mo. Rep., 197; Hogg v. Breckin-
ridge, 12 Mo. Rep., 369. A party is a competent witness in his own favor,
in cases in which the defendant has been guilty of some tortious act, or of
some fraud, and where no other evidence can be had, as in the case of a
1578
WITNESSES.
Assignor.
unsound
mind.
Child.
and wife.
CHAP. 168.
assignor of an account, judgment or thing in action, concern-
ing facts occurring anterior to the assignment; nor shall any
grantor, vendor or assign [assignor,] in any deed, instrument
or writing, affecting property, real, personal or mixed, or any
claim or right therein or therefrom, be a competent witness to
alter, change or qualify, the proper effect and operation of
the words and terms of such deed, instrument or writing; (a)
Person of Third, A person of unsound mind at the time of his produc-
tion for examination; Fourth, A child under ten years of
age, who appears incapable of receiving just impressions of
the facts respecting which they are examined, or of relating
Husband them truly; Fifth, Husband and wife, for or against each
other, or concerning any communication made by one to the
other during the marriage, whether called as a witness while
that relation subsisted or afterwards, except in pleas of the
State against the husband or wife for some breach of the
peace, misdemeanor or felony, committed or threatened by
one upon the person of the other; (b) Sixth, An attorney,
concerning any communication made to him by his client in
that relation, or his advice thereon, without the consent of
such client; Seventh, A minister of the gospel, or priest of
any denomination, concerning a confession made to him in
his professional character, in the course of discipline enjoined
Physician by the rules of practice of such denomination; Eighth, A
physician or surgeon, concerning any information which he
may have acquired from any patient while attending him in
a professional character, and which information was necessary
to enable him to prescribe for such patient as a physician, or
Attorney.
Minister of
the gospel, or
priest.
or surgeon.
bailee who breaks open a box committed to his care, and steals the con-
tents; and the rule also extends to innkeepers whose lodgers are robbed.
Sparr v. Wellman, 11 Mo. Kep., 280; Long v. Story, 13 Mo. Rep., 4; Page
& Bacon v. Butler, 15 Mo. Rep., 73. A mere formal party, standing in-
different to the real parties in interest, may be examined as a witness.
Block v. Chase, 15 Mo. Rep., 344. One defendant is not a competent wit-
ness for his co-defendant. Young v. Croughton, 17 Mo. Rep., 367; Rice v.
Morton, 19 Mo. Rep., 263. Vide, St. John v. McConnell, 19 Mo. Rep., 38.
(a) Keiser v. Moore, 14 Mo. Rep., 28; Garland v. Harrison, 17 Mo. Rep.,
282. The admissions of the obligee of a bond, while he was the owner of
it, that it was given for an illegal consideration, are competent evidence
against his assignee. Murray v. Oliver, 18 Mo. Kep., 405. Vide, Patrick
v. Steamboat J. Q. Adams, 19 Mo. Rep., 73.
(b) A widow is a competent witness for or against her husband's estate,
whether solvent or insolvent, as to all such facts as the policy of the law
does not require to be kept sacred and secret between husband and wife
during marriage. Scroggin v. Holland, 16 Mo. Rep., 419; Stein v. Weid-
man, 20 Mo. Rep., 17.
WITNESSES.
1579
CHAP. 168.
do any act for him as a surgeon; Ninth, A negro or mulatto,
bond or free, except in pleas of the State against a negro or
mulatto, bond or free, or in civil cases in which negroes or
mulattoes alone are parties. (a)
SEC. 7.- If any person mentioned in the first section of
this act be offered as a witness, and objected to on the
ground that the verdict or judgment, in the action in which
it is proposed to examine him, would be admissible in evi-
dence for or against him, such witness shall, nevertheless, be
examined; but, in that case, a verdict or judgment in that
action, in favor of the party in whose behalf he shall have
been examined, shall not be admissible in evidence for him,
or any one claiming under him; nor shall a verdict or judg-
ment against the party on whose behalf he shall have been
examined, be admissible in evidence against him, or any one
claiming under him. (b)
SEC. 8. The name of every witness objected to and
examined under the provisions of the last section, shall be,
at the trial, endorsed, at the request of either party, on the
petition, or other lawful statement of the cause of action, on
which the trial shall be had, together with the name of the party
on whose behalf he was examined; and a copy of such en-
dorsement, duly certified, shall be sufficient evidence that such
witness was examined, in any subsequent proceeding in which
the judgment or verdict shall be offered in evidence.
SEC. 9.- No competent witness in a cause shall be ex-
cused from answering a question relevant to the matter in
issue, on the ground merely that the answer to such ques-
tion may establish, or tend to establish, that such witness
owes a debt, or is otherwise subject to a civil suit. (c)
SEC. 10. No person, on account of his opinions in rela-
tion to the Supreme Being, or a future state of rewards and
punishments, shall be incompetent to testify as a witness.
(a) A verbal message delivered by a slave is not evidence against his
master, unless it be shown that the master acted upon or recognized such
message. Maddin v. Edmondson, 10 Mo. Rep., 643. Upon the trial of an
indictment against a free woman, a slave who cohabits with her as her
husband is a competent witness for her. Coleman v. State, 14 Mo. Rep.,
159.
(b) Dixon v. Hood, 7 Mo. Rep., 414; Cason v. White, 8 Mo. Rep., 216;
Callaway County Court v. Craig, 9 Mo. Rep., 836; Craig v. Callaway
County Court, 12 Mo. Rep., 94: Hayden v. Cornelius, 12 Mo. Rep., 321;
Bridges v. Bell, 13 Mo. Rep., 69.
(c) Clementine v. State, 14 Mo. Rep., 112,
Negro or
mulatto.
Verdict or
judgment not
admissible for
persons testi-
fying.
Clerk to en-
dorse on peti-
tion or docu-
ment names of
witnesses,
when and in
what cases;
effect of such
endorsement.
Witness not
excused from
answering on
the ground
that it might
subject him to
a civil suit.
Witness not
incompetent
on account of
religious
opinions.
1580
WITNESSES.
CHAP. 168
Witnesses,
how summon-
SEC. 11. — In all cases where witnesses are required to
ed to attend attend the trial of any cause in any court of record, a sum-
courts of re-
cord.
Summons to
names of all
mons shall be issued by the clerk of the court wherein the
matter is pending, stating the day and place, when and where
the witnesses are to appear.
SEC. 12.- Such summons shall contain the names of all
contain the witnesses for whom a summons is required, by the same party
the witnesses; in the same cause, at the same time, who reside in the same
county, and may be served in any county in the State.
where served.
Witness
not to be com-
pelled to at-
tend trial,
SEC. 13.-A witness shall not be compelled to attend as
such, in a civil suit, at a greater distance than forty miles
from his place of residence, unless his legal fees for traveling,
in going to and returning from the place of trial, and one
paid or ten- day's attendance, are paid or tendered to him at the time of
summoning such witness.
when, unless
certain fees be
dered.
Witness
summoned
SEC. 14.—A person summoned as a witness in any cause
and failing to pending in any court of record, and failing to attend, may be
attend may be compelled, by writ of attachment against his body, to ap-
pear, which may be served in any county in the State.
attached in
any county.
Cause con-
tinued by ab-
sence of wit-
ness, court
may order an
attachment,
how
when.
and
Witness
taken upon at-
SEC. 15.- When a cause shall be continued on account
of the absence of a witness, duly summoned, and the party
for whom such witness shall have been summoned shall make
affidavit that such absent witness is material, and that he
cannot safely go to trial without his testimony, the court may
award a writ of attachment, directed to the sheriff or other
proper officer of the proper county, commanding him to take
the body of such witness, that he appear and testify in the
cause at the next term thereafter; and the clerk shall issue
such writ accordingly, stating therein the day on which the
cause is set for trial, as the day of his appearance.
SEC. 16. When a writ of attachment, authorized by the
tachment preceding section, shall be executed, the sheriff, or other
may be dis- officer, shall discharge such witness, on his entering into a
charged upon
entering into recognizance to the State of Missouri, with sufficient secu-
recognizance. rity, in the sum of one hundred dollars, (which the officer
executing the writ is authorized to take,) conditioned for the
appearance and due attendance of such witness, according
to the exigency of the writ.
Power of
court to fine
SEC. 17.-The court shall have power to impose a fine,
witness failing not exceeding fifty dollars, on every person duly summoned as
a witness who shall not appear and testify; which fine may be
to attend.
WITNESSES.
1581
CHAP. 168.
remitted, for good cause shown, at the term to which he is
summoned, or the next term thereafter.
SEC. 18. When a party, causing a witness to be sum-
moned, shall have paid or tendered to such witness his legal
fees for travel, and one day's attendance, at the time of sum-
moning such witness, if he fail to attend, [he] shall be liable
to the action of the party for all damages sustained by the
non-attendance, unless he show sufficient cause to justify such
absence. (a)
SEC. 19.A person summoned as a witness, and attend-
ing, who shall refuse to give evidence which may lawfully
be required to be given by such person, on oath or affirma-
tion, may be committed to prison by the court, or other
person authorized to take his deposition or testimony, there
to remain, without bail, until he give such evidence.
SEC. 20.-Witnesses shall be privileged from arrest in all
cases, except treason, felony and breach of the peace, during
their attendance on any court, or where their attendance is
required by subpoena, and in going to and returning thence,
allowing one day for every twenty miles from their abode.
SEC. 21.-The suit of any person shall be abated who
shall cause a witness to be arrested, knowing him to be at-
tending as such, upon a subpoena, and such person shall be
fined, at the discretion of the court from which the subpoena
issued, in a sum not exceeding twenty dollars, upon ten days'
previous notice thereof.
SEC. 22. Subpoenas shall be directed to the persons to
be summoned to testify, and may be served by the sheriff,
coroner, marshal, or any constable in the county [in] which
the witnesses to be summoned reside, or may be found, or by
free white person, above the age of twenty-one years,
who would be a competent witness in the cause.
any
SEC. 23. The service of a subpoena to testify, shall be
by reading the same, or delivering a copy thereof to the
person to be summoned. The return shall show the manner
of service; and, in civil cases, if the witness reside at a
greater distance than forty miles from the place of trial, it
shall be so stated in the return, and, also, whether his legal
(a) This action may be begun before the
which the witness was summoned to attend.
Rep., 442.
determination of the suit in
Connett v. Hamilton, 16 Mo.
Fees paid
or tendered,
witness
ortens table
to party for
damages for
failing to obey
the summons.
Witness re-
fusing to give
evidence may
be committed
to jail, and de-
tained until
he give such
evidence.
How far a
witness is
privileged
from arrest.
Suit against
a witness to
abate, if ar-
rested whilst
attending un-
der a subpœ-
na; penalty
for arresting.
Subpoena,
how directed;
by whom to be
served.
Subpoena,
how to be
served; return
shall show
manner of ser-
rice, &c.
1582
WITNESSES.
return, &c.
CHAP. 168
Effect of the fees have been tendered-or paid; and if served by an officer
his return shall be conclusive of the facts therein stated; i
served by a private person, the return shall be verified by
affidavit, which shall be received as evidence.
Writ of ha-
beas corpus
to bring up a
witness who is
confined in
prison to tes-
tify, when.
SEC. 24-Courts of record, and any judge or justice
may be issued thereof, shall have power, upon the application of any party
to a suit or proceeding, civil or criminal, pending in any
court of record, or public body, authorized to examine wit
nesses, to issue a writ of habeas corpus, for the purpose of
bringing before such court or public body any person who
may be detained in jail or prison, within the State, for any
cause, except a sentence for felony, to be examined as a wit-
ness in such suit or proceeding, on behalf of the applicant.
SEC. 25.-Such writ may, also, be issued by any such court,
issued for wit- judge or justice thereof, upon the application of a party to
ness confined a suit or proceeding, pending before a justice of the peace,
in prison to
testify before or any officer authorized to examine witnesses, to bring any
person confined in the jail of the same county, or the county
next adjoining that where the suit or proceeding is to be
heard, or had before such justice or officer, to be examined
as a witness.
How the
writ may be
justice of the
peace.
Affidavit to
be filed; what
to contain.
When the
affidavit shall
SEC. 26.—An application for such writ shall be verified
by affidavit, and shall state the title and nature of the pro-
ceeding in which the testimony of the prisoner is desired, the
court or officer before whom pending, and that the testimony
of such prisoner is material and necessary to the applicant,
on the trial or hearing of such suit or proceeding, as he is
advised by counsel, and verily believes.
SEC. 27. When such application shall be made by the
not be re- Attorney-General, circuit attorney, or other public prosecu-
tor, it shall not be necessary to swear to the truth of the
facts set forth in the application.
quired.
Prisoner, af-
ter testifying,
SEC. 28. A prisoner who shall be brought before any
to be remand court, public body or officer, upon a writ of habeas corpus,
ed to prison. to testify, shall be remanded, after having testified, to the
prison from which he was taken.
commission-
ers
Powers of SEC. 29.-Commissioners appointed by any other State,
of other or any of the Territories of the United States, or the Dis-
States, &c., trict of Columbia, for the purpose of taking depositions and
to compel the
attendance of affidavits, [and] the acknowledgments of deeds, powers of at-
torney, and other instruments of writing, and residing in this
witnesses.
WOLVES.
1583
CHAP. 169.
State, shall have the same power to compel the attendance
of witnesses, in the taking of depositions, and the proof of
leeds, and in all other cases where it may be necessary in
he discharge of the duties of their office, as is now given,
by law, to any court of record in this State, in compelling
the attendance of witnesses before such court.
Approved December 1, 1855.
CHAPTER CLXIX.
WOLVES.
AN ACT TO ENCOURAGE THE DESTRUCTION OF WOLVES.
21. Premium for killing a wolf.
2. Certain duties, by person claim-
ing rewards.
3
3. Duties of clerk.
4. Registry to be kept, &c.
5. Fees of clerk.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows:-
SECTION 1.-Any person who shall kill or take, or cause
to be killed or taken, by any person in his or their employ,
any wolf or wolves, within this State, shall receive a pre-
mium of one dollar for every wolf so killed or taken.
SEC. 2. Any person claiming such reward shall produce
the scalp, with the ears entire, to the clerk of the county
court of the county in which such wolf or wolves are killed
or taken, within six months thereafter, whereupon said clerk
shall administer to such person the following oath or affirma-
tion: "You do solemnly swear (or affirm, as the case may
be,) that the scalp or scalps produced by you are of wolves
killed or taken by you, or some person in your employ, within
this State, and within six months last past."
SEC. 3. The clerk shall forthwith destroy such scalp or
scalps, and give to the person proving up the same, under the
hand of said clerk, a certificate, setting forth in words, in a
plain and legible hand-writing, without interlineation, the
number of scalps, [and] the name and residence of such
son; which certificate shall be in the following form, viz:
per-
Premium for
killing a wolf.
Certain du-
ties, by per-
sons claiming
rewards.
Duties of'
clerk.
*T 2—VOL. II.
4
1584
WOODS, MARSHES AND PRAIRIES.
"STATE OF MISSOURI, County of
This is to certify, that
day prove before me
sum of
of
dollars.
A. D. 18-.
"
,
SS.
in the county of
CHAP. 17
did t
"
wolf scalps, and is entitled to t
Given under
Given under my hand, this
d
A B,
Clerk of County Court."
Registry to
be kept, &c.
Fees of clerk.
Which aforesaid certificate shall be received and taken in
the collector of the revenue of the county in which the sa
was given, and such collector shall be allowed pay out
the State treasury for the same; but in no case shall t
amount paid for scalps exceed the amount of the reven
of said county.
SEC. 4. Such clerk shall keep a registry of all su
scalps, in a book (which he shall keep for that purpose)
which he shall note down every certificate granted, the nu
ber of scalps proven, the dates when, and persons by who
proven, and shall transmit a certified copy of such registr
under the seal of the court, to the Treasurer of the Stat
who shall not allow and pay any such certificate which sha
not correspond with such registry.
SEC. 5. Such clerk shall receive for his services,
aforesaid, one dollar for each certified copy of the registr
and the regular fee for his certificate and seal, and ten cen
for each certificate granted under the third section of th
act, all to be paid out of the treasury of the proper count
Approved November 17, 1855.
Penalty for
firing woods,
&c., if it occa-
CHAPTER CLXX.
WOODS, MARSHES AND PRAIRIES.
AN ACT TO PREVENT THE FIRING OF WOODS, MARSHES AND PRAIRIES
2 1. Penalty for firing woods, marsh-3 3. Firing woods, &c., liable f
es, &c., if it occasion damage.
2. Setting fire to woods, &c.,
though no damage happen.
damages to the party injure
4. Masters liable for offences
slaves.
Be it enacted by the General Assembly of the State of Mi
souri, as follows:-
SECTION 1.-If any person shall willfully set on fire an
sion damage. woods, marshes or prairies, so as thereby to occasion an
WRITS AND PROCESS.
1585
HAP. 171.
amage to any other person, such person shall pay a sum not
xceeding five hundred dollars, nor less than fifty dollars,
ne-half thereof for the use of the person suing for the same,
nd the other half to the use of the county in which the
ffence is committed.
Firing
SEC. 2. If any person shall willfully set on fire any
foods, marshes or prairies, not his own, such person shall be woods, &c.,
ned in any sum not exceeding one hundred dollars.
SEC. 3.—If any person shall willfully set on fire any woods,
arshes or prairies, whether his own or not, so as thereby to
ccasion any damage to any other person, such person shall
hake satisfaction in double damages to the party injured, to
e recovered by civil action. (a)
not his own.
Firing
woods, &c.,
liable for da-
mages to the
party injured.
Masters lia-
of slaves.
SEC. 4. When any offence shall be committed against
his act by a slave, with the consent or by the command of ble for offences
is master, such master shall be liable, in the same manner
nd to the same extent, as if the act had been committed by
imself.
Approved November 17, 1855.
CHAPTER CLXXI.
WRITS AND PROCESS.
AN ACT REGULATING WRITS AND PROCESS.
1. Writs issued by courts to run 2 3. Writs not to be served on Sun-
in the name of the "State
of Missouri;" how tested.
2. Writs issued by judge or offi-
cer to run in the name of
the "State of Missouri;"
how subscribed.
day or Fourth of July, except
in certain cases.
4. Writ not served, alias may be
issued; in case of death,
proper writ may issue in va-
cation.
Be it enacted by the General Assembly of the State of Mis-
souri, as follows: —
SECTION 1.- All writs and process issued out of any
ourt of record shall run in the name of the "State of Mis-
(a) Vide, Finley v. Langston, 12 Mo. Rep., 120. A sets fire to the stub-
le on his enclosure, and, without negligence or default on his part, and by
nevitable accident, it escapes and crosses over the open prairie to the en-
losure of B, and burns his fence. Held, A is not liable to an action for
he damage. Miller v. Martin, 16 Mo. Rep., 508.
Writs issu-
ed by courts
to run, &c.;
how tested.
1586
WRITS AND PROCESS.
Writs issu-
ed by judge
or officer to
run, &c.
Writs not to
be served on
Sunday
or
fourth day of
July, except
in certain
cases.
CHAP. 17
souri," and shall be tested by the clerk of the court fr
which the same shall be issued, and sealed with the judic
seal of such court. (a)
SEC. 2.- All writs and process, issued by any judge
justice of the peace, or other officer authorized to issue t
same, shall run in the name of the "State of Missouri," a
be subscribed by the officer issuing the same.
SEC. 3. —No person, on Sunday or on the Fourth day
July, shall serve or execute any writ, process, warrant, ord
or judgment, except in criminal cases, or for a breach of t
peace, or when the defendant is about leaving the county,
the cases provided for in the sixty-fourth section of the a
to establish courts of record; and the service of every su
writ, process, warrant, order or judgment, shall be void, a
the person serving or executing the same shall be as lial
to the suit of the party aggrieved as if he had done t
same without any writ, process, warrant, order or judgme
SEC. 4. When any writ or process issued out of a
may be issu- court of this State shall not be executed, the clerk of su
court, on the application of the party suing out such writ
writ may is- process, shall issue other like process; and if any party
any suit pending in the said court shall die, the clerk
such court may, in vacation, issue proper writs and proce
to bring in the representatives of such deceased party, on t
application of the other party in such action.
Writ not
served, alias
ed; in case of
death, proper
sue in vaca-
tion.
Approved November 19, 1855.
(a) Vide, Griffin v. Samuel, 6 Mo. Rep., 50. The nineteenth section
article five of the State Constitution, directing that all writs and proc
shall run in the name of "The State of Missouri," is merely directory.
the defendant appear and answer to the action, any defect in the writ in t
respect will be cured. (Charless v Marney, 1 Mo. Rep., 537; Fowler
Watson, 4 Mo. Rep., 27; Little v. Little, 5 Mo. Rep., 227, overruled
this point.) Davis v. Wood, 7 Mo. Rep., 162.
APPENDIX.
REVISED LOCAL ACTS.
COURT COMMON PLEAS.
-
-
AN ACT TO ESTABLISH A COURT OF COMMON PLEAS IN THE COUNTY OF ST. LOUIS.
1. The St. Louis Court of Common Pleas established. |
2. Jurisdiction of the court declared and defined.
3. Practice and proceedings in the court to be the
same as in the circuit court; exceptions.
. The court shall have power to prescribe times of
pleading and regulate its practice, &c.
. Circuit court to have superintending control over
it.
6. Appeals and writs of error to the Supreme Court
allowed.
. Proceedings in such cases regulated.
3. Proceedings in cases of appeals and writs of error
to the Circuit Court regulated.
. Judge of the Court of Common Pleas, his quali-
fications, term of office; how removed, and for
what causes.
10. Elected, when.
11. To be commissioned.
12. Compensation.
13. Clerk to keep an account of the fees; disposed of,
how.
14. Compensation to be paid by the county, when.
15. Judge, a conservator of the peace; shall have like
powers in relation to suits, &c., as a circuit
judge; may grant writs of injunction, &c.; may
take and certify acknowledgments of deeds, ad-
minister oaths and issue writs of habeas corpus.
16. Clerk of the court: election and qualifications.
17. Clerk shall procure a seal, &c.
1S. Terms of court. when held.
19. Clerk to make out trial docket, when.
20. Cases to be docketed, how.
it enacted by the General Assembly of the State of Missouri, as follows:
SECTION 1. A court of record, to be called the "St. Louis Court of Common Pleas,"
hereby established, within and for the county of St. Louis, which shall possess all the
wers, perform the duties, and be subject to the restrictions of a court of record, accord-
to the laws of this State.
SEC. 2.-The said court, within said county, shall have power and jurisdiction, as fol-
Ys: First, Concurrent original jurisdiction with the Circuit Court in all civil actions of
ery nature and kind whatever; Second, Concurrent original jurisdiction with justices of
e peace in all civil actions, not exclusively cognizable before a justice of the peace.
SEC. 3. The practice, process and proceedings, in the court hereby established, shall
the same in all respects as is, or may be, provided, by law, for the government of the
cuit Court, except [when] otherwise specially provided.
SEC. 4.-The said court shall have power, when not otherwise provided by law, to pre-
ibe, by rule, the times of pleading, and shall have the same power as the circuit courts
regulate its practice, process and proceedings, in other respects.
SEC. 5.-The Circuit Court of St. Louis county shall have a superintending control
er the said Court of Common Pleas, and appellate jurisdiction from its final judgments
decisions, by appeal or writ of error; which shall be allowed and prosecuted in the
nner and with the effect prescribed, by law, in cases of appeal or writ of error, from
Circuit to the Supreme Court, except that no such appeal or writ of error shall, in any
se, operate as a supersedeas, or stay of execution, or other proceedings, on the judgment
decision of the Court of Common Pleas.
SEC. 6. — In all cases of final judgment or decision of the said Court of Common Pleas,
1588
COURT-COMMON PLEAS.
appeals and writs of error may be allowed and prosecuted directly to the Supreme Cour
in the manner and with the effect, in all respects, as is or may be provided, by law, i
cases of such appeal or writ of error, from the Circuit Court to the Supreme Court, in civ
cases.
SEC. 7. — The power, practice and proceedings of the Supreme Court, and the Judge
thereof, in cases of appeal or writ of error, and in all other matters touching the judgment
and decisions, process and proceedings, of the said Court of Common Pleas, shall be th
same, in all respects, as is provided, by law, in like cases, in respect to the Circuit Cour
SEC. 8.—In all cases which shall be removed to the Circuit Court, from the said Cou
of Common Pleas, by writ of error or appeal, the Circuit Court shall proceed as is or ma
be provided, by law, for the government of the Supreme Court on appeals or writs of erro
in civil cases, except that no stay of execution shall be allowed.
SEC. 9.— The St. Louis Court of Common Pleas shall be held by one judge, who sha
possess the qualifications of a circuit judge, shall hold his office for the term of six years
and until his successor is elected and qualified; but may sooner be removed from office, fo
the like causes, and in the same manner, as a circuit judge.
SEC. 10. On the first Monday in August, in the year eighteen hundred and fifty-sever
and every six years thereafter, there shall be an election held in the county of St. Louis
at the places and in the manner provided, by law, for holding elections in such county
for the election of such Judge for said Court of Common Pleas, by the qualified voter
therein.
SEC. 11.-Immediately after the election of said Judge, the clerk of the county cou
shall transmit to the Governor a certificate of such election, who shall thereupon issue
commission to the person so certified to be elected as Judge of said Court of Common Pleas
SEC. 12. The compensation of such Judge shall be two thousand dollars a year, pay
able out of the State treasury, quarter-yearly, in the same manner as the salaries of th
circuit judges; and, also, fees, not exceeding the sum of one thousand dollars, to be levie
as follows: Fifty cents on each final judgment, in cases of appeal from justices of th
Said fees to b
peace, and the sum of one dollar on each final judgment, in other cases.
taxed, as other costs, against the unsuccessful party.
SEC. 13. The clerk of said court shall keep an account of the fees taxed, as abov
directed, for each year; and if they amount to more than one thousand dollars, the su
annually allowed the Judge out of the same, the excess shall be paid into the county trea
sury; and if such fees do not amount to the sum of one thousand dollars, during any on
year, the County Court of St. Louis county is hereby authorized and required to pay ou
of the county treasury of St. Louis county, to the Judge of such Court, such sum, in addi
tion to the compensation herein provided for such Judge, as will make the total amour
of compensation received by such Judge, during any such year, not to exceed the sum
three thousand dollars.
SEC. 14. The amount of compensation required to be paid such Judge out of th
treasury of St. Louis county, by the preceding section, shall be paid to him at the sam
stated periods as the salary of said Judge.
SEC. 15.-The Judge of said Court shall be a conservator of the peace throughout th
county, and shall have like powers in relation to suits, process and proceedings, in the sai
Court of Common Pleas, as a circuit judge, by law, has in like cases in the circuit cour
He may grant writs of injunction, returnable to the court in which the suit is brought, o
proposed to be brought, for which the injunction is prayed; take and certify the proof an
acknowledgment of all deeds, conveyances and other instruments of writing; administe
oaths, issue writs of habeas corpus, and hear and determine the same, in the same manne
as a judge of the Circuit Court.
SEC. 16. There shall be a clerk of the St. Louis Court of Common Pleas, who sha
COURT CRIMINAL.
1589
sess the qualifications of a clerk of a circuit court, and be elected, succeeded and quali-
as provided for the clerk of the Circuit Court of St. Louis county.
SEC. 17. He shall procure and keep a seal, with such emblems and devices as shall
rescribed by the Court, or Judge thereof, as the seal of said court.
SEC. 18.-Two terms of the Court of Common Pleas shall be held in each year, in the
t-house, in St. Louis county, commencing on the second Monday of March, and on the
nd Monday of October.
SEC. 19.-The clerk of said court shall, after every adjournment of his court, and
out unnecessary delay, make out the trial docket for the first three weeks of the next
thereof, and the same complete for the rest of the term as soon as conveniently
eticable.
SEC. 20.-It shall be the duty of the Judge of said Court to cause the clerk thereof
hake the settings of cases for trial in his Court, and the same to change, so as to pro-
as little detention of suitors and witnesses in court as practicable.
Approved November 24, 1855.
COURT-CRIMINAL.
AN ACT TO ESTABLISH A CRIMINAL COURT IN ST. LOUIS COUNTY.
Criminal Court in the county of St. Louis esta-, 10. How removed, and for what causes.
blished.
Powers and duties of, declared.
Circuit Court of St. Louis county deprived of ju-
risdiction in certain cases.
Criminal causes removed from other counties to
St. Louis, where tried.
Circuit Court of St. Louis county to exercise su-
perintending control over the Criminal Court.
Appeals and writs of error allowed to the Supreme
Court.
Judge of Criminal Court may stay proceedings
in case of appeal or writ of error, and admit
defendant to bail.
Circuit Court, in cases of appeal or writ of error,
how to proceed.
Judge of the Court elected, when; his qualifica-
tions and term of office.
11. Commission to issue upon his election.
12. Judge, a conservator of the peace; his powers.
13. Clerk of the Criminal Court shall procure a seal.
14. Terms of the Criminal Court, when to be held.
15. Venue to the Circuit Court, where the causes re-
late to the Judge.
16. Powers and duties of Circuit Court over criminal
cases taken thither by change of venue.
17. No change of venue allowed to any other county:
writ of venire may, upon affidavit, issue to the
city, or county outside of the city.
18. Capital punishment to be inflicted in private.
19. Who may witness the execution.
20.
Who may be employed as the posse; no minor to
be present.
21. Penalty on the officer for certain violations of this
act.
t enacted by the General Assembly of the State of Missouri, as follows:
SECTION 1. -A court of record, to be called "The St. Louis Criminal Court," is hereby
blished in the county of St. Louis, which shall have all the original and appellate juris-
on, in criminal cases, vested in the several circuit courts of this State.
SEC. 2.-The Court shall possess all the powers, perform the duties, and be subject to
restrictions, of a court of record, as such, according to the provision of the laws of
State.
SEC. 3.-The Circuit Court of St. Louis county shall not hereafter exercise original
diction in any criminal case, nor appellate jurisdiction of any offence tried and deter-
ed before a justice of the peace or other magistrate.
SEC. 4.-All criminal causes removed from any other county to the county of St. Louis.
be tried and determined by the court hereby established.
SEC. 5.-The Circuit Court of St. Louis county shall exercise its superintending con--
over the said Criminal Court, only by appeal or writ of error, allowed and prosecuted.
1590
COURT-CRIMINAL.
in the manner and with the effect prescribed, by law, in cases of appeals or writs of err
to the Supreme Court, except that the defendant shall in no case be let to bail on such appe
or writ of error.
SEC. 6.- Appeals and writs of error, in case of final judgment or decision of sa
Circuit or Criminal Court, may be allowed and prosecuted directly to the Supreme Cou
in the manner and with the effect, in all respects, as is prescribed, by law, in cases of su
appeal or writ of error from the Circuit to the Supreme Court in criminal cases.
SEC. 7.-The Court hereby established, and the Judge thereof, shall have power
stay proceedings on any judgment rendered in said court, in any case of appeal or writ
error, and to admit the defendant to bail upon appeal or writ of error to the Suprer
Court, in the manner and for the causes prescribed, by law, for the government of t
Supreme and Circuit Courts, and the Judges thereof, in such cases.
SEC. 8.-The Circuit Court, in all cases of appeal or writ of error, shall proceed as
provided, by law, for the government of the Supreme Court on appeals or writs of error
criminal cases.
SEC. 9.On the first Monday in August, in the year eighteen hundred and fifty-seve
and every six years thereafter, there shall be an election held in the county of St. Lou
at the places and in the manner provided, by law, for holding elections in such county, f
the election of a Judge for said Criminal Court, by the qualified voters therein; and su
Judge shall possess the qualifications of a circuit judge, and shall hold his office for t
term of six years from the time of said election, and until his successor be duly elect
and qualified, unless sooner removed from office, as in the next section provided.
SEC. 10. Such Judge may be removed from office for the same causes, and in t
same manner, as a Judge of the Circuit Court; and all vacancies in said office shall be, a
all contested elections, determined as in cases of circuit judges.
SEC. 11.-Immediately after the election of said Judge, the clerk of the County Cou
shall transmit to the Governor a certificate of such election, who shall thereupon issue
commission to the person so certified to be elected as Judge of said Criminal Court.
SEC. 12. The Judge of said Court shall be a conservator of the peace within t
county, and shall have all the powers of the several judges of the circuit courts of t
State, in criminal cases; may take and certify the proof and acknowledgment of deeds a
conveyances; administer oaths; issue writs of habeas corpus, and hear and determine t
same, in the same manner as the judges of the circuit courts.
SEC. 13. There shall be a clerk of the said Criminal Court, who shall procure a se
with such emblems and devices as shall be prescribed by the Judge or Court.
SEC. 14. Six terms of the Criminal Court shall be held in each year, in the cou
house in St. Louis county, commencing on the first Mondays of January, March, Ma
July, September and November.
SEC. 15. In all cases of change of venue from the Criminal Court of St. Lo
county, applied for on account of the interest, prejudice or relationship, of the Judge
said Court, or on account of any other legal objection to said Judge, the cause shall not
sent to a different county for trial, but shall be transferred to the Circuit Court of sa
county; and upon the transcript of the record of such cause being filed in the office of
clerk of the court to which the same shall have been transferred, such court shall
possessed of full jurisdiction of the cause, and shall proceed to hear and determine t
same. (a)
SEC. 16.- In every case of change of venue [to] the Court mentioned in the last prece
ing section, it shall be the duty of such Court to have the same tried and disposed of
(a) See, an act, next following this act, in relation to change of venue from the Criminal Court of St. Lo
county, approved December eleven, one thousand eight hundred and fifty-five.
COURT-CRIMINAL.
1591
rovided by law; and it shall, when necessary, hold special terms of said Court to try and
ispose of such causes; and shall have all the rights, powers and authority, and perform
ll the duties, of the Criminal Court, in relation to the same.
SEC. 17.. It shall not be lawful for a person, indicted in St. Louis county, to obtain a
hange of venue to any other county; but if any person thus indicted shall file his petition,
upported by the affidavit of himself, or some disinterested, respectable person, stating that
he minds of the inhabitants of the city of St. Louis are prejudiced against him, then a
pecial venire shall be issued to summon a jury, consisting of persons who reside in St.
Louis county, and outside of the city of St. Louis, to try said cause; and if any person
hus indicted shall file a like petition and affidavit, as above, stating that the minds of the
nhabitants of said county, who reside outside of the city of St. Louis, are prejudiced
against him, then a venire shall issue in said cause, to summon a jury, consisting of persons
who reside within the city of St. Louis, to try said cause.
SEC. 18. Whenever any person shall be condemned to suffer [death,] at the county
of St. Louis, for any crime of which such person shall have been lawfully convicted, such
punishment shall be inflicted within the walls of the prison of such county, or in a yard or
enclosure adjoining said prison, and, in either case, as privately and secluded from the
public view as may be practicable.
SEC. 19.-It shall be the duty of the sheriff, or of the under-sheriff, or of the marshal
of the county, to be present at the execution, and to invite the presence, by at least three
lays' previous notice, of the judges and circuit attorney for said county, together with two
physicians, and not less than ten, nor more than fifteen reputable citizens, to be selected by
said sheriff, or under-sheriff, or marshal. The sheriff, or under-sheriff, or marshal, afore-
said, shall, at the request of the criminal, permit such minister or ministers of the Gospel,
not exceeding two in number, as said criminal shall name, and any of the immediate rela-
tions of said criminal, to attend, and be present at such execution.
SEC. 20. The said sheriff, or under-sheriff, or marshal, may, also, cause such officers
of the prison, constables or deputies, to be present as he shall deem expedient, to secure
the infliction of the punishment and preserve the peace; but no other person shall be
permitted to be present, (excepting those herein mentioned,) at any such exccution; nor
shall any minor, or person under the age of twenty-one years, be allowed to witness the
same, under any pretence whatever.
SEC. 21.-Any sheriff, or under-sheriff, or marshal, who shall violate any of the provi-
sions of this act, or shall needlessly expose the execution of a criminal to the public view,
or shall connive at the same, and shall be thereof convicted, shall be considered guilty of a
misdemeanor in office, and, besides paying a fine of not less than one hundred dollars,
shall be incapable of holding the office of sheriff, or under-sheriff, or marshal, for ten years
after the commission of such misdemeanor.
Approved November 29, 1855.
AN ACT IN RELATION TO CHANGE OF VENUE FROM THE CRIMINAL COURT OF ST. LOUIS COUNTY.
21. Of changes of venue.
? 2 How the same shall be obtained.
I
Be it enacted by the General Assembly of the State of Missouri, as follows:-
SECTION 1.-No change of venue shall hereafter be allowed from the St. Louis
Criminal Court, except as hereinafter provided.
SEC. 2.-Any party desiring a change of venue from said Criminal Court, on account
of any of the causes provided by law, shall present his petition to the Judge of the St,
Louis Court of Common Pleas, in writing, and verified by affidavit, and setting forth at
*U VOL. II.
1592
COURT-LAND.
least one of the causes for which changes of venue are now allowed by law, first giving
reasonable notice to the adverse party; and thereupon the Judge of said Common Pleas
Court shall immediately hear such evidence as the parties may, respectively, introduce in
regard to the statements made in said petition, and may examine the party applicant under
oath; from all of which testimony said Judge of said Court of Common Pleas shal
determine the existence or non-existence of the facts stated in the petition; and if the said
Judge be of opinion that the facts set forth in said petition are true, he shall state the same
in writing, and issue his warrant, directed to the Judge and clerk of said Criminal Court
commanding them to transfer said cause to the St. Louis Circuit Court, as now required
by law, in similar cases; but if said Judge of the Court of Common Pleas be of opinion
that the matters stated in the said petition be untrue, he shall dismiss the application, a
the cost of the applicant.
This act to take effect from and after its passage.
Approved December 11, 1855.
COURT-LAND.
AN ACT TO ESTABLISH A LAND COURT IN ST. LOUIS COUNTY, AND FOR OTHER PURPOSES.
1. St. Louis Land Court established.
2. Exclusive jurisdiction of said Court.
3. Superintending control given over certain courts.
4. May order sales of real estate by administra-
tor, &c.
5. May make rules. Appeals allowed to Supreme
Court.
6. Judge, his qualifications, compensation, &c.
7. In what cases causes removable to Circuit Court.
8. Practice, proceedings, &c., to be the same as in
Circuit Court.
9. Circuit Court to exercise superintending control
over this court, when.
10. Proceedings in such cases.
11. General powers of the Judge.
12. Clerk, his qualifications and powers.
13. In what cases abstracts of judgment shall be liens
on real estate.
14. Abstract of judgments to be furnished clerk.
15. Mechanics' liens to be filed in this Court.
16. Docket of cases to be published.
17. Seal of office to be procured.
18. Election of Judge, when and how held.
19. Trial docket to be made by clerk.
20. When sales of real estate may be made by com-
missioner appointed in sheriff's place.
21. Map of subdivisions of land to be filed.
22. Report of sales to be made.
23. Fees of commissioner.
24. Deeds to real estate thus sold, how made.
25. When suits shall be triable in the St. Louis
courts.
Be it enacted by the General Assembly of the State of Missouri, as follows:—
SECTION 1.—A court of record, to be called "The St. Louis Land Court," is esta-
blished within and for the county of St. Louis. (a)
SEC. 2.- The St. Louis Land Court, established for the county of St. Louis, shall have
exclusive, original jurisdiction, in the following cases: In all actions, instituted in the
county of St. Louis, for recovering the possession of any real estate therein; for enforcing
any right, claim, demand or lien, to or upon the same; for making partitions thereof; for
quieting the title thereto; for enforcing the rights and obligations of lessors and lessees,
and their respective assignees; for recovering damages for injuries and wrongs thereto, and
staying waste thereof; [and] concurrent jurisdiction with the Circuit Court for the collection
of demands, whose consideration is real estate, or any interest therein: Provided, however,
That the jurisdiction hereby conferred shall not take away the jurisdiction in like matters
conferred upon justices of the peace, the Law Commissioner's Court, or Probate Court, in
said county.
SEC. 3.—The St. Louis Land Court shall have a superintending control over the Probate
Court, the Law Commissioner's Court and justices of the peace, in all such actions and
proceedings (and such only) as relate to land, or any interest, claim or right, therein; and
all appeals from the decisions of those tribunals in such cases (and such only) shall be to
(a) See, McCune v. IIull, 20 Mo. Rep., 595.
.
COURT-LAND.
1593
he St. Louis Land Court, which Court shall have the same power and duty to hear and
etermine the same, as the Circuit Court had prior to the establishment of this Court.
-
SEC. 4. Said Court may order sales in partition of estates, in cases of administration,
o be made by the executor or administrator thereof; and the proceeds of said sale shall be
ssets in his hands, to be paid out or distributed as other assets, and for which the
ecurities in his official bond shall be liable; and all creditors shall be bound by such sale.
SEC. 5. The said Court shall have the same power to make rules for the government
f its practice and proceedings as the Circuit Court has. It shall be subject to the superin-
ending control of the Supreme Court; and all its judgments and decisions shall be subject
o be reviewed, and reversed or affirmed, by the Supreme Court, and may be removed
o the Supreme Court by writ of error or appeal, in the same manner, and by the same
hode of proceeding, as the judgments of the Circuit Court are removed.
SEC. 6. There shall be a Judge of the said Court, who shall possess the same quali-
ications as the law requires for a Judge of the Circuit Court. He shall be elected by the
qualified voters of said county, and shall hold his office for six years, counting from the
lay on which he takes the oath of office, and until his successor is elected and qualified;
and he shall receive the same compensation as the Judge of the St. Louis Court of Common
Pleas now receives, and shall be paid in the same way. (a) There shall be two terms of
said Court held at the City of St. Louis, on the second Mondays in March and October in
each year.
SEC. 7. Cases pending before said Court may be removed into the St. Louis Circuit
Court, for the same causes and in the same manner as causes may now be removed from
the St. Louis Circuit Court to the Court of Common Pleas of said county.
SEC. 8.The practice, process and proceedings, in said Court shall be the same, in all
respects, and with like powers, as provided, by law, for the government of the Circuit Court.
SEC. 9.—The Circuit Court of St. Louis county shall have a superintending control
over the St. Louis Land Court, and appellate jurisdiction from its final judgments and
decisions by appeal or writ of error, which shall be allowed and prosecuted in the same
manner, and with the effect, prescribed by law, in cases of appeal or writ of error from
the Circuit to the Supreme Court; but no such appeal or writ of error shall, in any case,
operate as a supersedeas or stay of execution, or other proceeding, on the judgment or
decision of the said Land Court.
SEC. 10. In all cases which shall be removed to the Circuit Court from the Land Court,
as above provided, the Circuit Court shall proceed as is or may be provided, by law, for the
government of the Supreme Court on appeals or writs of error in civil cases, except that no
stay on execution shall be allowed.
SEC. 11. — The Judge of said Court shall be a conservator of the peace throughout the
county, and shall have the like powers in relation to suits; process and proceedings, in the
Land Court, as a Circuit Court Judge has in the Circuit Court; and may take and certify the
proof and acknowledgment of all deeds, conveyances and other instruments of writing;
administer oaths; issue writs of injunction, returnable to the court in which the suit is
brought, or proposed to be brought, for which the injunction is prayed; and writs of
habeas corpus, and hear and determine the same, in the same manner as a Judge of the
Circuit Court.
SEC. 12. There shall be a clerk of the St. Louis Land Court, who shall possess the
qualifications and powers of a clerk of the Circuit Court; and who shall be elected, at the
same time, in the same manner, and for the same term, and, in case of the vacancy of his
office, be succeeded, as the clerk of the Circuit Court for the county of St. Louis.
(a) Tide, section eighteen, and the supplemental act. The provisions in the act. establishing the St. Louis
Land Court, approved February 23, 1853, that the Judge should receive the same compensation as the Judge of
the St. Louis Court of Common Pleas then received, means not only that he should receive the same amount,
but from the same sources. 20 3o. Rep., 499.
1594
COURT-LAND.
SEC. 13. No judgment hereafter rendered by any court in St. Louis county sha
be a lien on real estate, until an abstract of said judgment shall be entered in a book,
be kept by the clerk of said Land Court, and which shall state, in ruled columns: Firs
The names of the parties; Second, The court in which the judgment is rendered; Thir
The date thereof, and of its entry in said book; and which shall, also, have a vacar
column, in which to state the satisfaction, or other disposition, of said judgment. Th
liens of all judgments entered in said book, as provided for in this act, shall have priority
according to the period of time of their respective entries in said book; such period bein
deemed the period of time within which the abstract thereof should be furnished to th
clerk of this court, under the provisions of this act.
SEC. 14. It shall be the duty of each of the clerks of all courts of record in sai
county, within five days after the rendition of any final judgment in their respective courts
or, if a motion for a new trial be filed, then within five days after the overruling of th
same, to furnish an abstract thereof, as aforesaid, to the clerk of said Land Court, wh
shall immediately, upon the same day, enter the same on his abstract, as aforesaid, and
said clerk shall, also, enter the same, when the abstract aforesaid shall be furnished to him
by any party interested or his agent; and each of said clerks and their securities shall be
respectively, liable for any damage occasioned by any neglect to perform the duties hereby
required of them, respectively; and they shall each receive a fee of twenty-five cents fo
each judgment, for his said services relative thereto, which shall be taxed and collected as
other costs in the casco.
SEC. 15.-Liens of mechanics, builders, laborers and artizans, in said county, shal
hereafter be filed in the office of the clerk of the Land Court, in the same manner as the
law, for their behalf, provides for [the filing of] the same, in the clerk's office of a circui
court; and the duties and fees of the clerk of the Land Court shall be the same, relative
thereto, as provided by such law for the clerk of a circuit court.
SEc. 16.-It shall be the duty of the clerk of the St. Louis Land Court to publish, in
one English and one German newspaper, printed in the city of St. Louis, and having the
largest circulation, respectively, at least ten days before the commencement of any term of
said Court, a list of all cases returnable to said term, or continued to the same: Provided,
That in no case the price paid for such publications shall exceed the price fixed by law.
SEC. 17.-The clerk of said Court shall procure and keep a seal, as the seal of said
court, with such emblems and devices as the Judge shall direct.
SEC. 18. On the first Monday in August, in the year one thousand eight hundred and
fifty-seven, and every six years thereafter, there shall be elected a Judge of the St. Louis
Land Court, in the same way provided for the election of the Circuit Court Judge for said
county, who shall be commissioned and qualified as judges of circuit courts in this State.
SEC. 19. The clerk of the Land Court shall, after every adjournment of said Court,
and without unnecessary delay, make out the trial docket for the first three weeks of [the]
next term thereof, and the same complete, for the rest of the term, as soon as practicable;
and it shall be the duty of the Judge of said Land Court to cause the clerk thereof to make
settings of cases for trial in his Court, and the same to change, so as to produce as little
detention of suitors and witnesses, in court, as possible.
SEC. 20.—In suits for partition, in said Land Court, when property is ordered to be
sold, if all the parties appearing thereto, and interested therein, and in case any of them
be infants, their guardians in the suit, shall file a petition in the suit, praying that any
person other than the sheriff (naming him) may conduct and make the sale, the Court
may so order and appoint such person therefor. Such person, before entering upon his
duties, shall file in the suit his affidavit, that he will act faithfully, impartially, and in
good faith to all, in conducting and making such sale. Every such sale shall be conducted
and made according to the provisions of law for such a sale, by a sheriff, except that it
COURT-LAND.
1595
ay be made upon the premises, and may be adjourned, from time to time, as shall be
eemed expedient by the said parties.
SEC. 21. If the property be subdivided for sale, a map of the sublivisions, showing
eir size, shape and position, and entitled in the suit, [shall be made; and] the person
aking the sale shall file [such map] in the office of the county recorder, [having first
een] certified by him to be correct, and so file it; and a copy thereof, duly certified by
he recorder, shall be evidence of said matters (a)
SEC. 22. Upon completing the sale, the person making it shall make out a report of
is proceedings, such as required, by law. of the sheriff in such sales, and, also, stating
he expenses of the sale, and the place of the sale, verified by his affidavit, and accompa-
ied by a map, such as aforesaid, of the subdivisions of the property sold, and deliver such
eport to the sheriff of the county, who thereupon and therefrom shall take charge of,
nd execute and discharge, the remaining duties and proceedings in the case, as provided,
y law, for sales in parti:ion, the same as if he had himself made the sale, and shall make
aid report to the Court, as provided for his own report, when he sells in like cases. Every
ale so made shall be of the same validity and effect as if made according to the provisions
f the general law.
SEC. 23. When a sale [shall] be made by a person other than the sheriff, as hereto-
ore provided for, the compensation of the sheriff, as commissions upon the amount of
ales, for his services in the proceedings subsequent to the sale, shall be only one-half of
hat provided, by law, for his services, in cases where no other person is appointed to
hake the sale, as aforesaid.
SEC. 24. In making deeds to purchasers at sales made by another person, as afore-
aid, the sheriff shall pursue the usual form thereof, briefly reciting the sale to have been
hade by the person appointed, as aforesaid, therefor, naming him; and such deed shall be
s valid and effectual, to convey the property sold, as if the sale had been made by the
heriff, as in ordinary cases.
SEC. 25.Suits instituted in the St. Louis Land Court, the St. Louis Court of Common
Pleas, and the Circuit Court for the county of St. Louis, shall be triable at the return term
hereof, in all cases in which the parties continued to be proceeded against at such term
shall have been personally summoned, for at least fifteen days before the first day of such
erm, unless continued for good cause shown, as required by the law, or the rules of
court.
Approved December 12, 1855.
AN ACT SUPPLEMENTARY TO AN ACT ENTITLED, "AN ACT TO ESTABLISH A LAND COURT IN ST.
LOUIS COUNTY, AND FOR OTHER PURPOSES," APPROVED FEBRUARY 23, 1853.
1. Election for Judge of Land Court, when and how | 2. Term of Court not to lapse by reason of vacancy.
to be held.
3. Commission to issue to Judge.
Be it enacted by the General Assembly of the State of Missouri, as follows:-
SECTION 1.—That in case any vacancy shall happen in the office of Judge of the St.
Louis Land Court, the clerk of said Court shall, by a certificate under his seal, immediately
notify the Governor thereof, who shall order an election, by the qualified voters of St.
Louis county, according to the election laws of this State, to fill said office, to be held on a
day not less than thirty, nor more than sixty, days after receipt of such notice, unless some
general election for county officers for St. Louis county, or some general election for officers
of the corporation of the city of St. Louis, shall occur within six months after said notifi-
(a) This, and several other sections of this act, including the act amendatory of this act, were introduced
and adopted during the past session of the General Assembly.
1596
COURT-LAW COMMISSIONER'S.
•
cation, in which case, said election to fill such vacancy shall be fixed on the day of th
general election, either for county or city officers, whichever shall be held first, after suc
notice of vacancy is received by the Governor; and every election to fill a vacancy sha
be for the residue of the term only for which the preceding Judge was elected, and till hi
successor is elected and qualified.
•
SEC. 2.-If any vacancy in the office of said Judge of the St. Louis Land Court sha
happen at such a time, that the election to be held, in manner above provided, does no
take place in time for the next ensuing term of said Court, to be held at the time appointe
by law, such next ensuing term after the vacancy occurs shall not lapse for the reaso
that the Judge is not, on the day appointed for it to begin, elected or qualified; but th
term shall stand continued until the second Monday after such election has taken place
and all process and proceedings which may have been made returnable to the regular da
of the commencement of such term, shall be held and taken as returnable to the first da
of the term, as postponed: namely, to the second Monday after such election shall be held
and all pleadings and proceedings in said Court shall be made to conform to the term, a
beginning at the postponed time, as herein provided for.
SEC. 3. Immediately after the election of said Judge, the clerk of the County Cour
for St. Louis county shall transmit to the Governor a certificate of such election, who shal
thereupon issue a commission to the person so certifie to be elected as Judge of sai
Court.
This act to take effect and be in force from and after its approval.
Approved December 13, 1855.
COURT-LAW COMMISSIONER'S.
AN ACT TO ESTABLISH THE LAW COMMISSIONER'S COURT IN THE COUNTY OF ST. LOUIS,
AND FOR OTHER PURPOSES.
2 1. Court established; invested with all the powers 2 14. Pleadings and proceedings governed by the gene
of a court of record.
2. Powers and jurisdiction of the Court.
3. Appeals from justices' courts to be made to this
Court, except as provided.
4. Appeals, bow taken.
5. Have what power and control over justices.
6. How many to compose the jury.
7. Of the jurisdiction of the Circuit Court over this
Court.
8. The Commissioner has the power of a justice of
the peace in criminal cases.
9. Has power to take affidavits and acknowledg
ments of deeds; his fees for such services.
10. May take depositions, and in what cases.
11. Ilas power to perform marriage ceremonies.
12. To preserve order and enforce the same.
13. Cases may be taken by appeal or writ of error di-
rect to the Supreme Court.
15.
ral law of practice in courts of justice.
Court has power to make rules and regulations a
to practice.
16. Seal of office; the inscription.
17. The Commissioner, his qualifications and term c
office; to be elected, when.
18. Oath of office; commission and oath to be re
corded, where.
19. Terms of Court, when and how many.
20. Room and necessaries for the Court to be furnishe
by the County Court.
21.
Marshal of the county to serve process of Court
his fees same as the sheriff's.
22.
Lists of fees in appeal cases to be kept by th
Court.
23. Commissioner's fees.
24. May appoint a clerk; what service he may per
form, and what not.
Be it enacted by the General Assembly of the State of Missouri, as follows:-
SECTION 1. A court of record, to be called "The Law Commissioner's Court," is hereby
established in the county of St. Louis, which shall possess all the powers, perform the
duties, and be subject to the restrictions of a court of record as such, according to the
provisions of the laws of this State.
SEC. 2.- Said Court shall have power and jurisdiction within said county, as follows
First, Jurisdiction in all actions founded upon contract, when the debt or balance due, or
COURT-LAW COMMISSIONER'S.
1597
damages claimed, exclusive of interest, shall not exceed one hundred and fifty dollars;
Second, Jurisdiction in actions of trespass, and trespass on the case, for injuries to persons,
or to real or personal property, wherein the damages claimed shall not exceed one hundred
dollars; Third, Jurisdiction in actions of forcible entry and detainer, and forcible and un-
lawful detainer, as the same are cognizable before justices of the peace in said county;
and all trials in relation thereto shall be governed by the same rules and regulations that
govern trials in like cases before justices of the peace; Fourth, Jurisdiction in cases aris-
ing under any law, concerning landlords and tenants in the county of St. Louis; Fifth, Ju-
risdiction in all actions founded on contract against boats and vessels, when the matter in
controversy shall not exceed one hundred dollars, but subject to the same laws provided
for like cases in a justice's court; (a) Sixth, Jurisdiction in all actions for the claim and
delivery of personal property, where the value of the same shall not exceed one hundred
and fifty dollars; Seventh, Jurisdiction in all actions for any penalty, not exceeding one
hundred and fifty dollars, given by any statute of this State
SEC. 3. Said Court shall have exclusive jurisdiction over all appeals, in civil cases,
from justices of the peace within the city and county of St. Louis, except those provided,
by law, to be made to the St. Louis Land Court; and shall have power and authority to
hear and determine such appeals, in the same manner, and under the same rules and regu-
lations, as are specified, by law, for the hearing and determining of like cases in the several
circuit courts in this State, except as otherwise provided by law.
SEC. 4. Such appeals from justices of the peace, as aforesaid, shall be taken to said
Commissioner's Court, in the same manner, and under the same rules and regulations, that
are specified, by law, for the taking of appeals to the several circuit courts.
SEC. 5. Said Commissioner's Court shall have the same power and control over jus-
tices of the peace within said city and county, in civil cases, that the circuit courts have
in like cases.
SEC. 6. In all jury trials in said Court the jury shall consist of six lawful jurors, or
a less number, if the parties shall consent thereto.
SEC. 7. The Circuit Court of St. Louis county shall have the same control and juris-
diction over said Commissioner's Court that it has over the St. Louis Criminal Court.
SEC. 8.—The Law Commissioner shall have full power to act as a justice of the peace
in all criminal cases, and in prosecutions for misdemeanors and breaches of the peace; and,
as such, shall be authorized to take examinations, and commit, admit to bail or discharge,
prisoners accused of crimes or misdemeanors; and, in all such proceedings, shall have the
same powers, perform the same duties, and be governed by the same laws, as justices of
the peace in similar cases.
SEC. 9.-The Law Commissioner shall have power and authority to take and certify
the acknowledgment of all deeds and instruments of writing, and of relinquishments of
dower, required, by law, to be taken, in the same manner, and with the like effect, as if
they had been taken by the clerk of a court of record; and such acknowledgments shall
be certified under his seal of office, and he shall receive therefor the same fees that are al-
lowed to clerks of circuit courts for similar services. Said Law Commissioner shall, also,
have power to take and certify all affidavits required, by law, to be taken, and he shall re-
ceive therefor the same fees allowed to such officers for such affidavits.
SEC. 10. —Said Law Commissioner shall possess all the powers of a justice of the
peace in taking depositions; and, in all cases where justices of the peace are authorized
to take depositions, said Commissioner shall possess full power and authority to take depo-
sitions, and shall be entitled to the same fees.
SEC. 11.-Said Law Commissioner shall, also, possess the power to perform the cere-
(a) The Law Commissioner has no authority to make an order for the sale of a boat, or to distribute the pro-
ceeds. 19 Mo. Rep., 538.
1598
COURT-LAW COMMISSIONER'S.
mony of marriage, and shall be governed by the same regulations, and [be] entitled to the
same fees, as is [are] now provided, by law, in cases of other officers authorized to per-
form the marriage ceremony.
SEC. 12.—The said Commissioner shall have power to preserve order, and enforce the
same, in like manner as is possessed by the several courts of record in this State.
SEC. 13. Cases may be taken from said Commissioner's Court, by appeal or writ of
error, to the Supreme Court, under the same rules and regulations that like cases are
taken to the Supreme Court from the several circuit courts; and the cases taken to the
Supreme Court from said Commissioner's Court shall be heard and determined in the said
Supreme Court, in the same manner, and under the same rules and regulations, that like
cases are heard and determined therein from the several circuit courts. (a)
SEC. 14.- All pleadings and proceedings in the Law Commissioner's Court shall be
conducted in the same manner, and be subject to the same rules, as like pleadings and pro-
ceedings in the circuit courts; and shall, in all respects, so far as they may be applicable,
be governed by the provisions of the laws of this State regulating "Practice of Law in
Courts of Justice."
SEC. 15.-Said Court shall have power to make all necdful rules and regulations for
the conduct of business therein, not inconsistent with the general law.
SEC. 16.-It shall be the duty of said Commissioner to provide a seal of office, on which
shall be inscribed, "The Law Commissioner of St. Louis County," and every deposition
by him taken shall be certified by his hand and seal of office.
SEC. 17.- Said Law Commissioner shall possess the same qualifications, and be commis-
sioned and qualified in the same manner, as the Judge of the St. Louis Criminal Court, and
shall hold his office for the term of six years, and until his successor is elected and quali-
fied. He shall be elected by the qualified voters of St. Louis county, on the first Monday
of August, in the year one thousand eight hundred and fifty-seven, and every six years
thereafter; and all elections shall be held, and vacancies filled, in the same manner that
may be provided for, by law, as to the office of Judge of the Circuit [Court] for St. Louis
county, and may be removed from office for the same causes, and in the same manner, as a
Judge of such Court.
SEC. 18. Before entering on the duties of his office, the said Law Commissioner shall,
within thirty days after the receipt of his commission by the Governor, take an oath to
support the Constitution of the United States and of this State, and faithfully to demean
himself in office; which commission, and oath endorsed on the same, shall be recorded in
the office of the clerk of the County Court of St. Louis county.
SEC. 19.-Six terms of the Law Commissioner's Court of St. Louis county shall be
held in each year in the city of St. Louis, commencing on the first Mondays in April, June,
August, October, December and February.
SEC. 20.-The County Court of St. Louis county shall furnish a room, and all other
necessaries, for said Court, as provided by law.
SEC. 21.-Any writ, process or command, issued from said Commissioner's Court, shall
be directed to, and executed and returned by, the marshal of the county of St. Louis, in
the same manner as provided, by law, for the execution and return of like process; and he
shall, in all things, be subject to the same laws for every failure or omission of duty, as
provided against sheriffs in like cases. His fees and compensation shall be the same as
allowed, by the existing laws, to sheriffs for like services.
SEC. 22. The Law Commissioner shall cause to be kept a book, in which shall be en-
tered a correct list of all fees due to justices of the peace, constables, and all other per-
sons, in appeal cases, adjudicated in his Court.
(a) Causes cannot be taken by writ of error or appeal from this Court to the Circuit Court, but only to the
Supreme Court. Little v. Sellick, 16 Mo. Rep., 269.
COURT-PROBATE.
1599
SEC. 23. — In appeal cases, and in all other cases where the Commissioner shall exer-
se the powers and perform the duties of justices of the peace, he shall receive the same
ces as are allowed such justices, by law; and for all [such] other services as may be
endered by said Commissioner, he shall receive the same fees and compensation as are
lowed, by law, to clerks of the circuit courts for like services, and an additional fee of
ne dollar, to be paid on the filing of each appeal case, and the additional sum of twenty-
ve cents for every deposition taken before him; which said fees and compensation shall be
axed and collected as costs are taxed and collected by the existing laws. (a)
SEC. 24.—The Law Commissioner shall be entitled to appoint a clerk, to aid him in
he duties of his office; but such clerk shall, in no case, sit as Commissioner, or perform
ny other duties than those that properly pertain to the business of a clerk; and any paper
r record of said Court may be authenticated by the certificate and official signature of
ither the Commissioner or his clerk, with the seal of the Court annexed. And the said
aw Commissioner shall be entitled to receive the same fees and compensation for such ser-
ice rendered by his clerk, as for those rendered by himself; but no additional compensa-
ion is allowed to the clerk, or to the Commissioner, on account of his services as clerk.
Approved November 27, 1855.
COURT-PROBATE.
AN ACT ESTABLISHING A PROBATE COURT IN ST. LOUIS COUNTY, AND FOR OTHER
PURPOSES.
1. Probate Court to consist of one Judge; his style |2
of office; to be elected; term of office; elec
tion to be certified: tie determined; to be coш-
missioned; vacancies, how filled.
2. His qualifications; oath of office; may be removed
from office.
3. What laws regulate the jurisdiction and proceed-
ings of the Court.
4. Election of Judge to be held, when and how.
5. To have a seal; declared a court of record.
6. To have exclusive original jurisdiction, in what
cases; concurrentjurisdiction with Circuit Court,
when.
7. Power to award process.
8. May issue all writs necessary to the exercise of its
jurisdiction; what causes and pro eedings shall
be certified to, and tried by, the Circuit Court.
9.
Court to be held. when; time may be altered,
how; may hold adjourned terms.
10. What powers the Judge may exercise in vacation.
11. When he shall be deemed guilty of misdemeanor.
12. His office to he kept, where; what expenses to be
audited and paid by the county.
13. Court may appoint a clerk, who shall take an
oath; tenure of office; his compensation, how
paid; order appointing clerk to be entered on
record.
14. Powers and duties of clerk.
15. Clerk to continue to perform duties, when; County
Court may appoint a clerk of Probate Court,
when; all acts of clerk to be approved by Pro-
bate Court.
16. Amount of bond given by administrator, limited;
may be increased, when.
Be it enacted by the General Assembly of the State of Missouri, as follows: —
SECTION 1.—The Probate Court, established for the county of St. Louis, shall be held
at the court-house, in said county, at such times as provided by this act; the same shall
be composed of one judge, who shall be styled the Judge of Probate of the county of St.
Louis. He shall be clected by the qualified electors of the county of St. Louis, and shall
hold his office for the term of six years, and until his successor is duly elected and quali-
fed, unless sooner removed from office. The election shall be certified, by the judges and
clerks of election, to the clerk of the County Court of the county of St. Louis; and in case
of a tie between two or more persons, the same shall be determined by the County Court.
The clerk of the County Court shall certify to the Governor the name of the person elected,
who shall thereupon commission him, as Judge of the Probate Court of the county of St.
(a) Vide, 16 Mo. Rep., 170; 17 Mo. Rep, 216.
*U 2-- VOL. II.
1600
COURT-PROBATE.
Louis, for the term for which he may have been elected. When a vacancy shall exist i
the office of Judge of Probate of the county of St. Louis, the County Court, or a majorit
of the Judges thereof in vacation, may order an election, to be advertised, and held no
more than sixty days thereafter, to elect a Judge to fill such vacancy, until the expiratio
of the term for which the Judge was formerly elected, and until his successor shall b
elected and qualified.
SEC. 2.-The Judge of Probate shall be at least thirty years of age, a citizen of th
United States, and shall have resided in the county of St. Louis five years, next previou
to his election. He shall, before entering upon the duties of his office, take the oath re
quired to be taken by the judges of the circuit courts, and may be removed from office i
the same manner, and for the same causes, as any circuit attorney.
SEC. 3. That all laws in force and applicable to the County Court of the county of St
Louis, or the clerk thereof, before the establishment of said Probate Court, for the exercis
of the jurisdiction vested in the Probate Court, shall be taken and considered as applicabl
to the said Probate Court, unless otherwise provided. All acts and parts of acts, not re
pugnant to, nor inconsistent with, the provisions of this act, so far as the same confer ju
risdiction, and regulate proceedings in matters entrusted to the Probate Court of the county
of St. Louis, shall apply to the jurisdiction and proceedings of said Probate Court.
SEC. 4.-An election of Judge of Probate shall be held on the first Tuesday after th
first Monday in November, in the year eighteen hundred and fifty-eight, and each subse
quent election shall be held on the same day, at the end of every period of six years there
after. Said election shall be held in the manner provided, by law, for the election of th
Judge of the Circuit Court of said county.
SEC. 5.-Said Probate Court shall procure and keep a scal, with such emblems and
devices as the Judge thereof shall think proper. It shall be a court of record, and shal
keep just and faithful records of its proceedings.
SEC. 6. —Said Court shall have exclusive original jurisdiction in all cases relative to
the probate of last wills and testaments; the granting letters testamentary and of adminis
tration, and repealing the same; appointing and displacing the guardians of orphans
minors, and persons of unsound mind; in binding out apprentices, and in the settlemen
and allowance of accounts of executors, administrators and guardians; to hear and deter
mine all disputes and controversies whatsoever respecting wills, the right of executorship
administration and guardianship, or respecting the duties or accounts of executors, admi
nistrators or guardians, and all controversies and disputes between masters and their ap
prentices; to hear and determine all suits and other proceedings instituted against executors
or administrators, upon any demand against the estate of their testator or intestate, wher
such demand shall not exceed one hundred dollars, and concurrent jurisdiction with the
circuit courts in all such cases, when the demand shall not (a) exceed that sum, subject to
appeal in all cases to the Circuit Court, in such manner as may be provided by law.
SEC. 7. The said Court shall have power to award process, and to cause to come be-
fore it all and every person whom it may deem it necessary to examine, whether parties o
witnesses, or who, as executors, administrators, guardians, or otherwise, shall be interested.
or in any wise accountable for any lands, tenements, goods or chattels, belonging to any
minor, orphan, or person of unsound mind, or the estate of any deceased person; and may
examine every person on oath or affirmation, touching any matter of controversy before it.
SEC. 8.-Said Court, and the Judge thereof, shall have power to issue all writs which
may be necessary in the exercise of its jurisdiction, according to the principles and usages
of law. Said Judge shall not sit on the determination of any cause or proceeding in
which he is interested, or related to either party, or shall have been of counsel; and suc
(u) The word "not" is employed here, evidently, by mistake.
COURT PROBATE.
16
ause or proceeding shall be certified, with the original papers, to the Circuit Court of the
county of St. Louis, which shall proceed thereon to final judgment and determination, as
he Probate Court might otherwise have done.
SEC. 9.-Said Court shall be held on the first Mondays of March, June, September and
December in each year; but it may alter the time of holding its stated terms, giving notice
thereof in such manner as the Judge shall deem expedient; and it may hold adjourned
terms.
SEC. 10.-Said Judge may, in vacation, do all things in relation to the granting [of]
etters testamentary and of administration, which may be done by the clerks of the several
county courts of this State.
SEC. 11. If said Judge shall, knowingly and willfully, do any act or thing contrary
to the duties of his office, as prescribed by law, or shall, knowingly and willfully, omit or
refuse to perform any act, thing, service or duty, required of him by the laws of this State,
he shall be deemed guilty of misdemeanor, and, on conviction thereof, shall be removed
from office.
SEC. 12.-Said Judge shall keep his office not more than two hundred yards from the
court-house in said county, and shall there keep the records, papers, seals and property
belonging to his office, and transact his official business, such as may be transacted in vaca-
tion. He shall be allowed all necessary expenses for office rent, suitable books, stationery,
furniture, and other necessaries for his office, to be audited by the County Court, and paid
by the county.
SEC. 13. - Said Court shall have power to appoint a clerk, who shall take an oath for
the faithful performance of his duties, and shall hold his office until revoked by the Judge
thereof. All the compensation of said clerk shall be paid by said Judge. The order of
appointment of such clerk, if made in term-time, shall be entered of record at the time;
if made in vacation, it shall be entered of record at the next succeeding term of the Court.
SEC. 14. Said clerk shall have power to perform all clerical and ministerial duties
which might be done or performed by said Judge of Probate; and he may appoint guard-
ians, grant letters of administration, and do all other acts, not judicial in their nature, that
said Probate Judge might [may] do; and he may take and certify the proof and acknow-
ledgment of all deeds and relinquishments of dower, in the same manner as the Judge of
said Probate Court may do; and may administer oaths and take affidavits.
SEC. 15.—In case of the death or resignation of the Judge of said Court, the clerk
shall continue to perform the duties designated in the next preceding section, until another
judge shall be elected and qualified; in such case, if there be no clerk, or if the clerk be
absent from the county and do not return within five days after such death or resignation,
the County Court may appoint a suitable person to be clerk of the Probate Court until a
Judge shall be elected and qualified, who shall have the same powers and perform the same
duties as if he had been appointed by the Judge of Probate, and whose acts, authorized
in this and the next preceding section, shall be subject to the approval of the Court in term-
time.
SEC. 16. The bond given by persons administering estates in said county shall be in
such amount as said Court or Judge shall deem needful for its safe and faithful administra-
tion, not less, however, than one and a half of the amount of the value of the estate, ex-
clusive of its real property; but said bond shall be increased, from time to time, as deemed
needful for the purposes aforesaid, and be ordered by said Court or Judge.
Approved December 12, 1855.
JOINT RESOLUTION OF THE GENERAL ASSEMBLY.
JOINT RESOLUTION, APPOINTING A COMMISSIONER TO SUPERINTEND THE PRINTING OF THE
REVISED STATUTES.
Resolved, by the General Assembly of the State of Missouri:-
THAT the Honorable CHARLES H. HARDIN be, and he is hereby, appointed Commissioner
to superintend and direct the publication of the Revised Statutes; and to do and perform
all other duties in relation thereto, provided by law.
Approved December 8, 1855.
LAWS OF THE UNITED STATES.
AUTHENTICATION OF RECORDS.
BSTRACT OF THE LAWS OF THE UNITED STATES, IN RELATION TO THE AUTHENTICATION OF
PUBLIC ACTS, RECORDS, AND JUDICIAL PROCEEDINGS. (a)
1. Authentication of acts of the Legislatures of the
several States. and of records and judicial pro-
ceedings of the courts of the several States;
what credit to be given records, &c., so authen-
ticated.
2. Authentication of records, &c., not appertaining to
a court; the credit to be given them.
Provisions of preceding sections made applicable
to public acts, records, &c., of the Territories and
countries subject to the United States.
3.
SECTION 1.—The acts of the Legislatures of the several States shall be authenticated by
having the seal of their respective States affixed thereto; the records and judicial proceed-
ngs of the courts of any State shall be proved or admitted in any other court within the
United States, by the attestation of the clerk, and the seal of the court annexed, if there be
a seal, together with the certificate of the judge, chief justice, or presiding magistrate, as
the case may be, that the said attestation is in due form; and the said records and judicial
proceedings, authenticated as aforesaid, shall have such faith and credit given to them, in
every court within the United States, as they have, by law or usage, in the courts of the
State from whence the said records are or shall be taken. (b)
SEC. 2. All records and exemplifications of office books, which are or may be kept
In any public office of any State, not appertaining to a court, shall be proved or admitted, in
any other court or office, in any other State, by the attestation of the keeper of the said
records or books, and the seal of his office thereto annexed, if there be a seal, together
with a certificate of the presiding justice of the court of the county or district, as the case
may be, in which such office is or may be kept, or of the Governor, the Secretary of State,
the Chancellor, or the keeper of the great seal of the State, that the said attestation is in
due form, and by the proper officer; and the said certificate, if given by the presiding jus-
tice of a court, shall be further authenticated by the clerk or prothonatory of the said court,
who shall certify under his hand and the seal of his office, that the said presiding justice
is duly commissioned and qualified; (c) or, if the said certificate be given by the Governor,
the Secretary of State, the Chancellor, or the keeper of the great seal, it shall be under
the great seal of the State in which the said certificate is made; and the said records and
(a) Fide, Article four, section one, Constitution of the United States, and title Evidence, sections forty-one,
forty-two and forty-three
(b) Act May 26, 1790; Story, 93; Gordon's Digest, 172: A judgment in rem, obtained in another State on at-
tachment, without notice, will not sustain an action in this State. Overstreet v. Shannon, 1 Mo. Rep.,
authenticating records, the certificate of a presiding judge of a court, that he himself is the pres ding judge, is
375. In
good evidence of the fact. Hutchison v. Patrick, 3 Mo. Rep., 65. The record of a judgment or decree, rendered
In a sister State, wi hout actual notice to the defendant, is not entitled to full faith, credit and effect, in this
State. Sallee v. Hays, 3 Mo. Rep., 84. A certificate by a judge of another State, in these words, "I certify that
the certificate of the clerk is in due form of law." is sufficieut. Blair e. Caldwell, 3 Mo. Rep., 353; Bobb v. Graham,
Mo. Rep., 222: Bright v. White, 8 Mo. Rep, 421: Chandler v. Garr, Ibid, 428: Wilson . Jackson, 10 Mo. Kep.,
329. A judgment of a 10 in court having jurisdiction of the person and subject matter is conclusive between
the parties in the courts of this State. Destrehan v. Scudder, 11 Mc. Rep., 484. Where a court of a sister State
is not so constituted as to bring it within the act of Congress. its proceedings may be authenticated in the com
mon-law mode. Duvall v. Ellis. 13 Mo. Rep., 203 Tide. Warren v. Lusk, 16 Mo. Rep., 102. To authenticate a
record of another State. the certificate of the judge must state that the attestation of the clerk is in due form.
Wilburn v. Hall, 16 Mo. Rep, 426. Fide, McClain e. Winchester, 17 Mo. Rep., 49; Rees v Butler, 18 Mo. Rep.,
173; Harness v. Green, 19 Mo. Rep., 495; McLean v. Boyle, Ibid, 495; Harbin v. Chiles, 20 Mo. Rep., 314; Harness
v. Green, Ibid, 316.
(c) Vide, Paca v. Dutton, 4 Mo. Rep., 371.
1604 FUGITIVES FROM JUSTICE AND FROM LABOR.
exemplifications, authenticated as aforesaid, shall have such faith and credit given to then
în every court and office within the United States, as they have, by law or usage, in th
courts or offices of the State from whence the same are or may be taken. (a)
SEC. 3 All the provisions of the two preceding sections shall apply as well to th
public acts, records, office books, judicial proceedings, courts and offices, of the respectiv
Territories of the United States, and countries subject to the jurisdiction of the United States
as to the public acts, records, office books, judicial proceedings, courts and officers, of th
several States. (b)
FUGITIVES FROM JUSTICE AND FROM LABOR.
AN ACT RESPECTING FUGITIVES FROM JUSTICE, AND PERSONS ESCAPING FROM THE SERVICE
OF THEIR MASTERS.
31. Fugitives from justice, how to be apprehended and
secured; copy of indictment to be produced;
notice of the arrest to be given to the executive
authority making the demand; fugitive to be
delivered to the agent of the executive, or, if no
agent be appointed within six months, to be dis-
charged; expenses of apprehending.
2
2. Agent to transport the fugitive; penalty on per
sons rescuing fugitive.
3. Proceedings to be had on escape of persons held
to labor; may be arrested on proof, as required
at place from whence he fled.
4. Penalty on obstructing claimant of fugitive from
labor.
Be it enacted by the Senate and House of Representatives of the United States of America, in
Congress assembled:
SECTION 1.-That whenever the executive authority of any State in the Union, or either
of the Territories north, west or south, of the river Ohio, shall demand any person as a
fugitive from justice, of the executive authority of any such State or Territory to which
such person shall have fled, and shall, moreover, produce the copy of an indictment found
or an affidavit made, before a magistrate of any State or Territory, as aforesaid, charg
ing the person so demanded with having committed treason, felony, or other crime, certi
fied as authentic by the Governor or Chief Magistrate of the State or Territory from
whence the person so charged fled, it shall be the duty of the executive authority of the
State or Territory to which such person shall have fled to cause him or her to be arrested
and secured, and notice of the arrest to be given to the executive authority making such
demand, or to the agent of such authority appointed to receive the fugitive, and to cause
the fugitive to be delivered to such agent, when he shall appear; but if no such agent shall
appear within six months from the time of the arrest, the prisoner may be discharged. And
all cost or expenses incurred in the apprehending, securing and transmitting, such fugitive
to the State or Territory making such demand, shall be paid by such State or Territory.
SEC. 2. - And be it further enacted, That any agent, appointed as aforesaid, who shall
receive the fugitive into his custody, shall be empowered to transport him or her to the
State or Territory from which he or she shall have fled. And if any person or person shall,
by force, set at liberty or rescue the fugitive from such agent, while transporting as afore-
said, the person or persons so offending shall, on conviction, be fined not exceeding five
hundred dollars, and be imprisoned not exceeding one year.
SEC. 3. And be it, also, enacted, That when a person is held to labor in any of the United
States, or either of the Territories on the north, west or south, of the river Ohio, under the
laws thereof, shall escape into any other of the said States or Territories, the person to
(a) Act March 27, 1804; Story, 947; Gordon's Digest, 173.
(b) Act March 27, 1804; Stor3, 948; Gordon's Digest, 173.
FUGITIVES FROM LABOR.
1605
hom such labor or service may be due, his agent or attorney, is hereby empowered to
ize or arrest such fugitive from labor, and to take him or her before any Judge of the
rcuit or District Courts of the United States, residing or being within the State, or before
y magistrate of a county, city or town corporate, wherein such seizure or arrest shall be
ade; and, upon proof to the satisfaction of such Judge or magistrate, either by oral testi-
ony or affidavit taken before and certified by a magistrate of any such State or Territory,
at the person so seized or arrested doth, under the laws of the State or Territory from
hich he or she fled, owe service or labor to the person claiming him or her, it shall be the
ty of such judge or magistrate to give a certificate thereof to such claimant, his agent or
torney, which shall be suficient warrant for removing the said fugitive from labor to the
tate or Territory from which he or she fled.
SEC. 4. And be it further enacted, That any person who shall, knowingly and willingly,
struct or hinder such claimant, his agent or attorney, in so seizing or arresting such
gitive from labor, or shall rescue such fugitive from such claimant, his agent or attorney,
hen so arrested, pursuant to the authority herein given or declared, or shall harbor or
onceal such person after notice that he or she was a fugitive from labor, as aforesaid, shall,
or either of the said offences, forfeit and pay the sum of five hundred dollars; which
enalty may be recovered by, and for the benefit of, such claimant, by action of debt, in any
ourt proper to try the same, saving, moreover, to the person claiming such labor or ser-
ice, his right of action for or on account of the said injuries, or either of them.
Approved February 12, 1793.
FUGITIVES FROM LABOR.
"AN ACT
RESPECTING
IN ACT TO AMEND, AND SUPPLEMENTARY TO, THE ACT ENTITLED
FUGITIVES FROM JUSTICE, AND PERSONS ESCAPING FROM THE SERVICE OF THEIR MAS-
TERS," APPROVED FEBRUARY TWELFTH, ONE THOUSAND SEVEN HUNDRED AND NINETY-
THREE.
1. Commissioners to execute the powers and duties ? 6. Fugitives from service may be reclaimed for the
of this act.
2. To be appointed by the superior court of each Ter-
ritory; powers and duties of.
3. Courts authorized to enlarge the number of com-
missioners.
4. Jurisdiction of commissioners concurrent with
that of judges, and shall graut certificates to
take fugitives from service.
5. Duty of marshals and deputies: penalty for re-
fusing to execute the same; liable for value of
fugitive escaping after his arrest; commissioners
authorized to appoint persons to execute war-
rants issued by them; citizens to render aid;
warrants executed, where and by whom.
owner or authorized agent, by warrant of court,
&c.. for apprehension; duties of, in cases of trial;
testimony of fugitive not admitted.
7. Any person knowingly hindering the arrest of a
fugitive, or attempting to rescue one from cus-
tody, &c.. shall be fined and imprisoned; penal-
ties; additional damages.
8.
Fees for services of marshals, deputies. &c.
9. When claimant or his agent apprehends a rescue,
the officer making the arrest is to remove the
fugitive to the State from whence he fled; if
necessary, to employ aid; compensation of officer.
10. Evidence necessary to obtain arrest and delivery
of fugitives; proviso.
Be it enacted by the Senate and House of Representatives of the United States of America, in
Congress assembled:—
SECTION 1. That the persons who have been, or may hereafter be, appointed commis-
sioners, in virtue of any act of Congress, by the Circuit Courts of the United States, and
who, in consequence of such appointment, are authorized to exercise the powers that any
ustice of the peace, or other magistrate, of any of the United States, may exercise in re-
spect to offenders for any crime or offence against the United States, by arresting, impri-
$
1606
FUGITIVES FROM LABOR.
soning or bailing, the same, under and by virtue of the thirty-third section of the act
the twenty-fourth of September, seventeen hundred and eighty-nine, entitled "An act
establish the judicial courts of the United States," shall be, and are hereby, authorized an
required to exercise and discharge all the powers and duties conferred by this act.
SEC. 2. And be it further enacted, That the Superior Court of each organized Terr
tory of the United States shall have the same power to appoint commissioners to take a
knowledgments of bail and affidavits, and to take depositions of witnesses in civil cause
which is now possessed by the Circuit Court of the United States; and all commissioner
who shall hereafter be appointed for such purposes by the Superior Court of any organize
Territory of the United States, shall possess all the powers, and exercise all the duties
conferred, by law, upon the commissioners appointed by the Circuit Courts of the Unite
States for similar purposes, and shall moreover exercise and discharge all the powers an
duties conferred by this act.
SEC. 3.-And be it further enacted, That the Circuit Courts of the United States, an
the Superior Courts of each organized Territory of the United States, shall, from time t
time, enlarge the number of commissioners, with a view to afford reasonable facilities t
reclaim fugitives from labor, and to the prompt discharge of the duties imposed by this act
SEC. 4. And be it further enacted, That the commissioners above named shall hav
concurrent jurisdiction with the Judges of the Circuit and District Courts of the Unite
States, in their respective circuits and districts within the several States, and the Judges
the Superior Courts of the Territories, severally and collectively, in term-time and vaca
tion; and shall grant certificates to such claimants, upon satisfactory proof being made
with authority to take and remove such fugitives from service or labor, under the restric
tions herein contained, to the State or Territory from which such persons may have escape
or fied.
SEC. 5. And be it further enacted, That it shall be the duty of all marshals and de
puty-marshals to obey and exccute all warrants and precepts issued under the provision
of this act, when to them directed; and should any marshal, or deputy-marshal, refuse to
receive such warrant or other process, when tendered, or to use all proper means diligently
to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand
dollars, to the use of such claimant, on the motion of such claimant, by the Circuit or Dis
trict Court for the district of such marshal; and after arrest of such fugitive, by such
marshal or his deputy, or whilst at any time in his custody under the provisions of this
act, should such fugitive escape, whether with or without the assent of such marshal or hi
deputy, such marshal shall be liable, on his official bond, to be prosecuted for the benefit o
such claimant, for the full value of the service or labor of said fugitive in the State, Ter
ritory or district, whence he escaped; and the better to enable the said commissioners,
when thus appointed, to execute their duties faithfully and efficiently, in conformity with
the requirements of the Constitution of the United States and of this act, they are hereby
authorized and empowered, within their counties, respectively, to appoint, in writing, under
their hands, any one or more suitable persons, from time to time, to execute all such war
rants and other process as may be issued by them in the lawful performance of their re-
spective duties; with authority to such commissioners, or the persons to be appointed by
them, to execute process as aforesaid, to summon and call to their aid the bystanders, or
posse comitatus of the proper county, when necessary to ensure a faithful observance of the
clause of the Constitution referred to, in conformity with the provisions of this act; and
all good citizens are hereby commanded to aid and assist in the prompt and efficient execu-
tion of this law, whenever their services may be required, as aforesaid, for that purpose;
and said warrants shall run, and be executed by said officers, any where in the State within
which they are issued.
SEc. 6. — And be it further enacted, That when a person held to service or labor in any
FUGITIVES FROM LABOR.
1607
State or Territory of the United States, has heretofore or shall hereafter escape into an-
other State or Territory of the United States, the person or persons to whom such service
or labor may be due, or his, her, or their agent or attorney, duly authorized, by power of
attorney, in writing, acknowledged and certified under the seal of some legal officer or
court of the State or Territory in which the same may be executed, may pursue and reclaim
such fugitive person, either by procuring a warrant from some one of the courts, judges or
commissioners, aforesaid, of the proper circuit, district or county, for the apprehension of
such fugitive from service or labor, or by seizing and arresting such fugitive, where the
same can be done without process, and by taking, or causing such person to be taken forth-
with before such court, judge or commissioner, whose duty it shall be to hear and deter-
mine the case of such claimant in a summary manner; and-upon satisfactory proof being
made, by deposition or affidavit, in writing, to be taken and certified by such court, judge
or commissioner, or by other satisfactory testimony, duly taken and certified by some court,
magistrate, justice of the peace, or other legal officer authorized to administer an oath and
take depositions under the laws of the State or Territory from which such person owing
service or labor may have escaped, with a certificate of such magistracy or other authority,
as aforesaid, with the seal of the proper court or officer thereto attached, which seal shall
be sufficient to establish the competency of the proof, and with proof, also, by affidavit, of
the identity of the person whose service or labor is claimed to be due as aforesaid, that the
person so arrested does in fact owe service or labor to the person or persons claiming him
or her, in the State or Territory from which such fugitive may have escaped as aforesaid,
and that said person escaped-to make out and deliver to such claimant, his or her agent
or attorney, a certificate setting forth the substantial facts as to the service or labor due
from such fugitive to the claimant, and of his or her escape from the State or Territory in
which such service or labor was due, to the State or Territory in which he or she was ar-
rested, with authority to such claimant, or his or her agent or attorney, to use such rea-
sonable force and restraint as may be necessary, under the circumstances of the case, to
take and remove such fugitive person back to the State or Territory whence he or she may
have escaped as aforesaid. In no trial or hearing under this act shall the testimony of
such alleged fugitive be admitted in evidence; and the certificates in this and the first
[fourth] sections mentioned shall be conclusive of the right of the person or persons in
whose favor granted, to remove such fugitive to the State or Territory from which he
escaped, and shall prevent all molestation of such person or persons by any process issued
by any court, judge, magistrate or other person whomsoever.
SEC. 7. — And be it further enacted, That any person who shall, knowingly and willingly,
obstruct, hinder or prevent, such claimant, his agent or attorney, or any person or persons
lawfully assisting him, her or them, from arresting such fugitive from service or labor,
either with or without process as aforesaid; or shall rescue, or attempt to rescue, such
fugitive from service or labor, from the custody of such claimant, his or her agent or at-
torney, or other person or persons lawfully assisting as aforesaid, when so arrested, pursu-
ant to the authority herein given and declared; or shall aid, abet or assist, such person so
owing service or labor as aforesaid, directly or indirectly, to escape from such claimant,
his agent or attorney, or other person or persons legally authorized as aforesaid; or shall
harbor or conceal such fugitive, so as to prevent the discovery and arrest of such person,
after notice or knowledge of the fact that such person was a fugitive from service or labor
as aforesaid, shall, for either of said offences, be subject to a fine not exceeding one thou-
sand dollars, and imprisonment not exceeding six months, by indictment and conviction
before the District Court of the United States for the district in which such offence may
have been committed, or before the proper court of criminal jurisdiction, if committed
within any one of the organized Territories of the United States; and shall moreover for-
feit and pay, by way of civil damages, to the party injured by such illegal conduct, the sum
*V VOL. II.
1608
FUGITIVES FROM LABOR.
of one thousand dollars for each fugitive so lost as aforesaid, to be recovered by action
debt, in any of the district or territorial courts aforesaid, within whose jurisdiction t
said offence may have been committed.
SEC. 8. And be it further enacted, That the marshals, their deputies, and the clerks
the said district and territorial courts, shall be paid, for their services, the like fees &
may be allowed to them for similar services in other cases; and where such services a
rendered exclusively in the arrest, custody and delivery of the fugitive to the claimant, h
or her agent or attorney, or where such supposed fugitive may be discharged out of custod
for the want of sufficient proof as aforesaid, then such fees are to be paid in the whole b
such claimant, his agent or attorney; and in all cases where the proceedings are before
commissioner, he shall be entitled to a fee of ten dollars in full for his services in eac
case, upon the delivery of the said certificate to the claimant, his or her agent or attorney
or a fee of five dollars in cases where the proof shall not, in the opinion of such commis
sioner, warrant such certificate and delivery, inclusive of all services incident to such arres
and examination, to be paid, in either case, by the claimant, his or her agent or attorney
The person or persons authorized to execute the process to be issued by such commissioner
for the arrest and detention of fugitives from service or labor as aforesaid, shall, also, b
entitled to a fee of five dollars each, for each person he or they may arrest and take befor
any such commissioner as aforesaid, at the instance and request of such claimant, with
such other fees as may be deemed reasonable by such commissioner for such other additiona
services as may be necessarily performed by him or them; such as attending at the ex
amination, keeping the fugitive in custody, and providing him with food and lodging during
his detention, and until the final determination of such commissioner; and, in general, for
performing such other duties as may be required by such claimant, his or her attorney of
agent, or commissioner in the premises, such fees to be made up in conformity with the
fees usually charged by the officers of the courts of justice within the proper district or
county, as near as may be practicable, and paid by such claimants, their agents or attor
neys, whether such supposed fugitives from service or labor be ordered to be delivered to
such claimants, by the final determination of such commissioners, or not.
SEC. 9. And be it further enacted, That, upon affidavit made by the claimant of such
fugitive, his agent or attorney, after such certificate has been issued, that he has reason to
apprehend that such fugitive will be rescued by force from his or their possession before he
can be taken beyond the limits of the State in which the arrest is made, it shall be the duty
of the officer making the arrest to retain such fugitive in his custody, and to remove him
to the State whence he fled, and there to deliver him to said claimant, his agent or attorney.
And to this end, the officer aforesaid is hereby authorized and required to employ so many
persons as he may deem necessary to overcome such force, and to retain them in his service
so long as circumstances may require. The said officer and his assistants, while so em-
ployed, to receive the same compensation, and to be allowed the same expenses, as are now
allowed, by law, for transportation of criminals, to be certified by the judge of the district
within which the arrest is made, and paid out of the treasury of the United States.
SEC. 10. And be it further enacted, That when any person held to service or labor in
any State or Territory, or in the District of Columbia, shall escape therefrom, the party
to whom such service or labor shall be due, his, her or their agent or attorney, may apply
to any court of record therein, or judge thereof in vacation, and make satisfactory proof
to such court, or judge in vacation, of the escape aforesaid, and that the person escaping
owed service or labor to such party. Whereupon the court shall cause a record to be made
of the matters so proved, and, also, a general description of the person so escaping, with
such convenient certainty as may be; and a transcript of such record, authenticated by
the attestation of the clerk and of the seal of the said court, being produced in any other
State, Territory or District, in which the person so escaping may be found, and being ex-
NATURALIZATION.
1609
ibited to any judge, commissioner, or other officer authorized by the laws of the United
States to cause persons escaping from service or labor to be delivered up, shall be held and
aken to be full and conclusive evidence of the fact of escape, and that the service or labor
f the person escaping is due to the party in such record mentioned. And, upon the pro-
luction by the said party of other and further evidence, if necessary, either oral or by
affidavit, in addition to what is contained in the said record of the identity of the person
escaping, he or she shall be delivered up to the claimant. And the said court, commis-
ioner, judge, or other person authorized by this act to grant certificates to claimants of
fugitives, shall, upon the production of the record and other evidences aforesaid, grant to
such claimant a certificate of his right to take any such person identified and proved to be
owing service or labor as aforesaid, which certificate shall authorize such claimant to seize
or arrest and transport such person to the State or Territory from which he escaped:
Provided, That nothing herein contained shall be construed as requiring the production of
a transcript of such record as evidence as aforesaid. But in its absence the claim shall be
heard and determined upon other satisfactory proofs, competent in law. (a)
Approved September 18, 1850.
NATURALIZATION.
AN ACT TO ESTABLISH A UNIFORM RULE OF NATURALIZATION, AND TO REPEAL THE ACTS
HERETOFORE PASSED ON THAT SUBJECT.
31. An alien may become a citizen of the United
States on certain conditions. On what condi-
tious an alien may be naturalized, who resided
in the United States after the 20th January,
1795. Proceedings to be recorded by the clerk
of the court. Provisions in favor of persons re-
siding in the United States, when.
2. Mode of naturalization prescribed.
3. What courts are to be considered as capable of
naturalizing aliens.
4. Children of persons naturalized under certain
laws to be citizens of the United States. Privi-
lege of citizenship not to extend to children of
persons who have never resided in the United
States, or to persons proscribed.
5. Repeal of former acts.
Be it enacted by the Senate and House of Representatives of the United States of America, in
Congress assembled:
SECTION 1.—That an alien, being a free white person, may be admitted to become a
citizen of the United States, or any of them, on the following conditions, and not other-
wise:
(a) On a question of slavery or freedom, the same rules of evidence prevail as in other cases concerning the
right to property. Baldwin's C. C. R., 577. The constitutionality of the act of Congress relating to fugitives
from labor has been affirmed by the adjudications of the State tribunals, and by those of the courts of the
United States. If the question of the constitutionality of the law were one of doubtful construction, such long
acquiescence in it, and such extensive and uniform recognitions, would, in the judgment of the court, entitle
the question to be considered at rest. Congress, the executive and the judiciary, have upon various occasions
acted upon this as a sound and reasonable doctrine. (Stuart v. Laird, 1 Cranch, 299; Martin v. Hunter, 1 Wheat.,
204; Cohens v. the Commonwealth of Virginia, 6 Wheat.. 264.) Prigg . Commonwealth of Pennsylvania, 16
Peters, 539 The right to seize and retake fugitive slaves, and the duty to deliver them up, in whatever State of
the Union they may be found, is, under the Constitution, recognized as an absolute, positive right and duty,
pervading the whole Union with an equal and supreme force, uncontrolled and uncontrollable by State sove-
reignty or State legislation. Ibid. The act of the Legislature of Pennsylvania, upon which the indictment
against Edward Prigg, for carrying away a fugitive slave, is founded, is unconstitutional and void. It purports to
punish, as a public offence against the State, the very act of seizing and removing a slave by bis master, which
the Constitution of the United States was designed to justify and uphold. Ibid. The power of legislation in re-
lation to fugitives from labor rests exclusively in Congress, and the laws of this State prescribing the mode of
arresting such fugitives escaping from other States, are unconstitutional. Graves v. The State, 1 Carter's Ind.
Rep., 368. The Constitution, and Act of 1793 in regard to the surrender of a fugitive from labor, are binding on
the State of Indiana and its citizens, the same as on the other States. Vaughan v. Williams, 3 McClean's Rep.,
530. The laws of Missouri, sanctioning slavery, must be respected, and rights under them enforced. when a
citizen of that State claims a fugitive. Ibid. An individual is liable to the penalty for a rescue if he be present
and encourage it. Ibid.
1610
NATURALIZATION.
First, That he shall have declared, on oath or affirmation, before the Supreme, Superio
District or Circuit, Court of some one of the States, or of the territorial districts of t
United States, or a Circuit or District Court of the United States, three years at least b
fore his admission, that it was bonâ fide his intention to become a citizen of the Unit
States, and to renounce, forever, all allegiance and fidelity to any foreign prince, potentat
state or sovereignty, whatever, and particularly, (by name,) the prince, potentate, state
sovereignty, whereof such alien may, at the time, be a citizen or subject.
Secondly, That he shall, at the time of his application to be admitted, declare, on oat
or affirmation, before some one of the courts aforesaid, that he will support the Constitu
tion of the United States, and that he doth absolutely and entirely renounce and abjure a
allegiance and fidelity to every foreign prince, potentate, state or sovereignty, whateve
and particularly, (by name,) the prince, potentate, state or sovereignty, whereof he wa
before a citizen or subject; which proceedings shall be recorded by the clerk of the cour
Thirdly, That the court admitting such alien shall be satisfied that he has resided withi
the United States five years at least, and within the State or Territory where such court:
at the time held, one year at least; and it shall further appear to their satisfaction, tha
during that time he has behaved as a man of a good moral character, attached to the prin
ciples of the Constitution of the United States, and well disposed to the good order an
happiness of the same: Provided, That the oath of the applicant shall in no case b
allowed to prove his residence.
Fourthly, That in case the alien applying to be admitted to citizenship shall have born
any hereditary title, or been of any of the orders of nobility in the kingdom or state fron
which he came, he shall, in addition to the above requisites, make an express renunciation
of his title or order of nobility, in the court to which his application shall be made, which
renunciation shall be recorded in the said court: Provided, That no alien who shall be
native citizen, denizen or subject, of any country, state or sovereign, with which the Unite
States shall be at war at the time of his application, shall be then admitted to be a citizen
of the United States: Provided, also, That any alien who was residing within the limit
and under the jurisdiction of the United States, before the twenty-ninth day of January
one thousand seven hundred and ninety-five, may be admitted to become a citizen, on du
proof made to some one of the courts aforesaid, that he has resided two years, at least
within and under the jurisdiction of the United States, and one year, at least, immediately
preceding his application, within the State or Territory where such court is at the tim
held; and on his declaring, on oath or affirmation, that he will support the Constitution o
the United States, and that he doth absolutely and entirely renounce and abjure all allegi-
ance and fidelity to any foreign prince, potentate, state or sovereignty, whatever, and par
ticularly, (by name,) the prince, potentate, state or sovereignty, whereof he was before a
citizen or subject; and, moreover, on its appearing to the satisfaction of the court, tha
during the said term of two years he has behaved as a man of good moral character, at-
tached to the Constitution of the United States, and well disposed to the good order and
happiness of the same; and where the alien applying for admission to citizenship shall
have borne any hereditary title, or been of any of the orders of nobility, in the kingdom
or state from which he came, on his moreover making in the court an express renuncia-
tion of his title or order of nobility, before he shall be entitled to such admission: all of
which proceedings, required in this proviso to be performed in the court, shall be recorded
by the clerk thereof: and, Provided, also, That any alien who was residing within the limits
and under the jurisdiction of the United States at any time between the said twenty-ninth
day of January, one thousand seven hundred and ninety five, and the eighteenth day of
June, one thousand seven hundred and ninety-eight, may, within two years after the pass-
ing of this act, be admitted to become a citizen, without a compliance with the first condi-
tion above specified.
NATURALIZATION.
1611
SEC. 2.-[Provided, also, and be it further enacted, That, in addition to the directions
foresaid, all free white persons, being aliens, who may arrive in the United States after
he passing of this act, shall, in order to become citizens of the United States, make
egistry and obtain certificates in the following manner, to wit: "Every person desirous of
eing naturalized shall, if of the age of twenty-one years, make report of himself; or, if
nder the age of twenty-one years, or held in service, shall be reported by his parent,
uardian, master or mistress, to the clerk of the district court of the district where such
lien or aliens shall arrive, or to some other court of record of the United States, or of
ither of the territorial districts of the same, or of a particular State; and such report
hall ascertain the name, birth-place, age, nation and allegiance of each alien, together
with the country whence he or she migrated, and the place of his or her intended settle-
ment; and it shall be the duty of such clerk, on receiving such report, to record the same
n his office, and to grant to the person making such report, and to each individual con-
cerned therein, whenever he shall be required, a certificate, under his hand and seal of
office, of such report and registry; and, for receiving and registering each report of an
individual or family, he shall receive fifty cents; and for each certificate granted pursuant
to this act, to an individual or family, fifty cents; and such certificate shall be exhibited to
the court by every alien who may arrive in the United States after the passing of this act,
on his application to be naturalized, as evidence of the time of his arrival within the
United States."] (a)
SEC. 3. — And, whereas, Doubts have arisen whether certain courts of record in some of
the States are included within the description of district or circuit courts: Be it further
enacted, That every court of record in any individual State, having common-law jurisdic-
tion, and a seal, and clerk or prothonotary, shall be considered as a district court within
the meaning of this act; and every alien who may have been naturalized in any such
court shall enjoy, from and after the passing of this act, the same rights and privileges as
if he had been naturalized in a District or Circuit Court of the United States.
SEC. 4. And be it further enacted, That the children of persons duly naturalized under
any of the laws of the United States, or who, previous to the passing of any law on that
subject, by the Government of the United States, may have become citizens of any one of
the said States, under the laws thereof, being under the age of twenty-one years at the
time of their parents being so naturalized or admitted to the rights of citizenship, shall, if
dwelling in the United States, be considered as citizens of the United States; and the
children of persons who now are, or have been, citizens of the United States, shall, though
born out of the limits and jurisdiction of the United States, be considered as citizens of
the United States: Provided, That the right of citizenship shall not descend to persons
whose fathers have never resided within the United States: Provided, also, That no person
heretofore proscribed by any State, or who has been legally convicted of having joined the
army of Great Britain, during the late war, shall be admitted a citizen, as aforesaid, with-
out the consent of the Legislature of the State in which such person was proscribed.
SEC. 5.—And be it further enacted, That all acts heretofore passed, respecting natu-
ralization, be, and the same are hereby, repealed.
Approved April 14, 1802.
(a) This section has been repealed. See, "An act to amend the acts concerning naturalization," approved
May 24, 1825.
1612
NATURALIZATION.
AN ACT IN ADDITION TO AN ACT ENTITLED, "AN ACT TO ESTABLISH A UNIFORM RULE OF NA
TURALIZATION, AND TO REPEAL THE ACTS HERETOFORE PASSED ON THAT SUBJECT.
21. Certain aliens permitted to become citizens of the | 2. After an alien shall have complied with certai
United States, who resided in the United States
between the 18th June, 1798, and April 14, 1802.
directions, his widow and children made cit
zens of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America, in
Congress assembled:
SECTION. 1. That any alien, being a free white person, who was residing within the
limits and under the jurisdiction of the United States, at any time between the eighteenth
day of June, one thousand seven hundred and ninety-eight, and the fourteenth day of
April, one thousand eight hundred and two, and who has continued to reside within the
same, may be admitted to become a citizen of the United States, without a compliance with
the first condition specified in the first section of the act entitled, "An act to establish a
uniform rule of naturalization, and to repeal the acts heretofore passed on that subject."
SEC. 2. And be it further enacted, That when any alien who shall have complied with
the first condition specified in the first section of the said original act, and who shall have
pursued the directions prescribed in the second section of the said act, may die before he
is actually naturalized, the widow and children of such alien shall be considered as citizens
of the United States, and shall be entitled to all rights and privileges, as such, upon taking
the oaths prescribed by law.
Approved March 26, 1804.
AN ACT FOR THE REGULATION OF SEAMEN ON BOARD THE PUBLIC AND PRIVATE VESSELS OF THE
UNITED STATES.
2 12. Residence of five years in the United States necessary to qualify a person to become a citizen.
SECTION. 12. And be it further enacted, That no person who shall arrive in the United
States, from and after the time when this act shall take effect, shall be admitted to become
a citizen of the United States, who shall not, for the continued term of five years, next
preceding his admission, as aforesaid, have resided within the United States, [without
being at any time during the said five years out of the territory of the United States.] (a)
Approved March 3, 1813.
AN ACT TO AMEND THE ACT ENTITLED, "AN ACT FOR THE REGULATION OF SEAMEN ON
BOARD THE PUBLIC AND PRIVATE VESSELS OF THE UNITED STATES," PASSED THE THIRD
OF MARCH, EIGHTEEN HUNDRED AND THIRTEEN.
? 1. Repeal of clause requiring a continued residence of five years in the United States previous to naturalization.
Be it enacted by the Senate and House of Representatives of the United States of America, in
Corgress assembled:
SECTION 1. That the last clause of the twelfth section of the act hereby amended,
consisting of the following words, to wit: "Without being at any time during the said five
years out of the territory of the United States," be, and the same is hereby, repealed.
Approved June 26, 1848.
(a) The clause contained in brackets is repealed by the act next succeeding.
NATURALIZATION.
1613
N ACT SUPPLEMENTARY TO
HERETOFORE
PASSED ON THE
SUBJECT OF A
TO THE ACTS
UNIFORM RULE OF NATURALIZATION.
1. Persons authorized to become citizens who were resident in the United States on the eighteenth day of
June, eighteen hundred and twelve, and who had made a declaration of intention to become
citizens of the United States. Proviso.
e it enacted by the Senate and House of Representatives of the United States of America, in
Congress assembled:
SECTION 1. That persons resident within the United States, or the Territories thereof,
n the eighteenth day of June, in the year one thousand eight hundred and twelve, who
ad before that day made a declaration, according to law, of their intentions to become
itizens of the United States, or who, by the existing laws of the United States, were on
hat day entitled to become citizens, without making such declaration, may be admitted to
ecome citizens thereof, notwithstanding they shall be alien enemies, at the times and in
he manner prescribed by the laws heretofore passed on that subject: Provided, That
othing herein contained shall be taken or construed to interfere with or prevent the ap-
rehension and removal, agreeably to law, of any alien enemy, at any time previous to the
ctual naturalization of such alien.
Approved July 30, 1813.
AN ACT RELATIVE TO EVIDENCE IN CASES OF NATURALIZATION.
1. Evidence to be exhibited by aliens to become | 2. Rights of certain persons.
2. Rights of certain persons. Residence of applicant
citizens of the United States.
to be naturalized. Certificate of naturalization.
| 2
Be it enacted by the Senate and House of Representatives of the United States of America, in
Congress assembled:
SECTION 1. [That the certificate of report and registry, required as evidence of the
ime of arrival in the United States, according to the second section of the act of the
ourteenth of April, one thousand eight hundred and two, entitled, "An act to establish a
niform rule of naturalization, and to repeal the act heretofore passed on this subject;"
and, also, a certificate from the proper clerk or prothonotary, of the declaration of inten-
tion, made before a court of record, and required as the first condition, according to the
irst section of said act, shall be exhibited by every alien on his application to be admitted
citizen of the United States, in pursuance of said act, who shall have arrived within the
imits and under the jurisdiction of the United States, since the eighteenth day of
June, one thousand eight hundred and twelve, and shall each be recited, at full length, in
the record of the court admitting such alien; otherwise he shall not be deemed to have
complied with the conditions requisite for becoming a citizen of the United States; and any
pretended admission of an alien, who shall have arrived within the limits and under the
urisdiction of the United States, since the said eighteenth day of June, one thousand eight
hundred and twelve, to be a citizen after the promulgation of this act, without such recital
of each certificate at full length, shall be of no validity or effect under the act aforesaid.] (a)
SEC. 2.- Provided, and be it enacted, That nothing herein contained shall be construed
to exclude from admission to citizenship, any free white person who was residing within
the limits and under the jurisdiction of the United States, at any time between the
eighteenth day of June, one thousand seven hundred and ninety-eight, and the four-
teenth day of April, one thousand eight hundred and two, and who, having continued
to reside therein without having made any declaration of intention before a court of
(a) This section is repealed by "An act to amend the acts concerning naturalization, approved May twenty-
four, eighteen hundred and twenty-eight."
1614
NATURALIZATION.
record, as aforesaid, may be entitled to become a citizen of the United States, according
to the act of the twenty-sixth of March, one thousand eight hundred and four, entitled
"An act in addition to an act entitled, 'An act to establish a uniform rule of naturaliza
tion, and to repeal the act heretofore passed on that subject."" Whenever any person
without a certificate of such declaration of intention, as aforesaid, shall make application t
be admitted a citizen of the United States, it shall be proved, to the satisfaction of the court
that the applicant was residing within the limits and under the jurisdiction of the United
States, before the fourteenth day of April, one thousand eight hundred and two, and has
continued to reside within the same, or he shall not be so admitted. And the residence of the
applicant within the limits and under the jurisdiction of the United States, for at least five
years immediately preceding the time of such application, shall be proved by the oath o
affirmation of citizens of the United States; which citizens shall be named in the record
as witnesses; and such continued residence within the limits and under the jurisdiction
of the United States, when satisfactorily proved, and the place or places where the appli
cant has resided for at least five years, as aforesaid, shall be stated and set forth, together
with the names of such citizens, in the record of the court admitting the applicant; other
wise the same shall not entitle him to be considered and deemed a citizen of the United
States.
Approved March 22, 1816.
AN ACT IN FURTHER ADDITION TO "AN ACT TO ESTABLISH A UNIFORM RULE OF NATU-
RALIZATION, AND TO REPEAL THE ACTS HERETOFORE PASSED ON THAT SUBJECT.
1. Conditions on which an alien, being a free white? 3. Declaration required by the first condition of the
person and a minor, may become a citizen of the
United States; proviso.
2. No certificate of naturalization, heretofore ob-
tained from any court, to be deemed invalid.
first section of the former act, to be valid on
certain conditions.
4. A declaration of intention made two years before
his admission shall be sufficient.
Be it enacted by the Senate and House of Representatives of the United States of America,
in Congress assembled:
SECTION 1. That any alien, being a free white person and a minor, under the age of
twenty-one years, who shall have resided in the United States three years next preceding
his arriving at the age of twenty-one years, and who shall have continued to reside therein
to the time he may make application to be admitted a citizen thereof, may, after he arrives
at the age of twenty-one years, and after he shall have resided five years within the United
States, including the three years of his minority, be admitted a citizen of the United
States, without having made the declaration, required in the first condition of the first sec-
tion of the act to which this is an addition, three years previous to his admission: Provided,
Such alien shall make the declaration required therein at the time of his or her admission;
and shall further declare, on oath, and prove to the satisfaction of the court, that, for three
years next preceding, it has been the bonâ fide intention of such alien to become a citizen
of the United States; and shall, in all other respects, comply with the laws in regard to
naturalization.
SEC. 2. — And be it further enacted, That no certificates of citizenship or naturaliza-
tion, heretofore obtained from any court of record within the United States, shall be
deemed invalid, in consequence of an omission to comply with the requisition of the first
section of the act entitled, "An act relative to evidence in cases of naturalization," passed
the twenty-second day of March, one thousand eight hundred and sixteen.
SEC. 3.- And be it further enacted, That the declaration required by the first condition
specified in the first section of the act to which this is in addition, shall, if the same has
NATURALIZATION.
1615
een bonâ fide made before the clerks of either of the courts in the said condition named,
be as valid as if it had been made before the said courts, respectively.
SEC. 4. And be it further enacted, That a declaration by any alien, being a free white
person, of his intended application to be admitted a citizen of the United States, made in
the manner and form prescribed in the first condition specified in the first section of the
act to which this is in addition, two years before his admission, shall be a sufficient compli-
nce with said condition, any thing in the said act, or in any subsequent act, to the con-
rary notwithstanding.
Approved May 26, 1824.
AN ACT TO AMEND THE ACTS CONCERNING NATURALIZATION.
21. Certain sections of former acts repealed.
22. Any alien, &c., to become a citizen; proviso.
Be it enacted by the Senate and House of Representatives of the United States of America,
in Congress assembled:—
SECTION 1.-That the second section of the act entitled, "An act to establish a uni-
form rule of naturalization, and to repeal the acts heretofore passed on that subject,"
which was passed on the fourteenth day of April, one thousand eight hundred and two,
and the first section of the act entitled, "An act relative to evidence in cases of natural-
ization," passed on the twenty-second day of March, one thousand eight hundred and six-
teen, be, and the same are hereby, repealed.
SEC. 2. And be it further enacted, That any alien, being a free white person, who
was residing within the limits and under the jurisdiction of the United States, between the
fourteenth day of April, one thousand eight hundred and two, and the eighteenth day of
June, one thousand eight hundred and twelve, and who has continued to reside within the
same, may be admitted to become a citizen of the United States without having made any
previous declaration of his intention to become a citizen: Provided, That whenever any
person, without a certificate of such declaration of intention, shall make application to be
admitted a citizen of the United States, it shall be proved, to the satisfaction of the court,
that the applicant was residing within the limits and under the jurisdiction of the United
States, before the eighteenth day of June, one thousand eight hundred and twelve, and has
continued to reside within the same, or he shall not be so admitted; and the residence of
the applicant within the limits and under the jurisdiction of the United States, for at least
âve years immediately preceding the time of such application, shall be proved by the oath
or affirmation of citizens of the United States; which citizens shall be named in the re-
cord as witnesses; and such continued residence within the limits and under the jurisdic-
tion of the United States, when satisfactorily proved, and the place or places where the
applicant has resided for at least five years, as aforesaid, shall be stated and set forth, to-
gether with the names of such citizens, in the record of the court admitting the applicant;
otherwise the same shall not entitle him to be considered and deemed a citizen of the United...
States.
Approved May 24, 1828.
*v 2-VOL. II.
1616
NATURALIZATION.
AN ACT TO SECURE THE RIGHT OF CITIZENSHIP TO CHILDREN OF CITIZENS OF THE UNITED
STATES BORN OUT OF THE LIMITS THEREOF.
? 1. Citizenship of children of citizens born abroad. | 2. Citizenship of married women.
Be it enacted by the Senate and House of Representatives of the United States of America,
in Congress assembled:-
SECTION 1.—That persons heretofore born, or hereafter to be born, out of the limits
and jurisdiction of the United States, whose fathers were or shall be, at the time of their
birth, citizens of the United States, shall be deemed and considered, and are hereby de-
clared, to be citizens of the United States: Provided, however, That the rights of citizenship
shall not descend to persons whose fathers never resided in the United States.
SEC. 2.—And be it further enacted, That any woman who might lawfully be naturalized
under the existing laws, [and who has] married, or who shall be married to, a citizen of the
United States, shall be deemed and taken to be a citizen.
Approved February 10, 1855.
1
FORMS,
ADAPTED TO THE LAWS OF THE STATE OF MISSOURI.
ACTIONS-CIVIL.
PETITION.
No. 1.-ACTION ON PROMISSORY NOTE; PAYEE AGAINST MAKER.
John Jones, Plaintiff,
against
William Davis, Defendant,
In the Circuit Court,
County.
Plaintiff states that defendant, by his promissory note, herewith filed, dated
promised, for value received, to pay plaintiff the sum of
.....
dollars, eight months after
the date thereof; which, and the interest thereon, are yet due plaintiff, and for which he
SMITH & JONES, Attorneys for plaintiff.
asks judgment.
John Jones, plaintiff, makes oath, and says the above petition and the matters therein,
as stated, he believes to be true.
Sworn to and subscribed before me, &c.
AFFIDAVIT, WHEN MADE BY AN ATTORNEY OR AGENT.
JOHN JONES.
John Smith, attorney or agent (as the case may be) for plaintiff, makes oath, and says
the above petition and the matters therein, as stated, he believes to be true.
Sworn to and subscribed before me, &c.
JOHN SMITH.
No. 2.-ACTION ON PROMISSORY NOTE; ENDORSEE AGAINST MAKER, WHEN THERE HAS BEEN
A PAYMENT.
Plaintiff states that defendant, by his promissory note, herewith filed, dated
promised to pay one James Smith, or order, ………….. dollars,
months after date, for value
received. Plaintiff says that said Smith, on ......, assigned, by endorsement, [or in writ-
ing, herewith filed,] and delivered, said note to plaintiff. Defendant, on paid ......
dollars to plaintiff, and the remainder of said note and interest is yet due plaintiff, for
which he asks judgment.
…………….,
[NOTE.-Caption and affidavit, as in precedent, No. 1. So in all other precedents of petition in civil cases.]
་་་
promised
No. 3.-ACTION ON PROMISSORY NOTE; ENDORSEE AGAINST ENDORSER.
Plaintiff states that C D, by his promissory note, (herewith filed,) dated
to pay to defendant, or his order, dollars, in one year from date; that defendant as-
signed, by endorsement, [or in writing, herewith filed,] and delivered, said note to the plain-
tiff, on ......; that plaintiff, on ………….., demanded of C D the amount due by said note, who
refused to pay the same, and who is, and was when said note became due, insolvent, so that
1618
ACTIONS-CIVIL.
a suit against him would have been unavailing; and that plaintiff, on notified defendant
of said demand, refusal and insolvency, and required him to pay, which he has not done.
Plaintiff asks judgment for the amount of said note and interest.
No. 4.-ACTION ON PROMISSORY NOTE, WHEN THERE ARE SEVERAL PAYMENTS.
Plaintiff states that defendant made his promissory note to plaintiff, (herewith filed,)
dated ……………., for dollars, payable one year after date; that defendant, on ......, paid
dollars on said note, and on ……………., paid... dollars; that the remainder of said note
and interest is yet due plaintiff, for which he asks judgment.
....
No. 5.-ACTION ON BILL OF EXCHANGE AGAINST ACCEPTER.
day of
day of
Plaintiff states that, on the
………………….., 18......, C D made his bill of exchange,
in writing, (herewith filed,) and directed the same to E F, at the city of St. Louis, and
thereby requested the said E F to pay G H, or order, the sum of dollars, at sight, and
delivered the said bill to the said G H, who transferred the same, by endorsement thereon,
to plaintiff; who, on the
..., presented the said bill to defendant for ac-
ceptance, and the defendant thereupon duly accepted the same. Plaintiff says he is now
the lawful owner and holder of said bill of exchange, and the defendant is indebted to him
therefor in the sum of dollars, together with interest thereon, from the ...... day of
dollars for damages, for non-payment of the same,
.........,
.....
18.... and, also, for
and for which he asks judgment.
No. 6.-ACTION ON BILL OF EXCHANGE AGAINST DRAWER AND ENDORSER, FOR NON-
ACCEPTANCE.
......
Plaintiff states that, on the day of ..... ....., 18......, C D made his bill of exchange,
in writing, herewith filed, and directed the same to one J K, at the city of St. Louis, and
thereby requested the said J K, sixty days after the date thereof, to pay to the defendant,
E K, the sum of dollars, and delivered the said bill to the defendant, E K, who en-
dorsed and delivered the same to the defendant, & H, who endorsed the same to plaintiff;
who, on the day of …………..
........., 18......, duly presented the same to the said J K for ac-
ceptance; that said J K then declined and refused to accept the same, of which defendants,
respectively, had due notice. Plaintiff states that he is now the lawful owner and holder
of said bill of exchange, and the defendants are indebted to him therefor in the sum of
dollars, with interest thereon from the ...... day of
18………….., and, also, for
...
dollars for damages for non-payment of the same, and for which he asks judgment.
No. 7.-ACTION FOR GOODS SOLD AND delivered, WORK DONE AND MATERIALS PROVIDED,
AND MONEY LENT.
...
Plaintiff states that defendant owes him dollars for goods, sold and delivered by
plaintiff to defendant; also, that defendant owes plaintiff dollars for work done and
dollars
materials found by plainff for defendant; also, that defendant owes plaintiff
for money lent by plaintiff to him. The particulars of all which, and, also, the credits
thereon, will appear by an account herewith filed. Plaintiff asks judgment for ...... dol-
lars, being the balance due him,
ACTIONS-CIVIL.
1619
No. 8.-ACTION ON AN ASSIGNED
ACCOUNT FOR GOODS SOLD AND DELIVERED, AND
MONEY LENT; ASSIGNEE AGAINST THE DEBTOR.
Plaintiff states that defendant owed one John Smith ...... dollars for goods sold and
delivered by said Smith to defendant; also, that defendant owed said Smith dollars
for money lent by said Smith to defendant; the particulars of all which, and, also, the
credits thereon, will appear by the account herewith filed. Plaintiff says that said Smith,
on the day of
18......, assigned, in writing, said account to plaintiff, which
assignment is herewith filed. He, therefore, asks judgment for ...... dollars, being the
balance due him on said account.
No. 9.—ACTION ON AN AGREEMENT IN WRITING; SPECIFIC PERFORMANCE ASKED IN PART;
AND DAMAGES FOR OTHER BREACHES.
Plaintiff states that, on ...…….、
the defendant executed under his hand, as did, also, the
plaintiff, an agreement, of that date, (herewith filed;) that plaintiff duly performed all the
conditions on his part; that the defendant has not performed the conditions on his part,
but has failed so to do in this, [here state in what the defendant has violated his agree-
ment.] Plaintiff asks that defendant be compelled to perform his agreement in this, [here
state in what a specific performance is required;] and plaintiff asks damages to the amount
of ...... dollars, which he has sustained by the breaches of the agreement by defendant, as
above stated.
No. 10.-ACTION ON AGREEMENT FOR RENT.
day of
…………………….,
Plaintiff states that, on the
18......, he rented to the defendant,
by a written agreement, (herewith filed,) a known as [here describe the premises,]
for the term of one year, commencing on the
day of
18......, at the yearly
rent of six hundred dollars, payable quarter-yearly, which said sum defendant agreed to
pay; that defendant thereupon entered and occupied said premises, but has not paid the
rent therefor for the last two quarters of said year, amounting to three hundred dollars,
and the interest thereon, for which said sum and interest plaintiff asks judgment.
No. 11.-ACTION AGAINST A TRUSTEE.
Plaintiff states that, on ……………., defendant, by an instrument in writing, herewith filed,
then duly executed by the parties therein named, took upon himself the execution of the
trusts therein mentioned, and has since committed the following breaches of said trusts,
to wit: [here state wherein the trusts were broken by defendant.] Wherefore the plaintiff
prays that defendant may be restrained, by injunction, from any further disposition of the
trust property; be compelled to make plaintiff compensation in damages for said breaches of
trust, which plaintiff says amount to dollars; and be removed from the trust, and an-
other trustee appointed in his place.
No. 12.-ACTION FOR AN EVICTION.
...
Plaintiff states that, on
that date, which is herewith filed,
forty-four, and range eleven, in
defendant executed and delivered to plaintiff a deed of
for the north-east quarter of section fourteen, township
county; that the purchase-money for said land was
..... dollars, which was paid by plaintiff to defendant on ......; that afterwards one C D
brought suit against plaintiff for said land, in the circuit court of
......
county, and, on
recovered judgment against plaintiff, and, by the force and effect of said judgment and
the execution thereon, plaintiff was dispossessed of said land, and said C D put in posses-
1620
ACTIONS-CIVIL.
པ རསཝ ཝཱརཾཝཱཙ
sion thereof- —a copy of the record and proceedings in said suit are herewith filed; tha
plaintiff, on ……………., gave notice to defendant of said eviction, and demanded of him sai
purchase-money, and six per cent. interest thereon, which defendant has failed to pay, an
for which plaintiff asks judgment.
No. 13.-CERTAIN CAUSES OF ACTION JOINED.
Plaintiff states that defendant, by his promissory note, herewith filed, dated the ...
day of
18……………., promised, for value received, to pay plaintiff ...... dollars, one da
after the date thereof, which, and the interest thereon, are yet due plaintiff, and for whic
he asks judgment.
......
Plaintiff states that defendant owed one John Smith ...... dollars for money lent by sai
Smith to defendant, the particulars of which will appear by the account herewith filed
Plaintiff says that said John Smith, on the
day of
18......, assigned, in writ
ing, (which assignment is herewith filed,) and delivered, said account to plaintiff: he, there
fore, asks judgment for ...... dollars, the amount of said account, and interest thereon, from
the day of ........ 18.......
Plaintiff, also, states that, on the ...... day of ………...
………………….., 18......, defendant made his titl
bond to plaintiff of that date, and thereby bound himself to convey to plaintiff a good titl
in fee-simple to the following tract of land, situate in
payment, by plaintiff to defendant, of dollars, which payment, on the
.....
county, to wit:
on th
day c
18……………., plaintiff made to defendant, yet defendant has not conveyed said land t
plaintiff. Plaintiff, therefore, asks that defendant be compelled to convey said land, o
that the court will do it for him.
Plaintiff states that defendant owes him dollars for goods sold and delivered by
plaintiff to defendant, the particulars of which will appear by an account, (herewith filed,
for which last-mentioned amount plaintiff asks judgment.
......
No. 14.-ACTION TO RECOVER REAL PROPERTY.
Plaintiff states that, on the day of
....., 18......, he was entitled to the posses
sion of the following described premises, situate in the county aforesaid, to wit: [here se
forth the premises,] and being so entitled to the possession thereof, that the defendant af
terwards, on the .... day of ........., 18......, entered into such premises, and unlawfull
withholds from the plaintiff the possession thereof, to his damage in the sum of ...... dollars
He further avers that the monthly value of the rents and profits of the premises is .....
dollars. Wherefore he demands judgment for the recovery of the premises, and ………….. dollar
damages for the unlawfully withholding of the same from plaintiff, and dollars fo
monthly rents and profits, from the rendition of judgment until the possession of the pre
mises is delivered to plaintiff, and for other proper relief.
.....
......
No. 15.-ACTION TO RECOVER PERSONAL PROPERTY.
Plaintiff states that he is the owner of, and entitled to the possession of, the following
specific personal property, viz.: [here describe the property] of the value of ...... dollars
which the defendant wrongfully detains from the plaintiff. He, therefore, asks judgmen
for the recovery of said property, and ...... dollars damages for the detention thereof.
....
No. 16.-PETITION OF A WIFE FOR A DIVORCE.
Plaintiff, by her next friend, C D, states that, on the …….. day of ……………….
………….., 18......, in th
county of ...
she was lawfully married to the defendant; tha
plaintiff continued to live with defendant, as his wife, from and after the day and yea
in the State of
ACTIONS-CIVIL.
1621
foresaid, until the
day of ......
....
last past; that during all that time plaintiff faith-
ully demeaned herself, and discharged all her duties as the wife of defendant, and at all
imes treated him with kindness and affection; but the said defendant, wholly disregarding
is duties as the husband of the plaintiff, [here insert the cause for which the divorce is
rayed.] Plaintiff further states, that there was born of the marriage aforesaid two chil-
ren, both of tender years, one a male now aged two years, the other a female now aged
ne year. Plaintiff further states that she has resided within this State one whole year
ext before the filing of this petition. Plaintiff further states that the said defendant is
eized and possessed of real and personal estate and money, to the value of ………….. dollars,
nd that she is wholly without the means of support and for the prosecution of this suit.
The plaintiff, therefore, prays to be divorced from the bonds of matrimony, contracted
s aforesaid with the defendant; that she may have the custody and care of her said infant
hildren; and that the court will adjudge to her such support and maintenance, out of the
property of the said defendant, and for such time as the nature of the case and the cir-
umstances of the parties may require, and, if necessary, compel the defendant to give
ecurity for such maintenance, and to make such further orders, from time to time, touch-
ng the same, as may be just, and such other orders and judgments touching the premises
s may be proper.
A B, Plaintiff.
This affiant, the plaintiff, makes oath, and says that the facts stated in the above peti-
ion are true, according to the best knowledge and belief of the plaintiff, and that the com-
plaint is not made out of levity or by collusion, fear or restraint, between the plaintiff and
lefendant, for the mere purpose of being separated from each other, but in sincerity and
ruth, for the causes mentioned in the petition.
No. 17.-ACTION TO FORECLOSE A MORTGAGE.
day of
Plaintiff states that the defendant, on the
18......, executed to
laintiff a note, (herewith filed,) whereby he promised to pay plaintiff dollars,
months after the date thereof, and that, on the day and year last aforesaid, defendant, for
he purpose of securing the payment of said note, executed and delivered to plaintiff a
mortgage deed, (which is herewith filed,) conveying to the plaintiff a tract of land, situate
n said county of known in said mortgage deed by the following description, to wit:
here set forth the land as described in the mortgage,] upon the following conditions, to
vit: [here copy the conditions.] Plaintiff avers that defendant has failed to perform the
aid conditions on his part, and that said sum of dollars, and all interest due thereon,.
emain unpaid. Wherefore he prays that judgment may be rendered for the debt, and all
nterest, and that the equity of redemption of the said defendant in and to said tract of
and may be foreclosed, and that the same, or so much thereof as may be necessary, be
old to pay off and discharge the judgment rendered, and for other proper relief.
......
No. 18.-ACTION FOR MONEY PAID BY A SURETY.
Plaintiff states that, on the ………….. day of …….……….. he paid to G H ...... dollars, on a note
held by said G H on the plaintiff, as surety for the defendant, which amount, and all inter-
est due thereon, yet remain due and unpiad to the plaintiff. Wherefore he demands judg--
ment for said sum of ...... dollars, and all interest due thereon at the rendition of
udgment.
No. 19.-ACTION ON PROMISE TO MARRY.
......
day of
....
18……………., at
Plaintiff states that, on or about the
the defendant;
n consideration that plaintiff, then being sole and unmarried, at the request of the defend.-
1622
ACTIONS-CIVIL.
ant, faithfully promised to marry the said defendant, did then and there undertake a
faithfully promise to marry the plaintiff; that, confiding in the said promise and underta
ing of the said defendant, plaintiff has remained, and continued, and still is, sole and u
married, and has always been, and still is, ready and willing to marry the defendant; th
though a reasonable time has elapsed since said promise and undertaking for the defen
ant to marry plaintiff, and although repeatedly requested so to do, he has wholly neglect
and refused, and still does neglect and refuse, to marry the plaintiff, [if the defendant hå
married another, aver this, instead of the request and refusal,] by which plaintiff says sl
is damaged to the amount of ...... dollars, for which she asks judgment.
No. 20.-ACTION FOR A LIBEL.
....
Plaintiff states that defendant, being the proprietor [printer, or publisher, as the ca
may be,] of a newspaper, published in called the the following libel was pul
lished therein, of and concerning the plaintiff: that is to say, [here insert it;] and plainti
says he is damaged thereby to the amount of dollars, for which he asks judgment.
No. 21.-ACTION FOR SLANDER.
The plaintiff states that, on ..………., at the defendant spoke the following false an
slanderous words concerning the plaintiff: that is to say, [here insert the words;] by whic
plaintiff says he is damaged to the amount of dollars, for which he prays judgment.
......
No. 22. — ACTION FOR AN ASSAULT AND BATTERY.
Plaintiff states that, on
at
defendant assaulted and beat plaintiff, by whic
he says he is damaged to the amount of ...... dollars, and prays judgment therefor.
C
No. 23. ACTION AGAINST THE OWNER OF A STAGE-COACH, FOR CARELESS DRIVING, AN
INJURY THEREBY TO PLAINTIFF.
Plaintiff states that, on .………..
the defendant being the owner of a stage-coach, th
plaintiff took passage therein, at Fulton, Mo., to be carried to Jefferson City, Mo.; tha
the stage was upset by the carelessness of the driver, and the plaintiff thereby had hi
arm broken, and was otherwise injured. In consequence of which he had to expend
dollars for medical attendance, and was otherwise damaged; and says he has sustaine
damages to the amount of dollars, for which he prays judgment.
No. 24.-COMMENCEMENT AND CONCLUSION OF A PETITION FOR AN INJURY, EITHER DI
RECT OR CONSEQUENTIAL.
Plaintiff states that, on ......, at the defendant did injury to the plaintiff, as fol
lows: that is to say, [here state the injury, in ordinary and concise language, and withou
repetition;] by which plaintiff says he was damaged to the amount of
which he asks judgment.
No. 25.-ACTION FOR TRESPASS IN TAKING GOODS.
Plaintiff states that, on
....
at
dollars, fo
the defendant, without leave, and wrongfully
took the following property of the plaintiff, and has not returned the same: that is to say
[here state the property;] by which plaintiff says he is damaged to the amount of
dollars, for which he asks judgment.
·
ACTIONS-CIVIL.
1623
No. 26.-ACTION FOR TRESPASS ON LAND.
Plaintiff states that, on .……….., at defendant, without leave, and wrongfully, entered
on, [describe the land as by quarter sections, &c.,] of which the plaintiff was then the
owner, and then and there cut timber to the value of .... dollars, and carried it away;
by which acts and doings of defendant, plaintiff was damaged to the amount of dol-
lars, for which he asks judgment.
......
No 27.-ACTION FOR FRAUD IN THE SALE OF PROPERTY.
day of
Plaintiff states that, on the
18......, he purchased of defendant a
[horse,] at the price of dollars, then in hand paid by plaintiff to defendant; that
defendant, on said purchase, fraudulently represented the [horse] to be sound, when he
knew the said [horse] was unsound and diseased with the [fistula, or other disease, as the
case may be;] that the plaintiff has expended dollars in keeping and trying to cure
said [horse.] Wherefore plaintiff says that he has sustained damages to the amount of
dollars, for which plaintiff asks judgment.
No. 28.- DEMURRER.
The defendant demurs to the [petition, ] for the following grounds of objection:
First,
Second,
No. 29.-ANSWER.
A B, Plaintiff, In the Circuit Court,
against
C D, Defendant.
County.
Defendant states that, on .…………., he paid the amount due by said bond in said petition
mentioned, and the interest thereon, to plaintiff. Defendant further states that he did not
accept the said bill of exchange in said petition mentioned. Defendant, also, states that
plaintiff did not pay to the use of defendant the said sum of ...... dollars, or any part
thereof, as stated in said petition.
SMITH & JONES, Attorneys for defendant.
C D, defendant, makes oath, and says that the above answer, and the matters thereir,
as stated, he believes to be true.
C D.
Sworn to and subscribed before me, &c.
No. 30.
•
The defendant admits that he exccuted to John Smith, on the
day of
18......, the promissory note mentioned in the petition, but he has no knowledge, or informa-
tion thereof sufficient to form a belief, of the assignment of said notc, by Smith, to plain-
tiff, as alleged. Defendant further states that, at the time of the commencement of this
action, plaintiff was, and still is, indebted to him in the sum of dollars, for [ten fat
cattle,] sold and delivered by defendant to plaintiff, on the ………….. day of
18......, at
......
the price of [twenty dollars per head,] which amount is yet due defendant, and for which
he asks judgment.
[NOTE. — Caption and affidavit as in precedent No. 29. So in all precedents of answers.]
*W VOL. II.
1624
ACTIONS-CIVIL.
No. 31.
The defendant admits that he made the note, and that it remains unpaid, as alleged in
the petition, except the sum of ...... dollars, which he paid to the plaintiff on the day
of
And the defendant, by way of counter-claim, says that, when this action com-
menced, the plaintiff was, and still is, indebted to him in the sum of dollars, upon a
note, [or contract or account,] which is filed herewith; and the defendant offers to set-off
against the amount due to the plaintiff an amount equal thereto of his said claim, and
demands judgment for dollars, the residue thereof.
......
No. 32.
......
,
Defendant answers to the petition, that he did not execute the note mentioned therein;
[or, admits he executed the note mentioned in the petition, but, on the day of
he paid the same in full; or, admits he executed the note, and says that he has paid
the same, except the sum of fifty dollars; and that, before this action was commenced, he
tendered to the plaintiff the sum of fifty dollars, and now brings the same into court for
the plaintiff.]
No. 33.-ACCORD AND SATISFACTION.
The defendant answering, says he admits the execution of the note, and that, before the
commencement of this action, he delivered to the plaintiff [one wagon,] which he received
in full satisfaction of the note mentioned in the petition.
No. 34.-FORMER RECOVERY.
......
term of the
The defendant answering, says that, at the
Circuit Court, for
the county of Callaway, the plaintiff recovered judgment against the defendant for
dollars damages, and dollars for costs; and that said judgment was rendered upon
the same cause of action mentioned in plaintiff's petition.
.....
No. 35.RELEASE.
The defendant answering, says the plaintiff executed to him a release, (which is filed
herewith,) whereby he discharged the defendant from the cause of action mentioned in the
petition.
No 36.-STATUTE OF LIMITATIONS TO AN ACCOUNT.
The defendant answering, says that the cause of action mentioned in the plaintiff's
petition did not accrue within years before the commencement of this action.
....
No. 37. MINORITY.
Defendant answers to the note mentioned in the third cause of action, and says that, at
the time of its execution, he was a minor, under the age of twenty-one years.
No. 38.-TRESPASS UPON REAL PROPERTY.
Defendant answers, and says that a part of the land mentioned in the plaintiff's petition
was the soil and freehold of the defendant, the same being known as follows: [here
describe it;] and denies that he entered on any part of said land, except the part above
described.
ACTIONS-CIVIL.
1625
No. 39.-FRAUD IN SALE OF PROPERTY.
The defendant answers, and says he admits he sold the [horse] to the plaintiff, for the
price stated in the petition, but denies that he made said representation, knowing that the
same was not true; and further denies that said [horse] was unsound, as stated in plaintiff's
petition.
No. 40. SLANDER.
The defendant answers, and says he denies that he charged the plaintiff with the crime
of perjury, as set forth in the plaintiff's first cause of action; admits he spoke the words
mentioned in the second cause of action, but says that on ...... at the plaintiff did
feloniously steal and carry away [one rifle gun,] the property of C D, of the value of …………….
dollars, so the defendant's charge was true.
.....
No 41.-ASSAULT AND BATTERY.
The defendant states that, at the time and place in the petition mentioned, he was
assaulted by the plaintiff, and, to defend himself, did assault, beat and bruise, the plaintiff,
doing him no more damage than was necessary for his defence, which is the same assault-
ing, beating and bruising, in the petition mentioned.
No. 42. FOR RECOVERY OF REAL PROPERTY.
The defendant denies that plaintiff was entitled to the possession of the premises, as
stated in the petition, at the time therein stated, or at any other time since or prior
thereto. He denies that he unlawfully withholds from plaintiff the possession of the pre-
mises, as stated in the petition. And, by way of counter-claim, says that the plaintiff was,
on the ...... of
on that day, the plaintiff, by his written contract, (which is filed herewith,) sold, and agreed
to convey, the land to the defendant, on the terms therein specified, and put the defendant
in possession thereof, as purchaser; and the defendant performed all the conditions on his
part, in said contract, and, before the commencement of this action, tendered to the plain-
tiff, and now brings into court, dollars, the full amount due to him as the price
of said land. Wherefore he.prays judgment, that the plaintiff convey to him the land,
and that his title be quieted.
the owner of said land, and now has the legal title thereto; but that,
No. 43. REPLY.
Plaintiff says that he did not execute the said note, set up as an off-set in the answer
of defendant.
No. 44. AFFIDAVIT OF CLAIM, AND FOR DELIVERY OF PERSONAL PROPERTY.
A B, Plaintiff,
against
CD, Defendant.
}
In the Circuit Court.
The plaintiff states that he is [the owner and] lawfully entitled to the possession of the
following specific personal property, viz.: [here describe it,] of the value of ...... dollars;
1626
ADMINISTRATION.
that the same has not been seized under any process, execution or attachment, against the
property of the plaintiff, but is wrongfully detained by the defendant; and that plaintiff
will be in danger of losing the said property, unless it be taken out of the possession of
the defendant, or otherwise secured.
A B.
Sworn to and subscribed before me, this
day of .......
18.......
John Smith, Plaintiff,
against
John Jones, Defendant.
No. 45.-SECURITY FOR COSTS BEFORE SUIT.
}
Civil action in the Circuit Court of C...... county.
I, John Fen, a resident of the State of Missouri, do hereby acknowledge myself bound
to pay all the costs which may accrue in the above entitled cause.
Witness my signature, this
day of
18.......
I
JOHN FEN.
No. 46.-SECURITY FOR COSTS AFTER SUIT BROUGHT.
John Smith, Plaintiff,
against
John Jones, Defendant.
}
Civil action in the Circuit Court of C...... county.
I, John Fen, a resident of the State of Missouri, do hereby acknowledge myself bound
to pay all the costs which have accrued, or may accrue, in the above entitled cause.
itness my signature, this ...... day of
18.......
JOHN FEN.
ADMINISTRATION.
No. 47.-CITATION OF NEXT OF KIN TO ADMINISTER.
In the matter of John Smith's Estate.
County Court of Callaway county in vacation.
John Brown is notified, on the application of John Jones, a person interested in the
estate aforesaid, to take letters of administration on said estate within thirty days after
the service of the citation, or, on failure so to do, letters of administration thereon will be
granted to the person next entitled thereto.
{
L. S.
Witness my hand and seal of office, this ...... day of …………..
18.......
THOMAS B. HARRIS, Clerk,
No. 48.
APPLICATION FOR ADMINISTRATION.
STATE OF MISSOURI,
County of Callaway.} In the matter of John Smith's Estate.
Louis H. Stahl says that, to the best of his knowledge and belief, the names of the
heirs of the said John Smith, deceased, and their places of residence, are respectively as
follows: George Smith, who resides in the county of ......, in the State of Missouri, Caro-
line Smith, who resides in the county of M......, in the State of Kentucky, and Ann Brown,
late Ann Smith, who resides in the county of H......, in the State of Arkansas; that the
ADMINISTRATION.
1627
said John Smith died without a will; that he will make a perfect inventory of, and faith-
fully administer, all the estate of the deceased, and pay the debts as far as the assets will
extend and the law direct, and account for and pay all assets which shall come to his
possession or knowledge.
LOUIS H. STAHL.
Subscribed and sworn to before me, this ...... day of …………….. 18......
THOMAS B. HARRIS, Clerk.
No 49.- AFFIDAVIT OF APPLICANT FOR ADMINISTRATION WITH THE WILL ANNEXEd.
STATE OF MISSOURI,
County of Callaway. In the matter of John Smith's Estate.
John Jones says that he will make a perfect inventory of the estate of John Smith,
deceased, and faithfully execute the last will of the said John Smith, pay all debts and
legacies as far as the assets will extend and the law direct, render just accounts, and faith-
fully perform all things required, by law, touching such administration.
Subscribed and sworn to before me, this ...... day of
18......
JOHN JONES.
THOMAS B. HARRIS, Clerk.
[NOTE. This affidavit will do for an executor, by substituting the word executorship for the word adminis-
tration, in the last line.]
No. 50.-BOND OF ADMINISTRATOR.
We, John Jones, as principal, and John Brown and John Smith, as securities, are held
and bound to the State of Missouri, in the sum of dollars, [to be a sum double the
amount of the estate,] for the payment of which we bind ourselves, our heirs, executors
and administrators.
The condition of the above bond is, that if John Jones, administrator of the estate of
John Smith, deceased, shall faithfully administer said estate, account for, pay and deliver,
all money and property of said estate, and perform all other things touching said adminis-
tration, required by law, or the order or decree of any court having jurisdiction, then the
above bond to be void, otherwise to remain in full force.
In witness whereof, we have hereunto subscribed our names, and affixed our seals, this
day of
[Signatures.] [Seal.]
18......
Approved ...... day of ......
18......
THOMAS B. HARRIS, Clerk.
No. 51.-BOND OF EXECUTOR.
We, John Jones, as principal, and John Brown and John Smith, as securities, are held
and bound to the State of Missouri, in the sum of dollars, [to be a sum double the
amount of the estate,] for the payment of which we bind ourselves, our heirs, executors
and administrators.
The condition of the above bond is, that if John Jones, the executor of the last will o
John Smith, deceased, shall faithfully execute the said will, account for, pay and deliver, all
money and property of the deceased, according to the provisions of said will, and perform
all other things touching such executorship, required by law, or the order or decree of
any
court having jurisdiction, then the above bond to be void, otherwise to remain in full force.
[NOTE. Conclusion as in precedent No. 50. So of precedents Nos. 52, 53, 51.]
1628
ADMINISTRATION.
No. 52.-BOND OF ADMINISTRATOR WITH THE WILL ANNEXED.
We, John Jones, as principal, and John Brown and John Brady, as securities, are held
and bound to the State of Missouri, in the sum of .... dollars, [to be a sum double the
amount of the estate,] for the payment of which we bind ourselves, our heirs, executors
and administrators.
The condition of the above bond is, that if John Jones, administrator of the estate of
John Smith, deceased, with the will annexed, shall faithfully administer said estate, accord-
ing to the provisions of the said will, account for, pay and deliver, all money and property
of said estate, and perform all things touching said administration required, by law, or the
order or decree of any court having jurisdiction, then the above bond to be void, otherwise
to remain in full force.
No. 53.-BOND OF SURVIVING PARTNER.
We, John Jones, as principal, and John Brady and John Tell, as securities, are held
and bound to the State of Missouri, in the sum of ...... dollars, [to be a sum double the
amount of the estate, ] for the payment of which we bind ourselves, our heirs, executors
and administrators.
The condition of the above bond is, that if John Jones, surviving partner of the late
firm of Jones & Stone, shall use due diligence and fidelity in closing the affairs of the late
copartnership, apply the property thereof towards the payment of the partnership debts,
render an account annually, upon oath, to the county court, of all the partnership affairs,
including the property owned by the late firm, and the debts due thereto, as well as what
may have been paid by the survivor towards the partnership debts, and what may still be
due and owing therefor, and pay over within two years, unless a longer time be allowed by
the county court, to the executor or administrator, the. excess, if any there be, beyond
satisfying the partnership debts, and costs and expenses in closing the affairs of the co-
partnership, then the above bond to be void, otherwise to remain in full force.
No. 54.-BOND OF ADMINISTRATOR BEFORE ADMINISTERING UPON PARTNERSHIP PROPERTY.
[Same as Precedent, No. 53, to the Condition.]
The condition of the above bond is this: Whereas, John Jones is the administrator of
the estate of John Smith, deceased, late a partner in the firm of John Smith & Co., and
John Brown, the surviving partner of said firm, has neglected, for the space of thirty days
after letters of administration have been granted to the administrator as aforesaid, to give
the bond required, by law, to enable him to retain possession of all the partnership pro-
perty, wherefore the settlement of the affairs of said firm devolves upon the administrator
of the said John Smith, deceased. Now, if the said John Jones, administrator as afore-
said, shall faithfully execute said trust, and with no unnecessary waste or expense, and
perform all other things touching such trust required, by law, or the order or decree of
any court having jurisdiction, then this bond to be void, otherwise to remain in full force.
No. 55.-INVENTORY BY EXECUTOR OR ADMINISTRATOR.
Inventory of the Estate of John Smith, deceased.
Cash on hand at death of decedent,..
A note on J D, due 1st January, 18.
Interest due thereon,.
$100 00
75 00
15 00
ADMINISTRATION.
1629
Account against T D, for corn and oats sold and delivered,
Four horses,.
Five horned cattle,.
Twenty sheep,.
•
Twenty hogs,...
Eighty acres of land in C-—
R. 10,.........
Forty acres of land in C-
county, E., S. W., Sec. 17, T. 48,
county, S. E. of Sec. 16, T. 50, R. 11,
mortgaged for $50 to A B,.
A town lot in F., No. 50, leased for ten years, at $10 per annum, to
C D,.......
A mortgage deed to lot in F., No. 100, exccuted by E F, to secure
the payment of,..........
$17 50
250 00
Interest due on the above debt,
50 00
DAVID C. MORRIS, Administrator.
JOHN BROWN,
Witness: JOHN BRADY.
No. 56.-AFFIDAVIT TO INVENTORY BY EXECUTOR OR ADMINISTRATOR,
STATE OF MISSOURI,
:
County of Jackson.
}
John Jones, administrator [or executor] of the estate of John Smith, deceased, says
that the foregoing is a full inventory and description of all the money, goods, chattels and
estate, real and personal, books, papers and evidences of debt, and of title, of the deceased,
and of all debts due, and to become due, so far as he can ascertain them, except the pro-
perty reserved as the absolute property of the widow, and that he is not indebted, or bound
in any contract to the deceased, at the time of his death, except as stated in said inventory.
JOHN JONES, Administrator.
Subscribed and sworn to, before me, the ...... day of
STATE OF MISSOURI,
County of Jackson.}
18.......
JOHN R. SWEARINGEN, Clerk.
No. 57.-AFFIDAVIT OF APPRAISERS.
John Den, John Doe and Richard Roe, being appointed to appraise the personal estate
of John Smith, deceased, before entering on their duties, make oath and say that they are
not interested, nor of kin to any person interested, in said estate, as heir or devisee, and
that they will, to the best of their ability, view and appraise the slaves and other personal
estate to them produced.
[Signatures of appraisers.]
Subscribed and sworn to before me, &c.
No. 58. APPRAISEMENT.
Certificate of Appraisement of the Estate of John Smith, deceased.
One saddle horse,
appraised at,
$100 00
Two work horses,
$50 00 each,
100 00
One mare,
Two mules,
66
66
60 00
((
$40 00 each,
80 00
One milch cow,
17 50
One pair of oxen,
Five head of stock cattle,
*
(6
50 00
66
$10 00 each,...
50 00
1630
ADMINISTRATION.
Twenty sheep,
Twenty hogs,
One silver watch,
One clock,
One pleasure carriage,
One two-horse wagon,
appraised at $1 25 each,.
$25 00
0 50 each,...
10 00
(6
20 00
"
10 00
100 00
.....
50 00
$672 50
Given under our hands, this
day of
18.......
CHARLES GROLL,
·
AUGUSTUS F. MEYERS,Appraisers.
CHARLES L. WELLS.
No. 59. SALE-BILL BY EXECUTOR OR ADMINISTRATOR.
Sale-bill of the Estate of John Smith, deceased, sold on day of
One horse, sold to J B,.....
......
ministrator of said Estate.
One horse colt, sold to E D,.....
Two milch cows, sold to P B for $15 00 each,..
One pair of oxen, sold to J S,……………………..
Three calves, sold to O B for $2 00 each,.
18......, by the Ad-
$50 00
20 00
30 00
40 00
6 00
Ten sheep, sold to A K for $1 25 each,..
12.50
Twenty hogs, sold to T D for fifty cents each,
10 00
One cooking stove and furniture, sold to A C,....
10 00
One clock, sold to T C,........
7 50
One bureau, sold to A F,..
5 00
$191 00
IGNAZ A. NIGLAS, Clerk of the sale.
STATE OF MISsouri,
County of C.......
No. 60.-AFFIDAVIT OF CLERK TO SALE-BILL.
Jacob Hubler says that he was the clerk of the sale made by John Jones, administra-
tor [or executor] of the estate of John Smith, deceased, and that the foregoing is a true
account of said sale at the time therein specified.
JACOB HUBLER, Clerk.
Subscribed and sworn to before me, the day of ………….. 18......
.....
JOHN GRIESHAMMER, Justice of the Peace.
No. 61.-NOTICE OF THE GRANT OF LETTERS OF ADMINISTRATION.
Administrator's Notice.
Letters of administration on the estate of John Smith, deceased, were granted to the
undersigned, on the ...... day of ......
……………………., 18……………., by the County Court of C......... county.
All persons having claims against said estate are required to exhibit them, for allow-
ance, to the administrator, within one year after the date of said letters, or they may be
precluded from any benefit of such estate; and if such claims be not exhibited within three
years from the date of said letters, they will be forever barred.
This ...... day of
18......
CHARLES A. MING, Administrator.
ADMINISTRATION.
1631
No. 62.-NOTICE OF THE GRANT OF LETTERS OF ADMINISTRATION DE BONIS NON.
Notice of Administrator de bonis non.
The letters of my predecessor, as administrator of the estate of John Smith, deceased,
having ceased to have any legal force, on the ...…….. day of ….……….. 18......, by reason of his
[death, resignation, or as the case may be,] letters of administration de bonis non were
granted to the undersigned on said estate, on the
County Court of С......... county.
This .....
day of ……………………., 18…………..
day of ...., 18......, by the
CHARLES A. MING, Adm'r de bonis non.
No. 63.-NOTICE TO THE UNKNOWN HEIRS OF JOHN SMITH, DECEASED.
Notice.
To the Unknown Heirs of John Smith, deceased.
…………………….,
18......,
years. The deceased
The undersigned, administrator of John Smith, deceased, gives notice to the unknown
heirs of the deceased that the intestate departed this life on the ...... day of
in the county of С........., in the State of Missouri, aged about
feet and inches in height, of dark complexion, with dark hair and eyes, and
weighed, when in health, about pounds, and was a native, as it is said, of C……………………., in
the State of ......, and his estate has been appraised to the sum of ...... dollars
EDWIN B. PARKER, Administrator.
was
cents.
[NOTE. Always give the true description of the person.]
No. 64.-NOTICE OF DEMAND TO ADMINISTRATOR, FOR THE PURPOSE OF CLASSIFICATION.
Article four, section fire.
dollars and
John Jones, administrator of the estate of John Smith, deceased, will take notice that
the undersigned has a demand against said estate for the sum of
cents, and for interest thereon to the date, amounting to the sum of
dollars and
cents, founded on an [account or note, or other instrument of writing,] of which the follow-
ing is a copy: [Here copy the demand.] If the claimant hold the demand as an assignee,
insert in the notice, as follows: And on which demand is an assignment, of which the fol-
lowing is a copy, to-wit: [Here set out the assignment.]
This day of
of
18......
BENJAMIN F. WALLACE.
Executed this notice by delivering a copy of the same to John Jones, on the
18......
day
BILLY BOTTS, Sheriff of Jackson county, Missouri.
No. 65.-NOTICE OF THE PRESENTMENT OF A DEMAND FOR ALLOWANCE.
Article four, section fifteen.
John Jones, administrator of the estate of John Smith, deceased, will take notice, that
I shall present for allowance, at the next term of the County Court of C...... county, to be
holden at the court-house in said county, on the .... Monday of
next, and on the
first day thereof, or as soon thereafter as I can be heard, a demand against said estate,
founded on an [account, or note, or other writing, as the case may be,] of which the fol-
lowing is a copy: [Here copy the account or note.] If the claimant hold the demand as an
assignee, insert, as follows: And on which demand is an assignment, of which the follow-
ing is a copy, to-wit: [Here copy the assignment.]
This day of
18......
STEPHEN RICE.
Executed this notice, by delivering a copy of the same to John Jones, on the
day
*W 2 — VOL. II.
1632
ADMINISTRATION.
:
of March, 18......, [or by leaving a copy of the same at the usual place of abode of John
Jones, with some white member of his family over the age of fifteen years, on the
of
18......]
WILLIAM T. SNELL, Sheriff of
day
county, Missouri,
STATE OF MISSOURI,
No. 66.-AFFIDAVIT TO CLAIM AGAINST AN ESTATE.
County of Schuyler.}
Article four, section twelve.
John W. Minor makes oath and says that, to the best of his knowledge and belief, he
has given credit to the estate of John Smith, deceased, for all payments and offsets to
which it is entitled, and that the balance claimed is justly due.
JOHN W. MINOR.
Subscribed and sworn to before me, the
......
day of
18......
CHARLES GROLL, Justice of the Peace.
No. 67.-AFFIDAVIT TO CLAIM AGAINST AN ESTATE IN CERTAIN CASES,
Article four, section thirteen.
STATE OF MISSOURI,
County of C.........
}
Edwin R. Parker makes oath and says that, to the best of his knowledge and belief, he
has given credit to the estate of John Smith, deceased, for all payments and offsets to
which it is entitled; and that his demand, as presented, is correctly stated.
Subscribed and sworn to before me, the
EDWIN R. PARKER.
day of ....... 18.......
AUGUSTUS F. MEYERS, Justice of the Peace.
No. 68.-AFFIDAVIT TO CLAIM, WHEN MADE BY AN AGENT.
Article four, section fourteen.
STATE OF MISSOURI,
County of C........
Stephen Rice makes oath and says that he is the agent of John Fen, and has had the
management and transaction of the business out of which the above and foregoing demand
originated, and that, to the best of his knowledge and belief, credits have been given to the
estate of the said John Smith, deceased, for all payments and offsets to which it is entitled,
and that the balance claimed is justly due.
STEPHEN RICE.
Sworn to, &c.
No. 69.-SAME, IN ANOTHER FORM.
Stephen Rice makes oath and says that he has had the means of knowing, personally,
that credits have been given to the estate of the said John Smith, deceased, for all pay-
ments and offsets to which it is entitled, and that the balance claimed is justly due.
Sworn to, &c.
STEPHEN RICE.
No. 70. CITATION TO EXECUTOR OR ADMINISTRATOR, ON FAILURE TO MAKE ANNUAL
STATE OF MISSOURI,
County of Jackson.}
SETTLEMENT.
Article five, section five.
The State of Missouri to John Jones, administrator of the estate of John Smith, deceased,
greeting: -
You are hereby required to present your accounts, as administrator as aforesaid, for
ADMINISTRATION.
1633
......
settlement, at the next term of the County Court of Jackson county, to be holden at Inde-
pendence, in the county of Jackson aforesaid, on the day of
18......, and
show cause why an attachment should not issue against you for not exhibiting your ac-
counts for settlement, at the term at which you were required, by law, to make settlement.
In witness whereof, I have hereunto subscribed my name, and affixed the seal
of the County Court of said county, this ...... day of
18.......
L. S.
JOHN R. SWEARINGEN,. Clerk.
No. 71. ATTACHMEMT FOR FAILURE TO ANSWER CITATION.
County Court of Audrain county.
The State of Missouri, to the sheriff of Audrain county, greeting:
John Jones, administrator [or executor] of the estate of John Smith, deceased, having
failed to present his accounts of said administration for settlement, at the term at which
he was bound, by law, to present the same, and having further failed so to do after having
been duly cited thereto, you are, therefore, commanded to attach the body of the said John
Jones, so that you have him in proper person before our said County Court of Audrain
county, on the first day of the next term thereof, to be holden at in said county of
Audrain, on the ..... day of ...... …….., 18......, to show cause, if any he can, why he has
not presented his said accounts for settlement. And hereof fail not, and have you then
and there this writ.
L. S.
In witness whereof, the undersigned, clerk of the County Court of Audrain
county has hereunto subscribed his name, and affixed the seal of said Court,
at office, this ...... day of
18.......
JOHN B. MORRIS, Clerk.
No.
72. — NOTICE OF FINAL SETTLEMENT BY AN EXECUTOR OR ADMINISTRATOR.
Notice of Final Settlement:
All creditors, and others interested in the estate of John Smith, deceased, are notified
that the undersigned administrator [or executor] of said estate intends to make a final
settlement of said estate at the next term of the County Court of C......... county, to be
holden at
in said county, on
.....
day of
18.......
WILLIAM B. WILLIAMSON, Administrator.
No. 73.-SETTLEMENT OF EXECUTOR OR ADMINISTRATOR.
First Annual Settlement.
John Jones, administrator [or executor] of the estate of John Smith, deceased, in ac-
count with said estate.
DR.
CR.
Amount of bill of appraisement,
$500 00
Amount of sale-bill,..
450 00
Amount of cash received at sale,......
100 00
Amount of notes taken at sale,.....
350 00
To amount of notes taken at sale,.....
To amount of cash taken at sale,..
$350 00
100 00
To amount of notes and accounts, as per inventory,
To amount of rent collected, not inventoried,.......
•
75 00
25 00
1634
APPRENTICES.
DR.
CR.
Cash paid funeral expenses, vouchers Nos. 1, 2 and 3,......
Cash paid demand allowed J. C., voucher No. 4,...
Cash paid demand allowed T. D., voucher No. 5,........
Charges for services as administrator, voucher No. 6,
Balance in favor of the estate..
$20 00
25 00
5 00
10 00
$550 00 $60 00
60 00
$490 00
JOHN JONES, Administrator.
(Approved :)
WILLIAM H. BAILEY,
MICHAEL BRight,
GEORGE B. HOPKINS.
Justices County Court.
APPRENTICES.
of
his
....
No. 74. INDENTURE.
This indenture, made this
day of
of the county of ........., State of
18......, by and between Jacob, son of
of
.....
years of age, on the
last, of his own free will and consent, and by and with the consent of
day
which are testified by their signatures, hereto affixed, of the first part, and
of the same county and State, of the other part, WITNESSETH: That the said
of his own free will, and with the consent of his aforesaid ………………………, has bound himself to
the said ......... as an apprentice, to learn the trade and art of ………………….., and hereby agrees
and binds himself to faithfully serve and perform all the duties of an apprentice to him,
the said ...... in said business, from the date hereof until the said
shall arrive at
the age of
18......, and shall and
will, in all cases, keep his master's secrets, work to his master's interest and benefit, and
obey, perform and do all lawful requirements of him, as such apprentice, by the said
......
years, which will be on the
as his said master.
nish to the said
In consideration whereof, I, the said
>
day of
…………………….,
on my part, agree and bind myself to fur-
at all times and seasons, suitable clothing, food and attention, in
sickness and in health, and to teach him the said trade or art of
as fully and com-
pletely as the same may be in the power of the respective parties to teach and receive.
[Here insert other stipulations.]
In testimony whereof, the parties have hereto set their hands, and affixed their seals,
the day and year above written.
Done in the presence of
[Seal ]
[Seal.]
No. 75.- AFFIDAVIT OF MASTER, TO BE ENDORSED UPON THE INSTRUMENT.
STATE OF MISSOURI,
County of L.......
John Jones, the master to whom the within named apprentice, John Styles, is bound,
ɛtates that he will faithfully perform the duties required by the within indenture, and
enjoined on him by law.
APPRENTICES.
1635
No. 76. ENDORSEMENT UPON THE INDENTURE, WHEN IT HAS BEEN FOUND THAT THE FATHER
HAS NOT LEGAL CAPACITY TO GIVE CONSENT.
County Court of L...... county,
Term 18.......
It is ordered by the court that it be endorsed upon the indenture wherein John Styles
is bound as an apprentice to John Jones, that the fact of the [incapacity, or desertion, or
drunkenness] of William Styles, the father of the said John Styles, has been proved.
PETER SPOON, Clerk, &c.
Witness:
No. 77.-REMOVAL OF AN APPRENTICE FROM THE STATE-AFFIDAVIT.
STATE OF MISSOURI,
County of L........
}ss.
John Smith states, that John Jones, to whom John Styles is bound as an apprentice, is
about to [remove, or cause to be removed, as the case may be,] such apprentice out of
this State.
Sworn to and subscribed, &c.
JOHN SMITH.
No. 78.-WARRANT AGAINST THE MASTER WHO IS ABOUT TO REMOVE APPRENTICE.
STATE OF MISSOURI,
County of L.........
SS.
The State of Missouri, to John Hawk, Constable of С......... township, in the county of
L........., greeting: -
John Jones, to whom John Styles is bound as an apprentice, being about to [remove, or
cause to be removed,] the said apprentice out of this State, as it appears to me, John Den,
a justice of the peace, within and for the county of L........., upon the oath of John
Smith: You are, therefore, commanded to take the body of the said John Jones, and have
him forthwith before the said John Den, justice as aforesaid, to answer the said complaint.
Given under my hand, this ...... day of
18......
....
JOHN DEN, Justice of the Peace.
No. 79.-BOND OF MASTER.
We, John Jones, as principal, and John Pen, as security, stand indebted to the State of
Missouri, in the sum of one thousand dollars, upon the condition: That if the said John
Jones shall not remove, or cause to be removed, without this State, one John Styles, bound
to him as an apprentice, and shall appear with the said apprentice before the County Court
of С......... county, in the State of Missouri, on the ...... day of ……... 18......, the first
day of the next term thereof, and abide the decision of the said court upon the matter of
complaint, this bond shall be void, otherwise it shall remain in full force.
Witness our signatures and seals, this
Attest:
JOHN DEN, Justice of the Peace.
......
day of........., 18......
[Signatures.] [Seal.]
1
1636
ATTACHMENT.
John Jones, Plaintiff,
against
John Smith, Defendant.
ATTACHMENT.
ATTACHMENT IN THE CIRCUIT COURT.
No. 80. AFFIDAVIT FOR AN ATTACHMENT.
}
Attachment in a civil action.
This affiant states that the plaintiff in the above entitled cause has a just demand
against the defendant therein, now due, [if not due, state when it will become due,] and
that the amount which this affiant believes the plaintiff ought to recover, after allowing all
just credits and set-offs, is ...... dollars and
dollars and ...... cents, and that this affiant has good reason
to believe, and does believe, that the defendant [here state some one or more of the causes
which authorize an attachment.]
DAVID C. MORRIS.
CHARLES GROLL, Clerk.
Subscribed and sworn to, &c.
No. 81. AFFIDAVIT FOR AN ATTACHMENT, WHERE THE DEBT IS LESS THAN FIFTY DOLLARS.
John Jones, Plaintiff,
against
John Smith, Defendant.
}
Attachment in a civil action.
This affiant states that the plaintiff in the above entitled cause has a just demand
against the defendant therein, now due, [or, if not due, state when it will become due,] and
that the amount which this affiant believes the plaintiff ought to recover, after allowing all
just credits and set-offs, is ...... dollars and ………….. cents, and that this affiant has good reason
to believe, and does believe, that the defendant [here state one or more of the causes which
authorize an attachment.] This affiant further states that the defendant has not, to this
affiant's knowledge, any goods, chattels, effects, or credits within this State, liable to an
attachment issued by a justice of the peace.
Charles L. Wells, Plaintiff,
against
John Smith, Defendant.
}
No. 82.-ATTACHMENT BOND.
Attachment in a civil action.
We, Charles L. Wells, as principal, and Louis H. Stahl and W. B. Williamson, as secu-
rities, acknowledge ourselves to be indebted to the State of Missouri, in the sum of
dollars, [to be a sum at least double the amount sworn to in the affidavit, ] for the payment
whereof we bind ourselves, our heirs, executors and administrators.
......
The condition of the above obligation is, that whereas, Charles Wells, as plaintiff, is
about to commence a suit by attachment in the court of C…..... county, against John
Smith, defendant, returnable to the next term thereof, wherein the sum sworn to is
[the amount sworn to in the affidavit] dollars. Now, if the said plaintiff shall prosecute
his action without delay, and with effect; refund all sums of money that may be adjudged
to be refunded to the defendant, or found to have been received by the plaintiff and not
justly due to him; and pay all damages that may accrue to any defendant or garnishee, by
reason of the attachment, or any process or proceeding in the suit, or by reason of any
judgment or process thereon, then this obligation is to be void, otherwise to remain in full
force.
Witness our hands and seals.
Approved this………….. day of …………..
CHARLES L. WELLS, [Seal.]
LOUIS H. STAHL, [Seal.]
18.......
GEORGE BARTLEY, Clerk.
W. B. WILLIAMSON. [Seal.]
ATTACHMENT.
1637
STATE OF MISSOURI,
County of Callaway.}
No. 83. — WRIT OF ATTACHMENT.
The State of Missouri, to the Sheriff of Callaway county, greeting:
We command you to attach John Jones, by all and singular his lands and tenements,
goods, chattels, rights, moneys, credits, evidences of debt, and effects, or so much thereof
as shall be sufficient to satisfy the sum of ...... dollars and cents, [amount sworn to,]
with interest and costs of suit, in whose possession soever the same may be found in your
county, and that you summon the said John Jones, that he be and appear before our Cir-
cuit Court of the county of Callaway, on the first day of the next term thereof, to be holden
at the court-house in Fulton, in the said county of Callaway, on the
day of
next, then and there to answer the petition of John Smith, wherein he asks judgment for
dollars and cents. And that you, also, summon Peter Ren and John Den, and
all other persons that you shall find in the possession of goods, money or effects of the de-
fendant, not actually seized by you, and all debtors of the defendant, and such other per-
sons as the plaintiff or his attorney shall direct, as garnishees, to be and appear before
our said court, at the time and place aforesaid, then and there to answer such allegations
and interrogatories as may be exhibited against them; and have you then and there this
writ.
L. S.
In testimony whereof, the undersigned, clerk of the said Callaway Circuit Court,
has hereto signed his name and affixed the seal of said court, at office, this
day of
18.......
GEORGE BARTLEY, Clerk.
No. 84.-ORDER OF PUBLICATION IN TERM-TIME.
John Smith, Plaintiff,
against
John Jones, Defendant.
}
Civil action by attachment.
...
.....
Now, at this day, comes the plaintiff by his attorney, and it appearing, to the satisfac-
tion of the court, that the defendant, John Jones, cannot be summoned in this action, it is
ordered by the court that publication be made, notifying him that an action has been com-
menced against him by petition and attachment, in the Circuit Court of Callaway county,
in the State of Missouri, founded on a note [or account, or other cause of action, as the
case may be,] for the sum of dollars and cents; that his property has been
attached; and unless he be and appear at the next term of this court, to be holden at the
court-house in Fulton, in the county of Callaway, on the
18......, and
on or before the third day thereof, (if the term shall so long continue, and if not, then be-
fore the end of the term,) judgment will be rendered against him, and his property sold to
satisfy the same. It is further ordered that a copy hereof be published in the
paper published in the county of Callaway, for four weeks successively, the last insertion
to be at least four weeks before the commencement of the next term of this court.
day of
?
a news-
A true copy.
Attest:
GEORGE BARTLEY, Clerk.
No. 85. AFFIDAVIT FOR PUBLICATION IN VACATION.
Joab Gilmore, Plaintiff,
against
John Smith, Defendant.
Civil action by attachment.
This affiant says that John Smith, the defendant in the above entitled cause, is a non-
resident of this State, [or has absconded from his usual place of abode in this State, or
1638
ATTACHMENT.
some other cause that will authorize a publication,] so that the ordinary process of law
cannot be served upon him.
Subscribed and sworn to before me, this ...... day of ......
JOAB GILMORE.
18......
SAMUEL D. LUCAS, Clerk.
No. 86. —OrdER OF PUBLICATION, BY THE CLERK IN VACATION.
Joab Gilmore, Plaintiff,
against
John Smith, Defendant.
}
Civil action by attachment.
Now at this day comes Joab Gilmore, the plaintiff in the above entitled cause, before
the undersigned, clerk of the Circuit Court of Jackson county, in vacation, and files his
petition and affidavit, stating, amongst other things, that the above-named defendant, John
Smith, is a non-resident of this State: [or whatever cause is stated in the affidavit to
authorize a publication:] It is thereupon ordered by the clerk aforesaid, in vacation, that
publication be made, notifying him that an action has been commenced against him, by peti-
tion and attachment, in the Circuit Court of Jackson county, in the State of Missouri,
founded on a note or account, [or other cause of action, as the case may require,] for the
dollars and cents, that his property is about to be attached, and that
unless he be and appear at the next term of said Court, to be holden at the court-house in
Independence, within the county of Jackson, on the day of ..... 18......, and on or
before the third day thereof, (if the term shall so long continue, and if not, then before the
end of the term,) judgment will be rendered against him, and his property sold to satisfy
the same.
It is further ordered that a copy hereof be published in the
....... a newspaper
published in said county of Jackson, for four weeks successively, the last insertion to be at
least four weeks before the commencement of the next term of said court.
sum of
......
……………………..,
A true copy.
Attest:
SAMUEL D. LUCAS, Clerk.
No. 87.—SUMMONS TO GARNISHEE, WHEN CREDITS ARE TO BE ATTACHED IN HIS HANds.
John Jones, Plaintiff,
against
John Smith, Defendant.
Attachment in a civil action.
To Richard Ren, Garnishee: You are hereby notified that I attach in your hands all
debts due by you to John Smith, the defendant in the above entitled cause, or so much
thereof as will be sufficient to satisfy the sum of dollars and ...... cents, [the amount
sworn to by plaintiff,] with interest and costs of suit; and to be and appear before the
Circuit Court of Jackson county, to be holden at the court-house in the city of Indepen-
dence, in the said county of Jackson, on the Monday of
18......, then and
there to answer such allegations and interrogatories as may be exhibited by John Jones,
the plaintiff in the above entitled cause.
Witness my signature, this ...... day of ………..
18......
...
BILLY BOTTS, Sheriff of Jackson county.
-
No. 88. SUMMONS TO GARNISHEE, WHEN GOODS, MONEY, ETC., ARE TO BE ATTACHED.
[Caption as in the preceding form.]
To Stephen Rice, Garnishee: You are hereby notified that I attach in your hands, as
the property and effects, [or money,] of John Smith, the defendant in the above entitled
cause, [one slave named Isaac, one mule, one hundred dollars in money, or whatever else
may be attached in the hands of the garnishee, describing what is attached as near as may
be,] and to be and appear before the Circuit Court of Callaway county, to be holden at
ATTACHMENT.
1639
the said county of Callaway, on the Monday in the month of .....
......
18......, then
nd there to answer such allegations and interrogatories as may be exhibited by John
ones, the plaintiff in the above entitled cause.
Witness my signature, this ...... day of
18......
WILLIAM T. SNELL, Sheriff of Callaway county.
ATTACHMENT BEFORE JUSTICES OF THE PEACE.
No. 89. SUMMONS TO GARNISHEE, WHEN GOODS, MONEY, &C., ARE TO BE ATTACHED.
John Jones, Plaintiff,
against
ohn Smith, Defendant.
}
Attachment before Joel Palmer, J. P.
To Richard Ren, Garnishee: You are notified that I attach in your hands, as the pro-
berty and effects of John Smith, the defendant in the above entitled cause, [one mule, one
horse, twenty dollars in money, or whatever may be attached, describing what is attached
as near as may be,] and to be and appear before Joel Palmer, a justice of the peace within
nd for the township of C......, in the county of Callaway, at his office in said township, on
he
day of 18......, [the return day of the writ of attachment,] then and there
o answer such interrogatories as may be put to you by the said justice.
This ...... day of
18......
AUGUSTUS F. MEYERS, Constable of C...... Township.
No. 90. SUMMONS TO GARNISHEE, WHEN CREDITS ARE TO BE ATTACHED.
John Jones, Plaintiff,
against
John Smith, Defendant.
Attachment before Joel Palmer, J. P.
To Richard Ren, Garnishee: You are notified that I attach in your hands all the debts
lue by you to John Smith, the defendant in the above entitled cause, or so much thereof
as will be sufficient to satisfy the sum of
...... dollars and
cents, [the amount sued for,]
with interest and costs of suit; and to be and appear before Joel Palmer, a justice of the
beace within and for the township of C......, in the county of C......, at his office in said
township, on the ...... day of
18......, [the return day of the writ of attachment,]
then and there to answer such interrogatories as may be put to you by the said justice.
This ...... day of
18......
AUGUSTUS F. MEYERS, Constable of C...... Township.
No. 91. NOTICE TO DEFENDANT IN ATTACHMENT.
W. B. Williamson, Plaintiff,
against
John Smith, Defendant.
Attachment before Joel Palmer, J. P.
To John Smith, defendant in the above entitled cause: Pursuant to the order of Joel
Palmer, a justice of the peace within and for the township of C........., in the county of
C........., I hereby notify you that a writ of attachment and summons has been issued
against you, and that your property has been attached to satisfy the sum of ...... dollars
and cents, the demand of the plaintiff in the above entitled cause, and that unless
you appear before the said Joel Palmer, justice, as aforesaid, on the
day of
18......, [his next law-day,] at his office, in the township and county aforesaid, judgment
will be rendered against you, and your property sold to pay the demand of the plaintiff.
This
day of ..... 18.......
W. B. WILLIAMSON, Plaintiff.
......
....
*X VOL. II.
1640
ATTACHMENT.
No. 92. SPECIAL EXECUTION, WHERE THE DEFENDANT DOES NOT APPEAR.
STATE OF MISSOURI,
County of
} s
SS.
The State of Missouri, to Charles Groll, Constable of C......... township, in the count
of C........., greeting:
Whereas, John Jones has obtained judgment before the undersigned, a justice of th
peace within and for the township and county aforesaid, against John Smith, for the su
of
dollars and .... cents, for his debt, [or damages, as the case may be,] and, als
dollars for his costs, in a certain action commenced by a writ of attachment; b
virtue of which writ, certain goods, chattels, moneys and effects: namely, [one mule, or
horse, one stack of oats, and one bag of money containing fifty dollars, describing th
things attached correctly,] of the said John Smith were attached, as appears by th
return of said writ: You are, therefore, commanded to levy the same of the said money
goods, chattels and effects, according to law: You are further commanded to return thi
writ to the undersigned justice, within days from the date thereof, and certify ho
you have executed the same.
Given under my hand, this ...... day of ………………….
18.......
JOAB GILMORE, Justice of the Peace.
[NOTE.-If defendant appear, the execution will be in the usual form.]
No. 93.-EXECUTION AGAINST A GARNISHEE.
STATE OF MISSOURI,
County of ........ss.
The State of Missouri to John Hawk, Constable of C......... township, in the county o
C........., greeting: -
Whereas, John Jones has obtained judgment before the undersigned, a justice of th
peace within and for the township and county aforesaid, against John Styles, for the sun
of ...... dollars and ...... cents, [and if the judgment be, also, for costs against the garnishee
add, and for dollars for his costs,] in a certain action commenced by writ of at
tachment, wherein John Jones was plaintiff, and John Smith was defendant, and Joh
Styles, garnishee: You are, therefore, commanded to levy the same of the goods and
chattels of the said John Styles, according to law: You are further commanded to retur
this writ to the undersigned justice, within days from the date hereof, and certif
how you have executed the same.
Given under my hand, this ...... day of
18.......
LOUIS H. STAHL, Justice of the Peace.
John Jones, Plaintiff,
against
No. 94.-BOND TO DISSOLVE AN ATTACHMENT.
John Smith, Defendant.
.....
}
Before David C. Morris, Justice of the Peace.
We, John Smith, the defendant in the above entitled cause, as principal, and Joh
Brown, as security, stand indebted to John Jones, the above named plaintiff, in the sum
of dollars, [the sum to be double the value of the property, effects and credits, at
tached,] upon this condition: That if the said John Smith shall have the property, effects
and credits, attached in the above entitled cause: that is to say, [here describe such pro-
perty, effects and credits, ] forthcoming when and where the said David C. Morris, justice
of the peace within and for C......... township, in the county of C........., shall direct, and
BOATMEN.
1641
further abide the judgment which shall be rendered in the said cause, this bond shall be
void, otherwise it shall remain in full force.
Witness, &c.
[Signatures.]
[Seal.]
This bond is approved by me, this ...... day of ......
18.......
DAVID C. MORRIS, Justice of the Peace.
......
No. 95.-BOND TO DISSOLVE AN ATTACHMENT.
We, John Smith, the defendant in the above entitled cause, as principal, and John
Brown, as security, stand indebted to John Jones, the above named plaintiff, in the sum
of dollars, [the sum to be sufficient to satisfy the debt sworn to, interest and costs,]
upon this condition: That if the said John Smith shall pay to the said John Jones the
amount which may be adjudged in favor of the said John Jones, with interest, and all
costs of suit, on or before the first day of the next term after that at which judgment shall
be rendered, then this bond to be void, otherwise it shall remain in full force.
[NOTE.-Caption and conclusion as in precedent No. 94.]
sum of
No. 96.-BOND OF DEFENDANT WHO RETAINS THE PROPERTY ATTACHED.
Caption as in precedent No. 94.
We, John Smith, [defendant or garnishee, as the case may be,] in the above entitled
cause, as principal, and John Brown, as security, stand indebted to John G. Carter, con-
stable of Fulton township, in the county of Callaway, his successor or assigns, in the
dollars, [a sum at least double the value of the property attached,] upon
the condition: That if the said John Smith shall have the property found in his possession,
and attached by virtue of a certain writ of attachment, now in the possession of the said
John G. Carter, constable as aforesaid: that is to say, [here describe the property at-
tached,] in a certain suit now pending before Charles Groll, a justice of the peace within
and for the township and county aforesaid, wherein John Jones is plaintiff, and the said
John Smith is defendant, forthcoming when and where the said justice shall direct, and
further abide the judgment of the said justice, this bond shall be void, otherwise it shall
remain in full force.
Witness our signatures and seals, this day of
Attest:
JOHN G. CARTER, Constable.
18.......
JOHN SMITH, [Seal.]
JOHN BROWN. [Seal.]
[NOTE. This form can easily be adapted to the purpose of a sheriff, where the suit is pending in the Circuit
Court.]
BOATMEN.
No. 97.-BOND OF A BOATMAN TO DO HIS DUTY.
We, Charles Groll, as principal, and John Stove, as security, stand indebted to Ben Bolt,
in the sum of ...... hundred dollars, [not less than two hundred,] upon condition, that if
the said Charles Groll, who is engaged as a boatman to serve on board the steamboat, [or
other vessel,] called the Sam Cloon, whereof the said Ben Bolt is [master or commander,]
shall, during the remainder of the voyage of said steamboat, do his duty according to his
contract, this bond shall be void, otherwise, it shall remain in full force.
Witness, &c.
CHARLES GROLL, [Seal.]
JOHN STOVE. [Seal.]
Approved
day of ……………………., 18......
JOHN DEN, Justice of the Peace.
1642
CENSUS TABLE.

INSANE.
COUNTY, MISSOURI, TAKEN IN THE YEAR OF OUR LORD,
CONGRESSIONAL
FREE
FREE
TOWNSHIP,
TOTAL.
FREE
PERSONS OF
SLAVES.
DEAF AND DUMB.
BLIND.
WHITE MALES.
WHITE FEMALES.
NO.
COLOR.
.......
White....
Age
Females.....
REMARKS.
Total Population....
Length of time they have been
insane..
Black.....
..
Age
Males.....
Number taught to Read and Write.
Black………..
White...
Age...
Females....
Age.
Males...
Number taught to Read and Write
Black....
White...
Age....
Females
Age.....
Males....
Total
...
Females....
Males.....
Total.
Females
Males.....
...
Number of Free White Persons
taught to Read and Write……………….
Free White Persons between the
age of six and eighteen....
Total Free White Population..
Total Free White Females...
of forty-five years and upwards...
Of twenty-one, and under 45 years
Of eighteen, and under 21 years...
Of ten, and under eighteen years..
Under ten years of age...
Total Free White Males.....
Of forty-five years and upwards.
Of twenty-one, and under 45 years.
Of eighteen and under 21 years……..
Of ten, and under eighteen years.
Under ten years of age.....
No. 98. — CENSUS OF
NAMES
OF
HEADS
OF
FAMILIES.
CONVEYANCES.
1643
CONVEYANCES.
No. 99.-DEED BY HUSBAND AND WIFE, OR UNMARRIED PERSON, WITH COVENANTS OF
GENERAL WARRANTY.
......
....
Know all men by these presents, that [if a married man, say, we, John Smith and Anna
Smith, the wife of the said John; or, if single, say, I, John Smith,] of the county of
C........., in the State of Missouri, have this day, for, and in consideration of, the sum of
dollars, to the said John Smith in hand paid, by John Jones, of the county of H…………….,
in the State of granted, bargained and sold, and, by these presents, do grant, bar-
gain and sell, unto the said John Jones, the following described tracts or parcels of land,
situate in the county of C…........., in the State of Missouri: that is to say, [here describe the
land sold.] To have and to hold the premises hereby conveyed, with all the rights, privi-
leges and appurtenances thereto belonging, or in any wise appertaining, unto the said John
Jones, his heirs and assigns, forever. (A) I, the said John Smith, hereby covenanting to
and with the said John Jones, his heirs and assigns, for himself, his heirs, executors and
administrators, (B) to warrant and defend the title to the premises hereby conveyed
against the claim of every person whatsoever.
In witness whereof...... have hereto subscribed
this day of .......
......
18......
.......
......
name... and affixed
......
seal...,
[Seal.]
[Seal.]
No. 100.-DEED BY HUSBAND AND WIFE, OR UNMARRIED PERSON, WITH COVENANT OF SPECIAL
WARRANTY.
[Proceed as in No. 99, to the letter (B), then say,] to warrant and defend the title to
the premises hereby conveyed against the claim of every person whatsoever, claiming by,
through, or under him.
have hereto subscribed
In witness whereof,
this..... day of ………………….., 18…………..
name... and affixed
seal...,
[Seal.]
[Seal.]
day of......
18......
No. 101.-DEED, WITHOUT WARRANTY.
[Proceed as in No. 99, to the letter (A), then say,]
In witness whereof, ...... have hereto subscribed
this
......
name….. and affixed ………….. seal...,
......
JOHN GRIESHAMMER, [Seal.]
IGNAZ A. NIGLAS.
[Seal.]
[NOTE.-If the grantor do not intend the words "grant, bargain and sell," to have the effect of express cove-
nants, as declared in the statute, he should restrain their operation, in express terms, in the deed, to the effect
that they are not intended to operate as covenants of warranty.]
No. 102.-QUITCLAIM DEED BY HUSBAND AND WIFE, OR BY A SINGLE PERSON.
Know all men by these presents, that [if a married man, say, we, John Smith and Ann
Smith, the wife of the said John; or, if single, say, I, John Smith,] of the county of C......,
in the State of Missouri, for and in consideration of the sum of ..... dollars, to the said
John Smith in hand paid, by John Jones, of the county of H......, in the State of V.………..,
(the receipt whereof is hereby acknowledged,) do by these presents remise, release and for-
ever quitclaim, unto the said John Jones, and to his heirs and assigns, the following
described tract or parcel of land, situate in the county of C......, in the State of Missouri:
[here describe the land.]
In witness whereof, ...... have hereto subscribed
this..... day of .....
18......
name..., and affixed ………….. seal...,
......
[Seal.]
[Seal.]
1644
CONVEYANCES.
+
No. 103. - DEED OF TRUST TO LANDS FOR THE PAYMENT OF DEBTS.
day of
This deed of trust, made and entered into this
one thousand eight
hundred and fifty ......, by and between John Smith, and Jane Smith, his wife, of the first
part, and John Jones, of the second part, and Richard Fen, of the third part, WITNESSETH:
That the said parties of the first part, in consideration of the debt and trust hereinafter
mentioned and created, and of the sum of one dollar to them paid by the said party of the
second part, (the receipt of which is hereby acknowledged,) do by these presents grant, bar-
gain and sell, unto the said party of the second part, and to his heirs and assigns forever,
the following described tract of land, situate in the county of Cole and State of Missouri,
to wit: [here describe it,] with all rights, privileges and appurtenances, thereto belonging.
In trust, however, for the following purpose: Whereas, the said John Smith did, on the
...... day of
day of ..... 18......, make and deliver to one Richard Fen his promissory note, in
words and figures, as follows: [here copy the note.] Now, if the said John Smith, his exe-
cutors or administrators, shall pay the sum of money specified in said note, with all the
interest that may be due thereon, when said note shall become due and payable, according
to the tenor and effect thereof, [or within days from the date of this deed,] then this
deed shall be void, and the property herein before conveyed shall be released at the ex-
pense of the said John Smith, otherwise the same shall remain in full force; and the said
John Jones may proceed to sell the property herein before described, or so much thereof
as may be necessary to pay the amount specified in said note, with interest, and the costs of
this trust, at public vendue, for cash, at in the county of C......, first giving
>
days' notice of the time, terms and place of sale, and of the property to be sold, by adver-
tisement, in some newspaper published in the county of C......, in the State of Missouri,
[or in such other manner as the parties may agree to;] and, upon the sale, and the payment
of the purchase-money, shall execute and deliver a deed to the property sold, to the pur-
chaser; and any statement of facts or recital by the said trustee, in relation to the non-
payment of the money secured to be paid, the advertisement, sale, receipt of the money,
and the execution of the deed to the purchaser, shall be received as prima facie evidence of
such facts; and the said trustee shall, out of the proceeds of such sale, pay, first, the cost
and expenses of this trust, and, next, whatever may be in arrear and unpaid on the note
aforesaid, and the balance (if any) shall be paid to the said John Smith, or his legal repre-
sentatives. And the said John Jones, trustee as aforesaid, covenants to and with the said
John Smith, and the said Richard Fen, severally, faithfully to perform and fulfill the trust
herein created.
In witness whereof, we, the said parties, have hereunto subscribed our names and affixed
our seals, this ...... day of ......
……………………., 18......
JOHN SMITH, [Seal.]
JANE SMITH, [Seal.]
RICHARD FEN, [Seal.]
JOHN JONES. [Seal.]
No. 104.-DEED BY A TRUSTEE.
Whereas, John Smith, and Ann Smith, the wife of the said John, on the
day of
18......, executed and delivered to John Jones his deed to certain lands in the said
deed specified: that is to say, [here describe the land as described in the deed of trust,]
and in trust for the purposes therein mentioned; and whereas, the sum of money mentioned
in said deed, and the interest thereon, remained unpaid at and after the time specified in
said deed for its payment; and whereas, also, the said John Jones, in pursuance of the
power and authority vested in him by the deed aforesaid, did advertise the property in said
deed mentioned for sale, by publication in a newspaper, called published in the
CONVEYANCES.
1645
ounty of C......, in the State of Missouri, [or in the manner provided in the deed of trust,
s the facts may be,] at least days before the day of sale, notifying all whom it might
day of
oncern, that the said property would be sold, on the
18......, at
the county of С......, for cash in hand; and whereas, the said John Jones, on the day
nd year, at the place and on the terms, last aforesaid, did offer the property aforesaid for
ale, at public vendue, and Peter Hen, being the highest and best bidder therefor, became
he purchaser thereof, at and for the sum of ...... dollars, the receipt whereof is hereby
cknowledged. Now, therefore, in consideration of the premises, I, the said John Jones,
y these presents, do grant, alien and convey, unto the said Peter Hen, his heirs and as-
igns, all the right, title and interest, which I acquired in and to the above described lands,
nd the rights, privileges and appurtenances, thereto belonging, by virtue of the above
ecited deed, to have and to hold the premises hereby conveyed, together with all the rights,
rivileges and appurtenances, aforesaid, unto him, the said Peter Hen, his heirs and assigns,
forever.
In witness whereof, I have hereto subscribed my name and affixed my seal, this
day of ......
18......
JOHN JONES, [Seal.]
No. 105.-COMMON MORTGAGE.
day of
[Proceed as in No. 99, to the letter (A), then say:] upon this express condition: (A)
whereas, the said John Smith, on the
18......, [or, has this day] made,
executed and delivered to the said John Jones his certain promissory ncte, in words and
figures following, to wit: [here copy the note.]. Now, if the said John Smith, his executor
or administrator, shall pay the sum of money specified in said note, and all the interest
that may be due thereon, according to the tenor and effect of said note, then this convey-
ance shall be void, otherwise it shall remain in full force and virtue in law. (A)
In witness, &c.
No. 106.-MORTGAGE WITH POWER OF SALE IN THE MORTGAGEE.
[Proceed as in No. 99, to the letter (A), then say:] upon this express condition: [then
proceed as in No. 105, from the letter (A) to (A), then say:] And the said John Jones, or
his executor or administrator, may proceed to sell the property herein before described, or
any part thereof, at public vendue, to the highest bidder, at in the county of C......,
for cash in hand, first giving days' public notice of the time, terms and place of sale,
and of the property to be sold, by advertisement [in some newspaper, printed or circulated
in the county where the premises are situate, or any mode of advertisement agreed upon
by the parties;] and, upon such sale, and the payment of the purchase-money, shall execute
and deliver a conveyance of the property so sold to the purchaser thereof; and any state-
ment of fact or recital, by the said John Jones, in such conveyance, in relation to the adver-
tisement, sale, receipt of the purchase-money, or execution of such conveyance, shall be
received as prima facie evidence of the truth thereof. And the said John Jones shall, with
the proceeds of the sale aforesaid, pay, first, the expenses of this trust, and, next, whatever
may be in arrear and unpaid on said note, whether of principal or interest; and the balance
(if any) shall be paid over to the said John Smith, or his legal representatives.
In witness whereof, &c.
No. 107. SHERIFF'S Deed.
To all to whom these presents shall come, I, William T. Snell, of the county of
State of Missouri, send greeting:
......
Whereas, on the day of .... in the year of our Lord one thousand eight hun-
dred and fifty......, a judgment was rendered in the Circuit Court of the county of
1646
CONVEYANCES.
dollars for debt, and
dollars for
in favor of A B, against C D, for the sum of
damages, upon which judgment an execution issued from the clerk's office of said court,
in favor of the said A B, against the said C D, dated the
directed to the sheriff of the county of
the ...... day of …………..
on the
day of
......
day of
....., 18......,
and the same was to me delivered on
18......; by virtue of which said execution, I, the said sheriff, did,
………., 18……………., levy upon and seize all the right, title, interest and
estate of the said C D, of, in and to, the following described real estate, situate in my said
county, to wit: [here recite the proper description of the real estate seized;] and having,
previously to the day of sale hereinafter mentioned, given at least twenty days' notice of
the time and place of sale, and of the real estate to be sold, and where situate, as the law
directs, by [at least six hand-bills, signed by me, the said sheriff, and put up in public
places, in different parts of my said county, or advertisements in the
of
....
>
a newspaper
printed in my said county;] by virtue of which said execution and notice I did, on the
day of........., 18......, between the hours of nine in the forenoon, and five in the
afternoon of that day, agreeably to said notice, at the court-house door in my said county
………., during the session of the Circuit Court of my said county, at the October term
thereof, for the year one thousand eight hundred and fifty......, expose to sale, at public
auction, for ready money, all the right, title, interest and estate of the said C D, of, in
and to, the above described real estate; and G H, being the highest and last bidder for
said real estate, at the price and sum of ...... dollars, the same was stricken off and sold
to the said G H for that sum. Now, therefore, in consideration of the premises, and of
the said sum of dollars, to me, the said sheriff, in hand paid by the said G H, (the
receipt whereof I do hereby acknowledge,) and by virtue of the authority in me vested,
by law, I, William T. Snell, sheriff as aforesaid, do hereby assign, transfer and convey, to
the said G H, all the right, title, interest and estate of the said C D, of, in and to, the
above described property that I might sell as sheriff, as aforesaid, by virtue of the afore-
said execution and notice. To have and to hold the right, title, interest and estate, hereby
conveyed unto the said G H, his heirs and assigns forever, with all rights and appurte-
nances thereto belonging.
......
have hereto
In witness whereof, I, William T. Snell, sheriff of the county of
set my hand and affixed my seal, this, the ...... day of ……….., A. D. 18.......
WILLIAM T. SNELL, Sheriff. [Seal.]
No. 108.-ADMINISTRATOR'S DEED.
To all to whom these presents shall come, I, John B. Morris, administrator of the estate
of John Taylor, deceased, send greeting:
Whereas, on the ...... day of
in the year of our Lord one thousand eight hun-
dred and fifty......, the County Court of the county of Audrain, in the State of Missouri,
at the November term, one thousand eight hundred and fifty-five, of said Court, ordered,
by an entry of record, that I, as administrator of said estate, sell at public sale, on a credit
of twelve months, the [here describe the real estate,] situate in the said county of Audrain,
or so much thereof as may be necessary to pay the debts of said estate. And whereas,
previously to the day of sale hereinafter mentioned, I, as such administrator, caused a
notice, that said real estate would be sold at public sale, on the ...... day of ….... ....., 18......,
while the County Court of said county of Audrain was in session, at the court-house door
of said county, on a credit of twelve months, to be published in the
a newspaper
published in this State, for four weeks, and a copy of such notice, to be put up in ten
public places in said county, twenty days before the day of sale. And whereas, previously
to such day of sale, I, as such administrator, had said real estate appraised in due form of
law, by William West, John Muldrow and David Smart, three disinterested householders
of said county, who, on the ...... day of
18......, having first made the affidavit
CONVEYANCES.
1647
required by law, appraised said real estate to be of the value of ...... dollars, and so cer-
tified in their certificate of appraisement; by virtue of which said order of sale, notice
and appraisement, and the power in me, by law, vested so to do, I, as such administrator;
did, on said ...... day of
18......, between the hours of nine in the forenoon and
five in the afternoon of that day, at the court-house door of said county of Audrain, while
the County Court of said county was in session, expose to sale openly at public auction,
on a credit of twelve months, all the right, title and interest, which said John Taylor had
in and to said real estate at the time of his death; and George Cardwell being the highest
and last bidder for said real estate, at the price and sum of dollars, the same was
stricken off and sold to the said George Cardwell for that sum. And whereas, at the term
of the County Court of said county of Audrain next following the sale of said real estate;
being the November term, 18......, of said County Court, and on the day of November,
18……………., I, as such administrator, made to said court a report, verified by my affidavit, as
the law directs, and accompanied by the certificate of appraisement, and a copy of the
advertisement of my proceedings touching such sale, including the manner, time, terms
and place of sale, and of the property sold, and to whom sold, all as heretofore set forth,
and which report was thereupon approved by said Court, by its proper order entered of
record. Now, therefore, in consideration of the premises, and of the said sum of
dollars to me, said administrator, paid by the said George Cardwell, (the receipt whereof I
do hereby acknowledge,) and by virtue of the authority in me vested, by law, I, John B.
Morris, administrator as aforesaid, do hereby grant, sell and convey, to the said George
Cardwell, all the right, title and interest, which the said John Taylor had of, in and to, said
real estate at the time of his death. To have and to hold the right, title and interest,
hereby conveyed unto the said George Cardwell, his heirs and assigns, forever, with all
rights and privileges thereto belonging.
In witness whereof, I, John B. Morris, administrator as aforesaid, have hereto set my
hand and affixed my seal, this ...... day of
18......
JOHN B. MORRIS, Administrator. [Seal.]
No. 109. ACKNOWLEDGMENT OF THE GRANTOR ALONE.
STATE OF MISSOURI,
County of
}
SS.
Be it remembered, that A B, who is personally known to the undersigned, a justice of
the peace within and for said county, [or other officer, as the case may be,] to be the per-
son whose name is subscribed to the within [or foregoing] deed, as a party thereto, this
day appeared before me, and acknowledged that he executed and delivered the same, as-
his voluntary act and deed, for the uses and purposes therein contained.
Given under my hand, this ...... day of
……………………., 18......
C F, Justice of the Peace..
No. 110.-OF THE GRANTOR AND WIFE, TO EXTINGUISH DOWER,
STATE OF MISSOURI,
County of
}ss.
Be it remembered, that A B, and C, his wife, who are personally known to the under--
signed, a justice of the peace within and for said county, [or other officer,] to be the per-
sons whose names are subscribed to the within [or foregoing] deed, as parties thereto, this
day appeared before me, and acknowledged that they executed and delivered the same, as
their voluntary act and deed, for the uses and purposes therein contained. And the said
C, being by me made acquainted with the contents of said deed, acknowledged, on an ex--
*x 2—VOL. II.
1648
CONVEYANCES.
amination apart from her said husband, that she executed the same, and relinquishes her
dower in the real estate therein mentioned, freely, and without compulsion or undue in-
fluence of her said husband.
Given under my hand, this day of ….…………………., 18......
.....
C F, Justice of the Peace.
No. 111.-OF THE GRANTOR AND WIFE, TO CONVEY WIFE'S ESTATE.
STATE OF MISSOURI,
County of
}ss.
Be it remembered, that A B, and C, his wife, who are personally known to the under-
signed, clerk of the Circuit Court of said county, [or judge,] to be the persons whose
names are subscribed to the within [or foregoing] deed, as parties thereto, this day ap-
peared before me, and acknowledged that they executed and delivered the same, as their
voluntary act and deed, for the uses and purposes therein contained. And the said C being
by me made acquainted with the contents of said deed, acknowledged, on an examination
apart from her said husband, that she executed the same freely, and without compulsion
or undue influence of her said husband.
In testimony whereof, &c.
STATE OF MISSOURI,
County of
No. 112.-PROVED BY A SUBSCRIBING WITNESS.
}ss.
Be it remembered that C D, who is personally known to the undersigned, a justice of
the peace within and for said county, to be the same person whose name is subscribed to
the within and foregoing deed as a witness thereto, this day appeared before me; and the
said C D, having been by me duly sworn, deposes and says, that A B, whose name is sub-
scribed to said deed as a party thereto, is the person who executed the said deed, and that
said C D subscribed his name to said deed as a witness thereof.
In witness whereof, &c.
No. 113.-GRANTOR NOT KNOWN, BUT IDENTITY PROVEN BY WITNESSES.
STATE OF MISSOURI,
County of
} s
SS.
Be it remembered, that A B this day appeared before the undersigned justice of the
peace within and for said county, and C D and E F, two witnesses, having been by me
first duly sworn, depose and say, that the said A B is the person whose name is subscribed
to the within and foregoing deed as a party thereto, and the said A B then and there
acknowledged that he executed and delivered the same, as his voluntary act and deed, for
the uses and purposes therein contained.
In witness whereof, &c.
No. 114.-OF CONVEYANCE BY POWER OF ATTORNEY.
STATE OF MISSOURI,
County of C........} $8.
Be it remembered, that John Pen, who is personally known to the undersigned, John
Den, justice of the peace within and for the county of C........., aforesaid, to be the person
who subscribed the name of John Dodd to the above and foregoing deed or instrument of
writing as a party thereto, as attorney in fact of the said John Dodd, personally appeared
before me, on the ………….. day of
18………….., and acknowledged that he executed the said
...
CRIMES AND MISDEMEANORS.
1649
eed or instrument of writing, as the act and deed of the said John Dodd, for the purposes
herein mentioned.
Taken and certified the day and year aforesaid.
JOHN DEN, Justice of the Peace.
No. 115.-POWER OF ATTORNEY TO SELL LANDS.
Know all men by these presents, that I, John Doe, have this day made, constituted and
ppointed, and do, by these presents, make, constitute and appoint, Jacob Faithful, of
y true and lawful attorney, for me, and in my name, to sell and dispose of, absolutely,
fee-simple, the following described tract of land, or any part thereof, in the county of
........ and State of Missouri, to wit: [here describe it,] for such price, or sum of money,
nd to such person or persons, as he shall think fit and convenient; and, also, for me, and
my name, and as my act and deed, to sign, execute, acknowledge and deliver, such deed
r deeds, and conveyance or conveyances, for the absolute sale and disposal thereof, or of
ny part thereof, with such clause or clauses, covenant or covenants, and agreement or
greements, to be therein contained, as my said attorney shall think fit and expedient;
ereby ratifying and confirming all such deeds, conveyances, bargains and sales, which
hall, at any time hereafter, be made by my said attorney, touching or concerning the
remises.
Given under my hand and seal, this day of ...... 18......
......
JOHN DOE. [Seal.]
No. 116. BILL OF SALE OF SLAVES.
Know all men by these presents, that I, John Doe, of
for and in consideration
(the receipt
f the sum of ...... dollars, to me in hand paid by John Smith, of
whereof is hereby acknowledged,) do, by these presents, bargain, sell, transfer, assign and
eliver, unto the said John Smith, his executors, administrators and assigns, a negro man,
lave for life, called and known by the name of Dick, now of the age of thirty years, of a
ery dark or black complexion, five feet six inches high, has a scar or mark on his nose,
nd another above his right eye, &c., [the age and distinguishing marks, as nearly as may
be, and the name of the slave, to be inserted,] together with all my right, title, interest,
laim and demand, of, in and to, the said negro man slave. To have and to hold the said
negro slave, above bargained and sold, or intended so to be, to the said John Smith, his ex-
ecutors, administrators and assigns, forever. [And the said John Doe, for himself, his
heirs, executors and administrators, does hereby covenant to and with the said John Smith,
his executors, administrators and assigns, that said negro man is a slave for life, and that
he is perfectly sound, both in body and mind.]
In testimony whereof, &c.
[Seal.]
[NOTE.—This form may serve for any other personal property, and may be acknowledged or proven in the
same manner as deeds, and recorded.]
CRIMES AND MISDEMEANORS.
ASSAULT AND BATTERY.
No. 117.-WARRANT TO APPREHEND OFFENDER, UPON VIEW OF THE JUSTICE.
The State of Missouri to the Sheriff of
in said county, greeting:
county, or any Constable of
......
township
aforesaid,
Whereas, I, L M, a justice of the peace within and for the county of
on the ...... day of
18......, did see one A B unlawfully assault and beat one C D,
or unlawfully threaten one C D, in a menacing manner.] These are, therefore, to com-
1650
CRIMES AND MISDEMEANORS.
mand you, the said forthwith to apprehend the said A B, and bring him before m
to answer the premises, and further to be dealt with, according to law.
Given under my hand, this ...... day of ……………..
…………., 18.......
L M, Justice of the Peace.
No. 118.-WARRANT FOR ASSAULT, ON INFORMATION.
The State of Missouri to the Sheriff of
county, or any Constable of
township
in said county, greeting:-
Whereas, complaint hath been made before me, a justice of the peace within and for
the county of ………….. aforesaid, upon the oath of A B, of …...
……………., that C D, of
did un-
lawfully assault and beat him, the said A B, at the county aforesaid. These are, there-
fore, to command you, &c., [conclude as in No. 117.]
No. 119.-WARRANT TO APPREHEND AFFRAYERS, ON THE VIEW OF THE JUSTICE.
The State of Missouri to the Sheriff of
the
in said county, greeting:
......
day of
county, or any Constable of
township
Whereas, I, L M, a justice of the peace within and for the county of ...... aforesaid, on
18......, did see one A B, of and one € D, of ......, in a
tumultuous manner, make an affray, wherein, &c., [here state the acts done, if any.]
These are to command you, &c., [conclude as in No. 117.]
No. 120.—WARRANT FOR AFFRAY, ON INFORMATION.
The State of Missouri to the Sheriff of
in said county, greeting:
county, or any Constable of ...... township
Whereas, complaint hath been made before me, a justice of the peace within and for
the county of aforesaid, upon the oath of A B, of that one E F, of ... and
one G H, of in a tumultuous manner, made an affray, wherein, &c., [here state the
These are, therefore, to command you, &c., [conclude as in No. 117.]|
acts done, if any.]
No. 121. RECOGNIZANCE FOR APPEARANCE BEFORE THE JUSTICE OF THE PEACE FOR
STATE OF MISSOURI,
County of .......} ss.
Be it remembered that, on the
TRIAL.
...
day of
and C D, of
in the year of our Lord 18......,
personally came before me, L M, a justice of the peace within and for the county of
aforesaid, A B, of
and acknowledge themselves indebted to the
State of Missouri: that is to say, the said A B, in the sum of ...... dollars, and the said CD,
in the like sum of dollars, to be levied of their respective goods and chattels, lands
and tenements; (C) upon condition, that if the above bounden A B shall personally appear
before ... a justice of the peace within and for the county aforesaid, then and there to
answer a charge against the said A B, for an assault and battery, [or affray, as the case
may be,] and shall not thence depart without leave, then this recognizance to be void,
otherwise to remain in full force.
A B,
Taken and certified, the day and year aforesaid.
L M, Justice of the Peace.
C D.
CRIMES AND MISDEMEANORS.
1651
No. 122.-RECOGNIZANCE TO BE GIVEN BY DEFENDANT ON APPEAL.
[Proceed as in precedent No. 121, as far as C, then say:] The condition of this recogni-
ance is such, that if the above bounden A B shall personally appear at the circuit court,
or, in St. Louis county, at the Criminal Court,] on the first day of the next term thereof,
o be holden for the county of
on the day of ......... next, and then and there
o answer concerning a charge of unlawfully assaulting and beating one J K, [or, if an
ffray, say of making an affray in a tumultuous manner,] whereof he, the said A B,
hath been convicted before L M, a justice of the peace within and for the county aforesaid,
from which judgment he, the said A B, hath appealed to the said court,) and shall more-
ver pay and satisfy the said judgment, and all costs which have accrued before the said
ustice, or which may accrue on said appeal, and otherwise abide the judgment of the said
court, and shall not depart the said court without leave, then this recognizance to be void,
otherwise to remain in full force and virtue.
Taken and certified the day and year aforesaid.
L M, Justice of the Peace.
A B,
C D.
No. 123.
GENERAL FORM OF A WARRANT.
The State of Missouri to any Constable of the county of
......,
………………, greeting:
....
last
Whereas, A B, of .... hath this day given information, upon oath, to me, P F, a jus-
tice of the peace within and for the county of ... that, on the ...... day of
past, at the county aforesaid, (A) [here describe the offence, and person charged, according
to the facts sworn to, then proceed:] These are, therefore, to command you forthwith to
apprehend the said E F, and bring him before me to answer the premises, and further to
be dealt with according to law.
Given under my hand, at the county of ...... aforesaid, this ...... day of ……………..
No. 124. -ESCAPE WARRANT AGAINST A CRIMINAL.
STATE OF MISSOURI,
County of
}ss.
.....
…….., 18......
The State of Missouri to the Sheriff and any Constable of said county, greeting:-
Whereas, complaint is made this day, upon the oath of A B, before me, a justice of the
beace within and for said county, that E F, who was lately committed to the jail of the
said county of ………….., by warrant of T S, a justice of the peace within and for said county,
charged with, [here recite the offence,] did, on the ...... day of ......... last past, forcibly
escape from the said jail, and is now going at large: These are, therefore, to command
you, and every of you, to make diligent search for the said E F, and him having found, to
seize and retake, and safely convey the said E F to the jail of the said county of
there to be kept until he shall thence be discharged by due course of law.
Given under my hand, &c.
No. 125.- AFFIDAVIT FOR A SEARCH WARRANT.
....
STATE OF MISSOURI,
County of С......
SS.
......
day of
This affiant, John Smith, states that, on or about the
18......,
John Jones, or some person unknown, as the case may be,] feloniously took, stole and
carried away from in C...... township, in the county of C......, the following goods
and chattels, the property of ......: that is to say, [here describe the goods and chattels
1652
CRIMES AND MISDEMEANORS.
stolen or embezzled, particularly,] and that he has reasonable grounds to suspect, and do
suspect, that the same are concealed in [here describe the place of concealment, partic
larly,] in the township and county aforesaid.
JOHN SMITH.
Subscribed and sworn to before be, this ...... day of ……………………., 18….....
STATE OF MISSOURI,
County of C........
JOHN DEN, Justice of the Peace
No. 126.-SEARCH WARRANT.
}
SS.
The State of Missouri to the Sheriff of the county of C......, or to the Constable of t
township of C......, in the county aforesaid, greeting:-
Information having, this day, been given to John Den, Esq., one of our justices of t
peace within and for C...... township, in the county of C......, by John Smith, that the f
lowing goods and chattels, the property of ......: that is to say, [here describe them pa
ticularly,] were, on or about the
day of
…………………., by [John Jones, or some person u
known,] felonionsly taken, stolen and carried away from in the county aforesaid; a
that the said John Smith has reasonable grounds to suspect, and does suspect, that the sa
goods are concealed [here describe the place of concealment, particularly,] at in t
township and county aforesaid: These are, therefore, to command you to enter, in t
day-time, into [the place of concealment,] in the township and county aforesaid, and the
diligently search for the said goods and chattels; and if the same be found, or any på
thereof, to bring such as may be found before the said justice, at his office, in the townsh
and county aforesaid, without delay, to be disposed of according to law; and have y
then and there this writ.
Witness my signature, this ………….. day of
18......
JOHN DEN, Justice of the Peace.
[NOTE.-If there be positive proof that the property stolen or embezzled is concealed in any particular pla
the warrant may order the search to be made in the night-time.]
No. 127.-WARRANT TO APPREHEND AN OFFENDER, UPON VIEW OF THE JUSTICE.
The State of Missouri to any Constable of the county of C......, greeting:-
Whereas, I, T D, justice of the peace within and for the county of C......, aforesai
on the
day of
..., in my own proper person, did see one E F, [here descri
......
the offence:] These are, therefore, &c., [as in precedent, No. 117.]
No. 128.-EXAMINATION OF THE PRISOner.
STATE OF MISSOURI, }
County of........ss.
The examination of A B, of
peace within and for the county of
......
taken before me, J V G, one of the justices of t
aforesaid, on the day of ........., 18......, t
said A B being charged before me with [here state the offence charged,] he, the said A
upon his examination, now taken before me, says, [here insert the statement made,] a
further he saith not..
No. 129.-INFORMATION OF A WITNESS.
STATE OF MISSOURI,
County of
}ε
SS.
The information of C D, of ......, taken before me, [proceed as in the above preceden
CRIMES AND MISDEMEANORS.
1653
No. 130.-CERTIFICATE OF EXAMINATION AND INFORMATION.
I, JV G, one of the justices of the peace within and for the county aforesaid, do cer-
tify that the said A B was brought before me, and charged before me with [here state the
offence,] and that the said A B was distinctly informed by me of the charge made against
him, and that he was at liberty to refuse to answer any questions put to him; and the ex-
amination of the said A B, as, also, the information of the said C D, &c., witnesses, were
by me taken and reduced to writing, the day and year aforesaid.
Given under my hand, this
day of ...... A. D., 18......
J V G, Justice of the Peace.
No. 131.- RECOGNIZANCE OF WITNESSES TO APPEAR IN CIRCUIT COURT.
STATE OF MISSOURI,
County of .......} ss.
Be it remembered that, on the ...... day of ....
18......, at the county aforesaid, C
D, of………….., came before me, a justice of the peace within and for the county aforesaid, and,
in his proper person, acknowledged himself indebted to the State of Missouri in the sum
of ………….. dollars, to be levied of his goods and chattels, lands and tenements, upon condition
that if he shall personally appear before the circuit court, [or criminal court of said
county,] on the first day of the next term thereof, to be holden for the county of
then and there to testify and give evidence in behalf of the said State, against a certain A
B, on a certain charge of ......, wherewith the said A B is charged, and shall not depart
the said court without leave, then this recognizance to be void, otherwise of full force.
Approved this ...... day of ……………..
C D.
......
18......
PETER PIPER, Justice of the Peace.
No. 132.-RECOGNIZANCE, WHERE PRISONER IS BOUND OVER FOR TRIAL.
STATE OF MISSOURI,
County of
.......
}
SS.
Be it remembered that, on the ...... day of ......
18......, A B, of ………….., C D, of …………..,
and E F, of ...
……………., personally came before me, P F, a justice of the peace within and for
said county, and acknowledged themselves to owe to the State of Missouri: that is to say,
A B, the sum of ...... dollars, and the said C D and E F, each, the sum of
dollars, to
be levied of their goods and chattels, lands and tenements, if the said A B shall fail in the
condition underwritten.
The condition of this recognizance is such, that if the above bounden A B shall per-
sonally appear at the circuit court, on the first day of the next term thereof, to be holden
for the county of
on the day of
next, then and there to answer an in-
dictment to be preferred to the grand jury against the said A B, for [here state the of-
fence,] whereof he stands charged, and shall not depart the same without leave of the said.
court, then this recognizance to be void, otherwise to remain in full force.
A B,
C D,
Taken and certified the day and year last aforesaid.
E F.
P F, Justice of the Peace.
No. 133.-WARRANT OF COMMITMENT.
The State of Missouri to
Constable of
and the Keeper of the Jail of said
county, greeting: -
These are to command you, the said constable, forthwith to convey and deliver into the
UorM
1654
DEPOSITIONS.
نمه
custody of the keeper of the jail of the county of
aforesaid, the body of E F, of
with [here describe the of-
taken and brought before me, a justice of the peace within and for the county afore-
said, and charged before me, upon the oath of A B, of
fence;] and you, the said keeper of the said jail, are hereby required to receive the said E
F into your custody into the said jail, and him there safely keep until he shall thence be
discharged by due course of law.
Given under my hand, this ...... day of
18......
STATE OF MISSOURI,
County of
} $s
SS.
No. 134.- ANOTHER.
JOHN JOLLY, J. P.
The State of Missouri to the Keeper of the Jail of said county, greeting:
These are to command and charge you, that you receive into your said jail the body of
E F, late ......, charged before me, T D, a justice of the peace within and for said county,
upon oath of A B, of with ......: that is to say, for [here describe the offence;] and
that you safely keep the said E F in your said jail until he shall be discharged therefrom
by due course of law.
Given, &c., [as in the preceding form.]
John Doe, Plaintiff,
against
Richard Roe, Defendant.
DEPOSITIONS.
No. 135.-NOTICE TO TAKE DEPOSITIONS.
}
In the Circuit Court for the county of ......, State of Missouri.
To Richard Roe, the above named defendant:
You are hereby notified, that depositions of witnesses, to be read in evidence in the
above cause, on the part of
will be taken at D......, in the county of L...... and State
of M......, on the ...... dạy of …………….. between the hours of eight o'clock in the forenoon and
six o'clock in the afternoon; and that the taking of the said depositions, if not completed
on that day, will be continued from day to day, at the same place, and between the same
hours, until completed.
County of
No. 136.-COMMISSION TO TAKE DEPOSITIONS.
SS.
The State of Missouri to any Judge, Justice of the Peace, or other judicial officer of the
State of M......, greeting:
.....
Know ye, that we, in confidence of your prudence and fidelity, do by these presents
authorize you to cause to come before you, to be examined as witnesses in a cause depend-
ing in our Circuit Court of C...... county, in the State of Missouri, wherein is plaintiff,
and
defendant, all and every such person, and at such time and place, as shall be
named to you for that purpose by the said ......, his attorney or agent. And we command
you to examine all and every such person upon his oath or solemn affirmation, first made
or taken before you, to testify the whole truth touching his knowledge of any thing relat-
ing to the said matter in controversy between the said parties, and that you do take his ex-
amination and reduce the same to writing. When you shall have taken his examination, you
are to cause the witness to sign the same; and to that and each examination, at the foot
thereof, you are to append your certificate, setting forth the facts that the examination was
subscribed and sworn to, or affirmed, by the witness, and the day, as well as between what
hours of the day, on which it was done, and, also, the place of residence of the witness, (if
DEPOSITIONS.
1655
known to you.) Should any paper or exhibit be produced or proven, or be referred to by
he witness, you are to describe the same in his examination, or cause it to be so marked
by him as to establish its identity, and to attach the same to his examination. The exami-
hation thus taken, you will cause to be accompanied by a certificate of your official charac-
ter, attested by the seal of State; or, should it be more convenient, such authentication
and proof of your official character may be made by the certificate and seal of the clerk of
any court of record of any county of the State, District or Territory, in which you reside,
stating, also, in addition to the facts of his being clerk, and that the court is one of record,
that, at the time when the depositions were taken, you were an acting judge, [or other
such officer to whom the commission is addressed,] and duly commissioned as such. And
you will return the same, and all exhibits produced to you, annexed hereto, carefully closed
up and under your seal, directed to the clerk of the Circuit Court of C......, in and for the
county of C......, Missouri, with the names of the parties litigant endorsed thereon, with
all convenient speed.
Witness,
clerk of our said court, at, &c.
No. 137.—INSTRUCTIONS FOR TAKING DEPOSITIONS.
The officers taking the depositions will observe the following forms and mode of pro-
ceeding, commencing thus:-
•
day of
....
Depositions of witnesses, produced, sworn and examined, on the
in the year of our Lord 18......, between the hours of eight o'clock in the forenoon, and six
o'clock in the afternoon, of that day, at in the county of .... and State of
before me, [name the officer and style of office,] in a certain cause, now depending in the
court of the county of in the State of Missouri, between
plaintiff, and
defendant, on the part of the plaintiff [or defendant.]
John W. Minor, of lawful age, being produced, sworn and examined, on the part of
the deposeth, and saith, [here insert the statement of the witness.]
[NOTE.- Every deposition must be reduced to writing in presence of the officer before whom it is taken, and
signed by the witness. If any paper or exhibit is produced and proved, or referred to by the witness, it ought
to be described in his deposition, or marked and referred to by the deponent, in such manner that it may be
identified when the deposition is read; and all such papers and exhibits must be attached to, and returned with,
the deposition.]
The officer will annex, at the foot of the deposition of each witness, the following cer-
tificate:
Subscribed and sworn to before me, on the day, at the place, and within the hours first
aforesaid.
STEPHEN RICE, [style of office.]
Then proceed with other depositions, (if any,) in the same form, annexing a like cer-
tificate to each. When all the witnesses who appear have been sworn and examined, and
their depositions reduced to writing, subscribed and certified, as above, the officer will at-
tach to the depositions all papers and exhibits, proved or referred to in the examination,
the commission and notice, with the following certificate endorsed thereon or attached
thereto :-
I, [name of officer and style of office,] within and for the in the State of
do certify, that in pursuance of the within (or annexed) commission and notice, came be-
fore me, at ....
in the county and State last aforesaid, [John W. Minor, insert the names
of the witnesses, ] who were by me severally sworn [or affirmed] to testify the whole truth of
their knowledge touching the matter in controversy aforesaid; that they were examined,
and their examination reduced to writing, and subscribed by them, respectively, in my
presence, on the day, between the hours, and at the place in that behalf first aforesaid, and
their said depositions are now herewith returned. If the officer know the residence of the
witness, he will include the following in his certificate: And I further certify, that said [John
*Y VOL. II.
1656
FORCIBLE ENTRY AND DETAINER.
W. Minor, insert the names of the witnesses,] are residents of said county of
State of
in said
....
18......
…………………….,
Given at ………….., in the county of ....... and State of ......, this ………….. day of ………………..
STEPHEN RICE,
The return must be accompanied by a certificate of the official character of the officer
taking them, attested by the seal of the State of his residence, or by the seal of some
court of record within said State, which may be as follows:-
It is hereby certified, that ......, on [here insert, in words at length, the date at which
the depositions are taken and certified,] in the year of our Lord 18………….., was, (and now is)
[here state the style of the office,] within and for the State of ... duly commis-
sioned and acting as such, and that full faith and credit are due to his acts as such.
In testimony whereof, I, A B, [here state the style of office] have hereunto
subscribed my name, and affixed the seal of office, this
18.......
L. S.
day of
A B.
The officer taking the depositions is required to enclose, in a strong envelope, securely
sealed, the depositions, papers and exhibits, commission, notice and certificates, and direct
the same to the clerk of the court of the county of Missouri, noting on some
convenient part of the envelope, the style of the cause and contents—thus:—
A B, Plaintiff,
against
CD, Defendant.
}
Depositions
for...........
If the package is to be transmitted by mail, it will be necessary to enclose it (directed
and endorsed as above) in another envelop, directed to ......, in order to ensure its being
taken out of the post-office.
The depositions must be begun on the day mentioned in the notice. If they cannot be
completed on that day, the taking of them may be adjourned to the succeeding day, at the
same place, and between the same hours. The person taking them should, in such case,
make the following entry, closing the business for that day, viz.:
Not being able to complete the taking of said depositions, by reason that [here insert
the reason,] I adjourn the further taking of the same till to-morrow, then to be continued
at the same place, and between the same hours, mentioned in the annexed notice.
STEPHEN RICE,
On the succeeding day, let the person taking the depositions commence, as follows:
Pursuant to adjournment, as above stated, on the
day of ..... 18......, between
in the afternoon, at the
in the forenoon and
..
the hours of
taking of said depositions, as follows, viz.: —
I continued the
John W. Minor, in continuation of his deposition, commenced yesterday, on his oath
further says, &c.
The foregoing directions must be strictly observed, or the depositions will be unavailing.
To John Smith:
FORCIBLE ENTRY AND DETAINER.
No. 138.-DEMAND OF POSSESSION.
You are hereby required to deliver to me, [or to John Pen, my agent,] the possession
of [here describe the premises of which possession is demanded,] on or before the
day of
18.......
(Dated) day of ........., 18……………..
......
.....
JOHN JONES.
FORCIBLE ENTRY AND DETAINER.
1657
No. 139. COMPLAINT OF FORCIBLE ENTRY AND DETAINER.
John Jones, Complainant,
against
John Smith, Defendant.
}
Before John Den, Justice of the Peace.
John Jones complains to John Den, justice of the peace within and for the county of
C........., that, on the day of, 18......, he was lawfully possessed of the [here
describe the premises;] and that, on the day and year aforesaid, John Smith forcibly
entered into the possession of the same premises, and forcibly detains the possession
hereof. The complainant further states, that he has sustained damages, by reason of the
forcible entry and detainer aforesaid, in the sum of
dollars, and that the value of
the monthly rents and profits of said tenements is
dollars Wherefore, the com-
plainant prays judgment of restitution, and for his damages, and the value of the monthly
ents and profits, of the premises aforesaid.
Subscribed and sworn to before me, this
.....
JOHN JONES.
day of ...... 18.......
JOHN DEN, Justice of the Peace.
John Jones, Complainant,
against
John Smith, Defendant.
No. 140. ANOTHER.
Before John Den, Justice of the Feace.
•
John Jones complains to John Den, justice of the peace within and for the county of
C........., that, on the day of
18......, he was lawfully possessed of the [here
describe the premises;] and that, on the day and year aforesaid, John Smith peaceably
entered into the possession of the same premises, and, by force, [or frightening by threats,
or by other circumstances of terror, describing them,] turned the complainant out of the
possession thereof, and forcibly detains and holds the same. The complainant further states,
that he has sustained damages, by reason of the entry and detainer aforesaid, in the sum
of
dollars, and that the value of the monthly rents and profits of said tenements is
dollars. Wherefore, the complainant prays judgment of restitution, and for his
damages, and the value of the monthly rents and profits, of the premises aforesaid.
JOHN JONES.
Subscribed and sworn to before me, this
day of
18......
JOHN DEN, Justice of the Peace.
No. 141. COMPLAINT OF UNLAWFUL DETAINER.
John Jones, Complainant,
against
John Smith, Defendant.
Before John Jolly, Justice of the Peace.
John Jones complains to John Jolly, justice of the peace within and for the county of
C........., that, on the
that, on the ...... day of ……………………., 18………………, he had the legal right to the possession
18......,
of the [here describe the premises;] and that John Smith willfully, and without force,
holds the possession of the same premises, after the termination of the time for which
they were demised [or let] to him, [or demised or let to John Ren, the person under
whom the said John Smith claims,] and, after demand, made, in writing, for the delivery of
the possession thereof. The complainant further states, that he has sustained damages,
by reason of the unlawful detainer aforesaid, in the sum of
value of the monthly rents and profits of said tenements is
the complainant prays judgment of restitution, and for his damages, and the value of the
monthly rents and profits, of the premises aforesaid.
Subscribed and sworn to before me, this ...... day of
dollars, and that the
dollars. Wherefore,
18......
JOHN JONES.
JOHN JOLLY, Justice of the Peace.
1658
FORCIBLE ENTRY AND DETAINER.
John Jones, Complainant,
against
John Smith, Defendant.
No. 142. ANOTHER.
–
Before John Jolly, Justice of the Peace.
John Jones complains to John Jolly, justice of the peace within and for the county of
C........., that, on the ...... day of
18......, he had the legal right to the possession
of the [here describe the premises;] and that John Smith, on the day and year aforesaid,
wrongfully and without force, by disseisin, obtained and continues in the possession of the
same premises, after demand made, in writing, for the delivery of the possession thereof.
The complainant further states, that he has sustained damages, by reason of the unlawful
detainer aforesaid, in the sum of
dollars, and that the value of the monthly rents
dollars. Wherefore the complainant prays judg-
and profits of said tenements is
ment of restitution, and for his damages, and the value of the monthly rents and profits,
of the premises aforesaid.
Subscribed and sworn to before me, this ...... day of
.....
JOHN JONES.
18......
JOHN JOLLY, Justice of the Peace.
John Jones, Complainant,
against
No. 143.
AFFIDAVIT FOR CERTIORARI BY COMPLAINANT.
}
John Smith, Defendant.
Before John Den, Justice of the Peace.
This affiant states that he verily believes that the complainant is justly entitled
to recover the possession of the premises described in the complaint, in the above entitled
cause.
Subscribed and sworn to before me, this ...... day of
.....
JOHN JONES.
18......
PETER KNIFE, Clerk.
[NOTE.—This affidavit will answer for the defendant, by inserting the word "not" between the words "is"
and "justly."]
No. 144 -BOND OF COMPLAINANT FOR CERTIORARI.
Before John Den, Justice of the Peace.
John Jones, Complainant,
against
John Smith, Defendant.
We, John Jones, as principal, and John Fen and John Ren, as securities, stand indebted
to John Smith in the sum of ...... dollars, upon the condition, that if the said John Jones,
the complainant in the above entitled cause, shall prosecute his suit with effect, and with-
out delay, pay all costs that may be adjudged against him, and otherwise abide the judg-
ment of the circuit court, this bond shall be void; otherwise, it shall remain in full force.
[Signatures of obligors.] [Seal.]
day of ………………….., 18......
The above bond is approved by me, this …………….. day of
PETER KNIFE, Clerk.
No. 145.-BOND OF DEFENDANT FOR CERTIORARI.
John Jones, Complainant,
against
John Smith, Defendant.
Before John Den, Justice of the Peace.
We, John Smith, as principal, and John Fen and John Ren, as securities, stand indebted
to John Jones, in the sum of
dollars, upon the condition, that if the said John
Smith, the defendant in the above entitled cause, shall not commit, or suffer any waste or
HABEAS CORPUS.
1659
damage to be committed, on the premises sued for, and shall pay all rents and profits,
damages and costs, that may be adjudged against him, and otherwise abide the judgment
of the circuit court, this bond shall be void; otherwise, it shall remain in full force.
[Signatures of obligors.] [Seal.]
The above bond is approved by me, this ...... day of ....., 18......
PETER KNIFE, Clerk.
No. 146.-CERTIORARI TO A JUSTICE OF THE PEACE.
The State of Missouri, to John Den, Esq., one of our justices of the peace within and for
the county of C......, greeting: -
Whereas, it has been represented to our Circuit Court within and for the county of
C...... aforesaid, that there is now pending before you a suit, for a forcible entry and de-
tainer, [or for an unlawful detainer, as the case may be,] wherein John Jones is complain-
ant, and John Smith, defendant; and the said John Jones, the complainant, [or John
Smith, the defendant, according to the facts,] having filed the affidavit and bond with the
clerk of our said Circuit Court, which the law requires: You are, therefore, commanded
to stop all further proceedings in said cause, certify to our said Circuit Court a complete
transcript of your docket, and all proceedings had before you, together with the original
papers filed in the cause aforesaid, and file them in the office of the clerk of our said
Circuit Court, within ten days after the service of this writ, and certify hereon how you
have obeyed our commands.
L. S.
In witness whereof, I, Peter Spoon, Clerk of the Circuit Court aforesaid, have
hereunto signed my name, and affixed the seal of said Court, at office, this
day of
18......
"
PETER SPOON, Clerk.
No. 147.-RETURN TO BE ENDORSED ON THE WRIT.
I, John Den, the within named justice of the peace, certify that I filed herewith a com-
plete transcript of my docket, and all proceedings had before me, together with the origi-
nal papers filed in the cause lately pending before me, wherein John Jones is complainant,
and John Smith, defendant, this
......
day of
18......
JOHN DEN, Justice of the Peace.
STATE OF MISSOURI,
HABEAS CORPUS.
No. 148.-WRIT OF HABEAS CORPUs.
}
County of K......ss.
"By the Habeas Corpus Act."
The State of Missouri to the Sheriff of the county of K......, [or person alleged to have
the custody of the prisoner,] greeting:
You are hereby commanded that the body of John Jones, in the jail of the said county
of K………….., under your custody detained, [or, if the petitioner be not in jail, say, under your
custody detained,] as it is said, under safe and secure conduct, together with the day and
cause of his being imprisoned and detained, by whatsoever name the said John Jones may
be known, you have before me, Joseph Flood, one of the justices of the County Court of
the county of K……………., at in the town of F......, in said county, on the ………….. day of
18......, to do and receive what shall then and there be considered concerning the said John
Jones, so imprisoned and detained as aforesaid; and hereof fail not at your peril.
•
Witness my signature, this ...... day of ………..
18......
....
....
JOSEPH FLOOD, Justice of the County Court.
1660
INQUEST.
INQUEST.
No. 149.-WARRANT TO SUMMON A JURY.
The State of Missouri to the Constable of C………….. township, in the county of C…….......
greeting: -
at ..
......
You are hereby commanded forthwith to summon a jury of six good and lawful men
householders of your township, to appear before me, Aaron Wells, coroner of said county
………………, in the township of C…....., in the county aforesaid, on this day, at …….. of the clock
in the noon, then and there to inquire of, and do all such things as shall be lawfull
given them in charge, touching the death of John Jones, [or a certain person unknown;
and be you then and there with this writ, to certify what you shall have done in the pre
mises, and further to do what shall then and there be enjoined upon you, according to law
Given under my hand, this ...... day of
18......
AARON WELLS, Coroner.
No. 150.-PROCLAMATION FOR WITNESSES.
Hear ye! If any person can give evidence how and in what manner John Jones, [or th
unknown person here lying, as the case may be,] came to his death, draw near and yo
shall be heard.
STATE OF MISSOURI,
No. 151.-SUMMONS FOR WITNESSES.
County of C.....ss.
The State of Missouri to John Ren, John Smith and John Pen, greeting:
•
You are hereby commanded to appear forthwith before me, Aaron Wells, coroner o
the county of С......, and an inquest now sitting at .... in said county, to be examined
and to declare your knowledge concerning the manner in which John Jones, [or a certai
person unknown,] there lying dead, came to his death, and all other matters on which yo
shall be examined; and hereof fail not at your peril.
Given under my hand, &c.
AARON WELLS, Coroner.
No. 152.-INQUISITION.
STATE OF MISSOURI,
County of C.......} ss.
The State of Missouri.
An inquisition, taken at in the county of C…………….., on the ...... day of ....…………., 18…………….
before me, Aaron Wells, coroner of the county aforesaid, upon the view of the body o
John Jones, [or an unknown person,] then and there lying dead, John Brown, John Green
[name all the jurors,] good and lawful men, householders of the township of C......, in th
county aforesaid, who, being sworn, and charged diligently to inquire and true presentmen
make, how and in what manner, and by whom, the said John Jones [or the unknown per
son,] came to his death, upon their oaths, do say, [here insert the finding of the inquest.
In witness whereof, as well the aforesaid Coroner as the jurors aforesaid, have to thi
inquisition put their names, at the place and on the day and year aforesaid.
AARON WELLS, Coroner.
[All the jurors must sign.]
No. 153. - RECOGNIZANCE OF WITNESSES.
We, John Jones, John Brown and John Smith, acknowledge ourselves, severally
to stand indebted to the State of Missouri in the sum of ...... dollars, upon the condition
JUSTICES' COURTS.
1661
at
....
that if each of the above named persons shall make his personal appearance before the
court, on the first day of the next term thereof, to be holden for the county of C......,
on the ...... day of
…………., 18……………., and then and there testify to their knowledge
touching the death of ... and do not depart thence without the leave of said court, then
this bond shall be void, otherwise it shall remain in full force.
Witness our signatures and seals, this ...... day of
......
18.......
[All the witnesses must sign.] [Seal.]
JUSTICES' COURTS.
No. 154.-CONSENT TO ACT AS NEXT FRIEND FOR AN INFANT.
I, Abel Boon, hereby consent to act as the next friend of John Jones, an infant who is
about to commence a suit, before David Gordon, justice of the peace, against John Smith,
and to be responsible for the costs therein.
Witness: David Gordon, Justice of the Peace.
Appointment of next friend to be endorsed on the above:
I hereby appoint Abel Boon, next friend of John Jones.
ABEL BOON.
This
………….. day of .....
18......
DAVID GORDON, Justice of the Peace.
No. 155. CONSENT TO ACT AS GUARDIAN FOR AN INFANT DEFENDANT.
I, Abel Boon, hereby consent to be guardian of John Jones, an infant, against whom
an action has been commenced by John Smith, before John Den, justice of the peace, for
the sum of ..... dollars.
ABEL BOON.
Witness: John Den, Justice of the Peace.
[NOTE. The same endorsement to be made by the justice as in the preceding form.]
John Jones, Plaintiff,
against
John Smith, Defendant.
No. 156.-AFFIDAVIT OF LOST NOTE.
Before John Jolly, Justice of the Peace.
This affiant says that John Jones, the plaintiff in the above entitled cause, is the legal
owner of a promissory note, [or, if not a note, describe the instrument according to the
facts,] made and executed by John Smith, the above named defendant, on or about the
day of
……………………., 18……………., and payable on or about the
day of
18......, for
dollars and ...... cents, no part of which has been paid; [or, if part has
been paid, state how much and when;] and which said promissory note, or other instrument,
has been lost or destroyed.
the sum of
JOHN JONES.
Subscribed and sworn to before me, this
day of
18.......
JOHN JOLLY, Justice of the Peace.
No. 157.-SECURITY FOR COSTS, BEFORE SUIT BROught.
John Smith, Plaintiff,
against
John Jones, Defendant.
Before John Ellis, Justice of the Peace.
I, John Fen, a resident of the county of C......, in the State of Missouri, do hereby ac-
knowledge myself bound to pay all the costs which may accrue in the above entitled cause.
Witness my signature, this ...... day of ..... 18.......
JOHN FEN.
Approved this ...…….. day of
18......
…………………….,
JOHN ELLIS, Justice of the Peace.
1662
JUSTICES' COURTS.
No. 158.-SECURITY FOR COSTS, AFTER SUIT BROUGHT.
John Smith, Plaintiff,
against
John Jones, Defendant.
Before John Ellis, Justice of the Peace.
I, John Fen, a resident of the county of C......, in the State of Missouri, do hereby ac-
knowledge myself bound to pay all the costs which have accrued, or may accrue, in the
above entitled cause.
Witness my signature, this ...... day of
18.......
JOHN FEN.
......
No. 159.-SUBPŒNA FOR WITNESS.
on
The State of Missouri to Peter Russell, [and as many other names as are necessary]:
You are hereby commanded to be and appear personally, before me, John Ellis, one of
the justices of the peace within and for L......... township, in the county of
the day of
........., 18......, at the hour of ten of the clock in the forenoon of that
day, at my office, in the township and county aforesaid, to testify on the trial of a cause
wherein John Jones is plaintiff, and John Smith, defendant, in behalf of the plaintiff [or
defendant, as the case may require,] and hereof fail not at your peril.
Witness my signature, this ...... day of ...., 18......
JOHN ELLIS, Justice of the Peace.
No. 160.-SUMMONS FOR JURY.
The State of Missouri to John Hawk, Constable of C......... township, in the county of
C........., greeting:
You are hereby commanded to summon six [or such number, less than six, as the
parties may have agreed upon,] good and lawful men of your township, qualified to act as
jurors in the circuit court, and in no wise of kin to either party, nor interested in the suit,
to appear before me, David Gordon, one of the justices of the peace, on the
day of
18......, [or forthwith,] at my office, in C......... township, in the county of C…………………….,
to make a jury for the trial of an action now pending before me, said justice, between
John Jones, plaintiff, and John Smith, defendant; and have you then and there this writ.
[NOTE.-Conclusion as in above form.]
No. 161. AFFIDAVIT, DENYING THE EXECUTION OF THE INSTRUMENT SUED ON.
John Jones, Plaintiff,
against
John Smith, Defendant.
Before James D. McGarey, Justice of the Peace.
John Smith states that he did not execute the instrument of writing sued on in the
above entitled cause, nor did he authorize any other person to execute the same for him.
JOHN SMITH.
Subscribed and sworn to before me, this
day of.......
18......
No. 162.-NOTICE TO PLAINTIFF, WHEN JUDGMENT HAS BEEN SET ASIDE.
To John Jones:-
[Caption as in last precedent.]
You are hereby notified, that, on motion of John Smith, the above named defendant,
JUSTICES' COURTS.
1663
the judgment by default [or of nonsuit] in the above entitled cause, has been set aside,
and a new trial granted; and that the time fixed for the trial thereof is the
day of
next, at my office, in C......... township, in the county of C........., when and where
you may attend if you think proper.
This day of ………………….., 18…………..
....
JAMES D. MCGAREY, Justice of the Peace.
No. 163.-CITATION BY JUSTICE TO AN EXECUTOR OR ADMINISTRATOR.
John Jones, Plaintiff,
against
John Smith, Defendant.
}
Before Franklin Burt, Justice of the Peace.
The State of Missouri, to Abel Boon, executor [or administrator] of John Jones, deceased,
greeting:
The death of John Jones, the plaintiff in the above entitled cause, having been sug-
gested to me, Franklin Burt, one of the justices of the peace within and for С........
township, in the county of C…........, you are, therefore, as the executor [or administrator]
of the said John Jones, deceased, commanded to appear before me, the said Franklin Burt,
justice, as aforesaid, at my office, in the township and county aforesaid, on the day
of
18......, [the next law-day of said justice,] and cause yourself to be made a
party to the above entitled cause, instead of your testator [or intestate.]
Witness my signature, this ......day of
18......
FRANKLIN BURT, Justice of the Peace.
No. 164. AFFIDAVIT TO REVIVE A JUDGMENT AFTER THREE YEARS.
John Jones, Plaintiff,
against
John Smith, Defendant.
>
}
Before Franklin Burt, Justice of the Peace.
John Jones, the plaintiff in the above entitled cause, makes oath and says that, on the
...... day of
18......, he recovered a judgment against John Smith, the above
named defendant, before Franklin Burt, justice of the peace, for the sum of
......... dollars
and cents, and that no part of said judgment has been paid, [or, if part has been
paid, state how much.]
.....
JOHN JONES.
18......
FRANKLIN BURT, Justice of the Peace.
Subscribed and sworn to before me, this ...... day of
No. 165. CITATION BY JUSTICE TO DEFENDANT, TO REVIVE A JUDGMENT.
John Jones, Plaintiff,
against
John Smith, Defendant.
Before James D. McGarey, Justice of the Peace.
....
The State of Missouri, to John Smith, defendant in the above entitled cause, greeting: -
John Jones having obtained, in his lifetime, a judgment against you, the defendant in
the above entitled cause, before me, James D. McGarey, one of the justices of the peace
within and for C......... township, in the county of C........., on the
day of
cents, and the death of said John Jones
having been suggested to the said justice, you are, therefore, commanded to appear be-
fore me, the said James D. McGarey, justice as aforesaid, at my office, in the township and
county aforesaid, on the ...... day of
18......, [the next law-day of said justice,]
18......, for the sum of
*x 2 — VOL. II.
dollars and
......
1664
JUSTICES' COURTS.
and show cause why the said judgment should not be revived in the name of Abel Boo
the executor [or administrator] of John Jones, the deceased plaintiff.
Witness my signature, this ...... day of
18......
JAMES D. MCGAREY, Justice of the Peace.
[NOTE. If the citation is issued by the successor of the justice who rendered the judgment, this, and t
preceding form, can easily be changed to suit the case.]
No. 166. CITATION TO REVIVE A JUDGMENT AFTER THREE YEARS.
John Jones, Plaintiff,
against
John Smith, Defendant.
}
Before Joseph Scholl, Justice of the Peace.
....
The State of Missouri to John Smith, defendant in the above entitled cause, greeting:-
John Jones, plaintiff in the above entitled cause, having recovered a judgment again
you, on the ...... day of ……….. 18......, for the sum of .... dollars and .... cents, befo
me, Joseph Scholl, one of the justices of the peace within and for C……..... township,
the county of С......, no part of such judgment having been paid, [or, if part has bee
paid, state how much,] as it is said, you are, therefore, commanded to appear before Josep
Scholl, justice as aforesaid, at his office, in the township and county aforesaid, and sho
cause, (if any you have,) why said judgment should not be revived.
[NOTE.-Conclusion as in last precedent.]
John Jones, Plaintiff,
against
No. 167.-CONFESSION OF JUDGMENT.
Thomas Tatum, Defendant.
Before Joseph Scholl, Justice of the Peace.
I, Thomas Tatum, hereby authorize Joseph Scholl, Esq., a justice of the peace withi
and for C...... township, in the county of C......, to enter a judgment on his docket again
me in favor of John Jones, for the sum of dollars and cents, due on account, [
....
by note, as the case may be,] which is now on file with the said justice.
18.......
"
This ...... day of
Witness: JOSEPH SCHOLL, Justice of the Peace.
THOMAS TATUM.
No. 168.-RENEWAL OF EXECUTION BY ENDORSEMENT.
This execution is renewed, at the request of the plaintiff, for days. This
day of .... 18......
BEN RAY, Justice of the Peace.
.......
....
[If any part of the execution has been paid, then endorse as follows: -]
This execution is renewed, at the request of the plaintiff, for days, for the sum
dollars and ...... cents, the balance due. This
.....
day of ....... 18......
BEN. RAY, Justice of the Peace.
No. 169. NOTICE OF CLAIM TO PROPERTY LEVIED UPON BY A CONSTABLE.
To Charles Hawk, Constable of C...... township, in the county of C…………..:—
You are hereby notified that I am the owner of the property [if all is not claimed, d
scribe such as is claimed,] levied upon by you, in virtue of an execution in favor of Joh
Jones and against John Smith, as the alleged property of the defendant in said execution
and of my claim thereto.
SAMUEL PENN.
Subscribed and sworn to before me, this ...... day of ..... 18......
BEN. RAY, Justice of the Peace.
JUSTICES' COURTS.
1665
No. 170.-NOTICE BY CONSTABLE TO CLAIMANT OF THE TIME OF TRIAL.
To Oscar G. Carter:
You are hereby notified that I have summoned, [or will summon] a jury, to try the
right of property between you and John Smith, the defendant in an execution in favor of
John Jones and against John Smith, in virtue of which I have levied upon the property
claimed by you, to meet at in C……….... township, in the county of C......, on the ......
day of
18......, when and where you may attend if you think proper.
This .... day of
CHARLES HAWK, Constable.
18......
No. 171.-BOND TO INDEMNIFY THE CONSTABLE.
We, A B, as principal, and C D and E F, as securities, owe and stand indebted to James
Saunders, constable of C…..... township, in the county of C…....., in the sum of ...... dol-
lars, [to be a sum sufficient to indemnify the constable,] upon the condition, that if the
said A B, C D and E F, shall indemnify the said James Saunders, constable as aforesaid,
against all damages and costs which he may sustain in consequence of the seizure and sale
of the property levied upon, in virtue of an execution in favor of John Jones and against
John Smith, and claimed by John Dodd; and, moreover, pay to and satisfy any person or
persons claiming title to such property, all damages which such person or persons may
sustain in consequence of such seizure and sale; then this bond to be void, otherwise to
remain in full force.
Witness our signatures and seals, this
day of ........., 18......
[Signatures of obligors.] [Seal.]
No. 172.-CONSTABLE'S NOTICE OF SALE.
Constable's Sale.
By virtue of an execution issued by John Kelly, Esq., justice of the peace within and
for Blue township, in the county of Jackson, in favor of John Jones and against Jabez
Smith, and to me directed, I have seized and levied upon [here describe the property levied
on,] as the property of the said Jabez Smith, and will offer the same, or so much thereof
as will be sufficient to satisfy said execution, for sale to the highest bidder, for cash in
hand, on the ...... day of
18……………., at ……………., [the place of sale,] in Blue township,
in the county of Jackson.
This ...... day of
day of .......
..., 18......
CHARLES E. STRODE, Constable.
No. 173.-COMPLAINT AGAINST A CONSTABLE AND SECURITIES.
John Jones, Plaintiff,
against
John Hawk, John Pen and Before William Nichols, Justice of the Peace.
John Hen, Defendants.
John Jones, plaintiff, states that John Hawk is [or was, on ..... .,] the constable of
C......... township, in the county of C........., and that John Pen and John Hen are [or
were] securities in the said constable's official bond, (a copy of which is herewith filed,)
and that an execution in favor of the plaintiff and against John Smith, for the sum of ......
dollars and cents, including all costs, was delivered to the said John Hawk, constable
as aforesaid, to be executed according to law; and that the said John Hawk, constable as
aforesaid, has wholly failed to make return of said execution, according to the command
thereof, [or made a false return; here state in what the return is false, or state any other
misconduct of the constable, which would make him and securities liable, then add;] by
•
*
1666
JUSTICES' COURTS.
......
reason whereof the plaintiff says he is damaged to the amount of dollars and .....
cents, for which he asks judginent, with interest thereon, at the rate of one hundred pe
cent. per annum from the
JOHN JONES, Plaintiff.
day of
18......
>
Subscribed and sworn to before me, this
......
day of........., 18……………..
WILLIAM NICHOLS, Justice of the Peace.
No. 174.-PLEA OF TITLE IN TRESPASS TO LANDS.
John Jones, Plaintiff,
against
John Smith, Defendant.
Before William Nichols, Justice of the Peace.
The said defendant says that the plaintiff ought not to recover damages for the alleged
trespass complained of, because he says that he, the said defendant, has title to the pre
mises upon which the said supposed trespass was committed, derived by purchase from
[the United States, or Peter Ren, or according to the fact.]
JOHN SMITH, Defendant.
18.......
WILLIAM NICHOLS, Justice of the Peace.
Subscribed and sworn to before me, this ...... day of ....
John Jones, Plaintiff,
against
John Smith, Defendant.
No. 175.-AFFIDAVIT FOR AN APPEAL.
}
Before Zadock Hook, Justice of the Peace.
This affiant states that the application for an appeal by John Jones, plaintiff, [or Joh
Smith, defendant,] in the above entitled cause, is not made for vexation or delay, but be
cause this affiant believes that the appellant is injured by the judgment of the justice.
JOHN JONES.
Subscribed and sworn to before me, this
......
day of
18.......
ZADOCK HOOK, Justice of the Peace.
John Jones, Plaintiff,
against
John Smith, Defendant.
To John Jones, appellee:-
No. 176.-NOTICE OF APPEAL.
Before William B. Tucker, Justice of the Peace.
You are hereby notified that I have taken an appeal from the judgment of the justic
in the above entitled cause, to the Circuit Court of the county of C.........
(Dated) .....
day of
18......
No. 177.-DOCKET ENTRIES.
JOHN SMITH, Appellant.
John Doe, Plaintiff,
against
Richard Roe, Defendant.
Plaintiff filed, September 25th, 1855, for suit, a note executed to him by defendant, fo
fifty dollars, due twelve months after date, and dated 10th February, 1853, and directed a
summons to issue, which is done and delivered to John G. Carter, constable, made return
able 10th November, 1855, my regular law-day.
THOMAS PATTON, J. P.
November 10, 1855.-The summons issued in this cause is returned executed, as the
law directs; and the cause coming on to be heard, and the defendant being duly called
JUSTICES' COURTS.
1667
ame not, but made default; and the plaintiff having made proof of his complaint, It is,
herefore, considered by the justice, that plaintiff recover of defendant the sum of fifty
ollars for his debt, and five dollars and twenty-five cents for his damages, and one dollar
er costs, and that he have execution therefor.
THOMAS PATTON, J. P.
Execution issued November 12th, 1855, on the above judgment, returnable in ninety
ays, and delivered to John G. Carter, constable.
THOMAS PATTON, J. P..
No. 178.- ANOTHER.
John Doe, Richard Roe and John
Den, composing the firm of
John Doe & Co., Plaintiffs,
against
Edward Jones, Defendant.
Plaintiffs filed, September 20th, 1855, for suit, an account for eighty-five dollars, dated
ugust 25th, 1855, and directed a summons to issue, which is done, and delivered to John
. Carter, constable, returnable November 10th, 1855.
WILLIAM B. TUCKER, J. P.
November 10th, 1855, defendant filed in offset an account for fifty dollars, dated June
5th, 1855. A jury having been demanded, a precept issued therefor, and, being returned,
he following named persons were sworn as jurors, to wit: [here insert the names of the
rors,] who, after hearing the evidence, returned into court the following verdict: "We,
he jury, find for the plaintiff the sum of ten dollars. Thomas Tatum, Foreman." It is,
herefore, adjudged that the plaintiffs recover of the defendant the sum of ten dollars and
11 costs, and that they have execution therefor. Thereupon, defendant tendered his affi-
avit, and appeal bond for fifty dollars, of himself, and John Smith and John Jones as
ecurities, and prayed an appeal to the Circuit Court from our said judgment, which being
eemed sufficient, it is ordered that an appeal, as prayed, be allowed defendant.
WILLIAM B. TUCKER, J. P.
No. 179.-CERTIFICATE TO A TRANSCRIPT IN CASE OF APPEAL.
TATE OF MISSOURI,
County of C.......
}
SS.
John Doe & Co., Plaintiffs,
against
Edward Jones, Defendant.
I, Uel Ramsay, a justice of the peace within and for the township of C......, in the
ounty of C......, aforesaid, hereby certify that the above and foregoing is a full, true and
omplete transcript of all the entries made in my docket, relating to said case of John
oe & Co., plaintiffs, against Edward Jones, defendant, and that such transcript is accom-
anied by all the process and other papers filed with the justice relating to such suit.
Given under my hand, this ...... day of ..... 18......
UEL RAMSAY, Justice of the Peace..
No. 180.-CERTIFICATE TO A TRANSCRIPT OF A JUDGMENT.
[Caption and conclusion as in last form.]
I, Uel Ramsay, a justice of the peace within and for the township of C......, in the
ounty of C......, aforesaid, hereby certify that the above and foregoing is a true and com-
lete transcript of the judgment rendered in said cause, as the same appears in my docket..
1668
NATURALIZATION.
NATURALIZATION.
No. 181.-DECLARATION OF INTENTION TO BECOME A CITIZEN.
Be it remembered that, on the ...... day of
18......, Thomas Tatum, a native of
the kingdom of comes into court and makes oath, on the Holy Evangelists of Al-
mighty God, that it is bonâ fide his intention to become a citizen of the United States, and
to renounce and abjure forever all allegiance and fidelity to every foreign prince, poten-
tate, state and sovereignty whatever, and particularly all allegiance and fidelity to
of whom he is now a subject [or citizen.]
......
THOMAS TATUM.
Subscribed, &c.
L. S.
George BartlEY, Clerk.
In witness whereof, &c.
GEORGE BARTLEY, Clerk.
No. 182.-CERTIFICATE OF CITIZENSHIP.
.....
Be it remembered that, on the ...... day of ......
day of ........., 18......, Thomas Tatum, a native of
the kingdom of ....., came into court and made application to become a citizen of the
United States; and it appearing, to the satisfaction of the court, that, more than two years
ago, the said Thomas Tatum made oath before on the Holy Evangelists of Almighty
God, that it was bonâ fide his intention to become a citizen of the United States, and to
renounce and abjure forever all allegiance and fidelity to every foreign prince, potentate,
state and sovereignty whatever, and particularly all allegiance and fidelity to ......, the King
of
And it being proven to the court, by the testimony of Edward R Parker and
James H. Tucker, citizens of the United States, who were examined on their oaths as wit-
nesses, that the said Thomas Tatum has resided continuously within the United States,
five years, and one year, at least, immediately preceding this application, in the State of
Missouri; and that, during that time, he has behaved as a man of good moral character, at-
tached to the principles of the Constitution of the United States, and well disposed to the
good order and happiness of the same; and thereupon the said Thomas Tatum made oath
that he would support the Constitution of the United States, and that he does absolutely
and positively renounce and abjure all allegiance and fidelity to every foreign prince, po-
tentate, state and sovereignty whatever, and particularly all allegiance and fidelity to
King of .; and thereupon the court admits the said Thomas Tatum to become a citizen
of the United States.
In Witness, &c.
L. S.
GEORGE BARTLEY, Clerk.
No. 183.-CERTIFICATE, WHERE THE APPLICANT CAME TO THE UNITED STATES UNDER AGE.
Be it remembered that, on the ...... day of
18......, personally appeared in
and it appearing to the satis-
open court, Thomas Tatum, a native of the kingdom of
faction of the court, by the testimony of Edward R. Parker and James H. Tucker, citizens
of the United States, that the said Thomas Tatum is twenty-one years of age, that he has
resided five years within the United States, three of which were next preceding his arrival
at the age of twenty-one years, and one year within this State next preceding this applica
tion; that, during that time, he has behaved as a man of good moral character, attached
to the principles of the Constitution of the United States, and well disposed towards the
good order and happiness of the same, and that, for the three years next preceding this ap-
plication, it has been bonâ fide his intention to become a citizen of the United States; and
thereupon the said Thomas Tatum declares, on oath, that it has been his intention, for the
three years next preceding this application, to become a citizen of the United States, and
renounce and abjure forever all allegiance and fidelity to every foreign prince, potentate,
NEGROES AND MULATTOES.
1669
te or sovereignty whatever; that he will support the Constitution of the United States,
d does now renounce and abjure forever all allegiance and fidelity to every foreign prince,
tentate, state or sovereignty whatever, and particularly all allegiance and fidelity to
..., the King of........., of whom he has heretofore been a subject; and thereupon the
urt admits the said Thomas Tatum a citizen of the United States of America.
In witness whereof, &c.
L. S.
NEGROES AND MULATTOES.
GEORGE BARTLEY, Clerk.
No. 184.-ORDER OF JUSTICE TO WHIP A SLAVE FOR HARBORING A SLAVE.
CATE OF MISSOURI,
County of C.......
SS.
he State of Missouri to the Constable of C......... township, in the county of
greeting: -
A........., a slave, belonging to John Jones, having upon a trial before me, John Den,
e of the justices of the peace within and for the county of С........., been convicted of
rboring [or concealing,] in C......... township, in the county of C........., aforesaid,
a slave, belonging to Peter Fen, who had absented himself, [or deserted] from
s master or overseer, as appears from the docket of the said justice: You are, there-
re, commanded to take the said A......... into your custody, and forthwith inflict upon
s body the punishment of stripes, and certify to the said justice how you have
kecuted this writ.
....·
Given under my hand, this ...... day of
18......
JOHN DEN, Justice of the Peace.
No. 185.-CERTIFICATE TO THE CAPTOR OF A RUNAWAY SLAVE.
CATE OF MISSouri,
County of L.......
SS.
John Den, a justice of the peace within and for the county of C........, certifies that
hn Smith, of the county aforesaid, has this day brought before him A........., [a negro,
mulatto,] as a runaway slave, and that it appears to him, the said justice, that the said
is a runaway slave, the property of John Jones, of the county of H........., and
at the said A......... fied from the said John Jones, in the county of H........., [or is the
operty of some citizen of this State, to me unknown, as the case may be,] and was ap-
ehended by the said John Smith, at ………………………, in the county of C........., and that, in the
inion of the said justice, the distance between the place where the said runaway was
prehended and the place whence he fled, as aforesaid, is miles.
Given under my hand, this ...... day of ……….. 18......
.....
JOHN DEN, Justice of the Peace.
No. 186.-WARRANT TO CAPTOR TO CONVEY RUNAWAY SLAVE TO JAIL.
TATE OF MISSOURI,
County of C.........
}
SS.
he State of Missouri to John Smith, greeting:
You, having brought before me, one of the justices of the peace within and for the
unty of C........., A……………………., [a negro, or mulatto,] as a runaway slave, and it appear-
g, to the satisfaction of the said justice, that the said is a runaway slave, belong-
1670
STRAYS.
ing to some person to me unknown: These are, therefore, to authorize and command you
to convey and deliver the said runaway slave, together with this warrant, to the keepe
of the common jail of the county of C…........: And you, the keeper of said jail, ar
hereby commanded to receive the body of said A………………….., and him safely keep within you
jail, until he shall thence be discharged by due course of law.
Given under my hand, this ...... day of
18......
,
JOHN DEN, Justice of the Peace.
No. 187.-WARRANT TO SEARCH FOR OUTLYING slaves.
STATE OF MISSOURI,
}
County of H........ss.
The State of Missouri to the Sheriff, or any Censtable of C......... township, in the county
of H........., greeting:
Information having been given to me, John Den, one of the justices of the peace
within and for the county of H........., aforesaid, by John Smith, that there is a runaway
slave named A........., [or whose name is unknown,] lying out, hid or lurking, in the said
county of H........., belonging to John Jones, of the county of H........., [or whose owner's
name is unknown: ] These are, therefore, to command you to go in search of, and appre
hend, such outlying slave, and, upon his being apprehended, to commit said slave to the
jail of the county of H.......... And you, the keeper of said jail, are hereby required to
receive the body of said slave, and the same safely keep within your jail, until thence dis
charged by due course of law.
Given under my hand, this ...... day of ……………….
18......
JOHN DEN, Justice of the Peace,
STRAYS.
No. 188.-OATH OF TAKER UP.
STATE OF MISSOURI,
County of .........ss.
This affiant, John Smith, states that, on the
day of ..... 18......, in C.........
township, in the county of.C………….., he took up as a stray, on his plantation, in the township
and county aforesaid, a gelding, [horse or mare, according to fact,] of a ......
......
.....
color, aged
years, feet and ………….. inches high, [add the marks and brands, if any, and such
other particulars as to make a full description,] and that the marks or brands of said stray
have not been altered by him, or any other person to his knowledge.
Subscribed and sworn to, &c.
JOHN SMITH.
No. 189. OATH OF APPRAISERS.
STATE OF MISSOURI,
County of C.......} $8.
SS.
John Doe, Richard Roe and John Foe, state that they will fully, fairly and impartially,
appraise a certain
county of C......
,
taken up as a stray, by John Smith, of C...... township, in the
Subscribed and sworn to, &c.
[Signatures.]
No. 190.-CERTIFICATE OF APPRAISERS.
The undersigned, John Doe, Richard Roe and John Foe, appraisers, appointed, and
▪worn, fully, fairly and impartially, to appraise a certain
taken up as a stray, by
WILLS.
1671
John Smith, of C...... township, in the county of C......, certify that we have viewed the
said stray, and find the same to be [here describe the kind, marks, brands, size, color, sex,
age, &c.,] and do appraise the said stray at the sum of ...... dollars.
Given under our hands, this ...... day of …………….
18......
[Signatures.]
No. 191.
.....
BOND OF TAKER UP, NOT A FREE WHITE PERSON AND HOUSEHOLder.
We, John Smith, as principal, and John Jones, as security, stand indebted to the State
of Missouri, in the sum of dollars, [double the value of the stray,] upon this condi-
tion: Whereas, the said John Smith is about to take up a certain [here describe the ani-
mal about to be taken up, its kind, marks, brands, size, color, age, sex, &c.,] as a stray,
found on his plantation, [or within his lawful inclosure.] Now, if the said John Smith
shall, faithfully and truly, in all things relating to the taking up of said stray, comply with
the law in such case made and provided, then this bond shall be void, otherwise it shall
remain in full force.
Witness our hands and seals, this, &c.
JOHN SMITH,
JOHN JONES.
[Seal.]
[Seal.]
[Endorse.] This bond is approved by me, this ...... day of
day of ……………………., 18…………..
JOHN DEN, Justice of the Peace.
No. 192.-INSTRUCTIONS BY THE JUSTICE TO THE TAKER UP.
To John Smith, the taker up of a stray:-
I herewith deliver to you a copy of the entry upon my stray book.
You shall, immediately after the appraisement, cause a notice to be set up at three of
the most public places in the township in which the stray is posted, which shall contain a
copy of the entry on my stray book. If the stray was appraised at fifteen dollars, or more,
and there is a newspaper published in the county, say, and cause a copy of such notice to be
published in
tive weeks.
a newspaper published in the county of ………….., for at least three consecu-
If the owner of the stray in your possession do not prove it, according to law, within
twenty days from the time the same was taken up, you shall pay the clerk all fees, the
necessary postage, and the price of the advertisement.
You may use or work the said stray, if you do so in moderation, and do not abuse or
injure it; but you shall not sell or swap, or take out of this State, any stray, before the
legal title shall have vested in you, nor shall you keep the said stray more than three days
out of the county of C......, at any one time.
Given under my hand this day of .....
......
18......
JOHN DEN, Justice of the Peace.
WILLS.
No. 193. —ATTESTATION TO A WILL.
We attest the above and foregoing will, by subscribing our names hereto as witnesses,
in the presence of John Den, the testator, this ...... day of
18......
JOHN PEN,
JOHN REN.
-CERTIFICATE OF PROOF OF A WILL, BY THE CLERK IN VACATION.
No. 194.
STATE OF MISSOURI,
County of Jackson.}ss.
In vacation of the County Court.
……………………., 18……………., personally appeared before
Be it remembered, that, on the ...... day of .......
*Z VOL. II.
1672
WILLS.
the undersigned, John R. Swearingen, clerk of the County Court, of the county and S
aforesail, John Pen and John Ren, the subscribing witnesses to the annexed will of J
Den, and, being by me first duly sworn, depose and say, that the said John Den, the te
tor, subscribed the same in their presence, [or declared in their presence that he had s
scribed the same,] and published the said will or instrument of writing, as his last v
that he, the sail testator, was, at the time of publishing his said will, of sound mind,
more than twenty one years of age, and that they, the said deponents, attested the
will as witnesses thereto, by subscribing their names to the same, in the presence of
testator.
L. S.
JOHN PEN,
JOHN REN.
In witness whercof, I, John R. Swearingen, clerk of the County Court of
county of Jackson, and State aforesaid, have hereunto subscribed my n
and affixed the seal of said court, at office, in the county aforesaid, this
18......
JOHN R. SWEARINGEN, Clerk
day of
…………………….,
No. 195.
CERTIFICATE OF PROOF WHERE ONE OF THE WITNESSES SIGNED THE TESTAT
NAME.
STATE OF MISSOURI,
County of Jackson. } $s.
.....
day of
In vacation of the County Court.
......, 18….……….., personally appeared be
Be it remembered, that, on this
the undersigned, John R. Swearingen, clerk of the County Court of the county and S
aforesaid, John Pen and John Ren, the subscribing witnesses to the annexed will of
Den, and, being by me first duly sworn, the said John Pen deposes and says, that he sig
the name of John Den, the testator, to the annexed will, by his direction, at his req
and in his presence; and that the said John Pen and John Ren depose and say, that
said John Den, the testator, produced the said will or instrument of writing, and in t
presence declared the said instrument of writing to be his act, and published the sam
his last will; that he, the said testator, was, at the time of publishing his said wil
sound mind, and more than twenty-one years of age, and that the said deponents atto
the said will, as witnesses thereto, by subscribing their names to the same, in the pres
of the said testator.
{L.S.}
In witness, &c.
JOHN PEN,
JOHN KEN.
JOHN R. SWEARINGEN, Cler
No. 196. CERTIFICATE OF PROOF WHEN ONE OF THE WITNESSES CANNOT ATTEND
The testimony of the witness who attends may be taken as in No. 194, and the
shall issue a commission, annexed to the will, to take the testimony of the absent wit
which may be as follows:
STATE OF MISSOURI,
County of Jackson. } $3.
The State of Missouri to any Judge or Justice of the Peace, in the State of
greeting:-
Having confidence in your prudence and fidelity, you are by these presents autho
to cause to come before you, John Ren, one of the subscribing witnesses to the ann
instrument of writing, purporting to be the last will of John Den, deceased, at such
and place as you may appoint, most convenient to yourself and the said John Ren, a
examine the said John Ren, upon his oath or affirmation first made or taken before
touching the truth of his knowledge in relation to the execution and publication o
instrument of writing aforesaid; you are further authorized to reduce the examinati
WILLS.
1673
writing, cause the said John Ren to sign the same in your presence, certify how you have
executed this commission, and to return the same with the said will annexed, and the said
examination, to the clerk of our County Court of the county of Jackson, without delay.
In witness, &c.
CERTIFICATE AND RETURN TO BE ENDORSED ON THE COMMISSION.
18......, as will more
The within commission was executed by taking the examination of John Ron, at
in the county of
in the State of
fully appear by the said examination herewith returned.
Witness my signature,
......
this day of
SOLO LAW, Justice of the Peace.
No. 197.-CERTIFICATE OF EXAMINATION.
STATE OF MISSOURI,
County of C........
}ss.
......
day of
Be it remembered, that, on this
18......, personally appeared be-
fore the undersigned, Solo Law, a justice of the peace within and for the county of
in the State of ......, John Ken, one of the subscribing witnesses to the annexed will of
John Den, and, being by me first duly sworn, deposes and says, [that the said testator,
John Den, signed the instrument of writing annexed to the commission now shown me, or
that John Pen signed the name of the said testator, John Den, to the instrument of writing
annexed to the commission now shown me, by the direction, at the request, and in the
presence of the said testator.] The said John Ren further deposes and says, that the said
John Den published the said instrument of writing as his last will, was of sound mind,
over twenty-one years of age, and that he, the said John Ren, subscribed his name to the
said instrument of writing, as a witness thereto, in the presence of said testator.
Taken and subscribed before me, this .....
day of
18.......
"
JOHN REN.
SOLO LAW, Justice of the Peace.
No. 198.-CERTIFICATE OF PROOF WHEN ONE OF THE WITNESSES IS DEAD.
The testimony of the living witness may be taken as in No. 194 or 195.
STATE OF MISSOURI,
County of Jackson.}
SS.
In the vacation of the County Court.
Be it remembered, that, on this ...... day of....... 18......, personally appeared before
the undersigned, John R. Swearingen, clerk of the County Court within and for the county
of Jackson, and State aforesaid, John Doe, of lawful age, and, being by me first duly
sworn, deposes and says, that he was acquainted with John Den, the testator in the an-
nexed will, in his lifetime, and with his handwriting, and, also, with John Ren, one of the
subscribing witnesses thereto, and with his handwriting, having frequently seen them both
write their names, and that, to the best knowledge and belief of the said deponent, the sig-
nature of John Den to the said instrument of writing is in the proper handwriting of the
said John Den, and that the signature of the said John Ren, as a subscribing witness
thereto, is in the proper handwriting of the said Ren. The said John Doe further deposes
and says, that the said John Den and John Ren were neighbors and friends, and that he
has heard the said John Den declare that he had made a will.
In witness whereof, &c.
Jonx DOE.
[NOTE.—The clerk will, of course, take from the mouth of the witness such facts as he is willing to testify to,
and none others. This form is merely a suggestion as to the manner of taking and certifying the proof. The
proof shoul he endorsed on, or annexed to the will, the will and proof recorded. and filed in the office of the
clerk; and a copy of the will and probate, properly certified, should be given to the executor or administrator
with the will annexed.]
1674
WILLS.
No. 199.-CERTIFICATE OF THE REJECTION OF A WILL.
STATE OF MISSOURI,
County of Jackson.
}ss.
......
In the vacation of the Circuit Cour
Be it remembered, that, on the day of ........., 18......, an instrument of writ
purporting to be the last will of John Den, was exhibited to the undersigned, John
Swearingen, clerk of the County Court of the county and State aforesaid, to be proven,
that the same was rejected for the want of sufficient proof.
In witness whereof, &c.
JOHN R. SWEARINGEN, Clerk
INDEX.
PAGE.
to.......
ANDON, exposing child with intent
Abatement, plea in nature of, in at-
568
tachment suits.....
251, 267
not occasioned by lapse of term of
court, &c......
541
of action for dower, not to take
place by death of parties.......
not occasioned under habeas corpus
act, by death of parties.
679
848
not to take place from failure of
justice to hold court
not to take place from vacancy in
office
.943, 944
944
950
by death of plaintiff, not to take
place, when.
pleas in, to be on affidavit, 251.267, 1182
of suit, not to take place on death
of one of several plaintiffs or
defendants.....
..... 1273
not to take place on death of sole
plaintiff or defendant…………………...... 1272
not to take place on death of exe-
cutor or administrator.....1275, 1276
not to follow death of officer, 1275, 1276
Abbreviations, common in English
language, may be used......
Abstract, of conveyances to be kept
by recorder..
PAGE.
1315
of school lands to be forwarded to
Register of Lands...... 1406, 1407
of commissions and appointments
to be kept by Secretary of State 1452
of acts of Congress on authentica-
tion of public acts....
Academy, burning of.........
Acceptance of bill of exchange.....
Accessories before and after the fact
Accounts, of executors or adminis-
trators, to be rendered, when,
1603
571
293
638
159, 160
121
160
how rendered on death or resigna-
tion of executor or administra-
tor, or revocation of letters......
settlement of, how enforced......
in relation to public sales, how and
by whom certified…………….. .135, 136
of executors, administrators, &c.,
how affected by establishment
of new county, or alteration of
county lines...
511
for interest due estate, how to be
rendered...
137
538
A B C tables, setting up, &c.......
Abduction, of females......
626
by auctioneers, how and when to
be rendered...
284
564
of child, under twelve years of age 568
of slaves or servants........
568
settlement of, by surviving mem-
ber of copartnership, how en-
forced....
123
Abetting, forgery, counterfeiting,
598
732
&c., and other offences......597,
Abode, what deemed place of…………………….
Abortion, administering medicines or
using instruments to procure
567, 568
of commissioner of county seat of
justice, how to be kept, &c 509,
of collectors, &c, for money due
county and State..............523,
of guardians and curators to be
settled annually………..
...
of guardians of insane persons.. 868
of Public Printer, how allowed... 1307
of Secretary of State, how kept
510
524
828
Absconding Debtors, attachment may
be issued against........
operation of statute of limitations
against
238
1052
Absent Debtors, attachment against
Abstaining from prosecution of of-
238
.1452, 1453
of Auditor, how kept..........1540, 1541
of collectors to be exhibited to
fences......
602
Auditor.....
1542
Abstract, of demands against estates
of Treasurer of State...
1547
to be kept.......
156
of executions..
738
(See, chapter, Corporations- Min-
ing, Mechanical.)
of judgments and decrees..
906
of mechanics' liens to be kept..... 1067
of licenses to free negroes and
mulattoes.......
1094
Accountant General of the State,
Auditor declared to be.......
Accusation of criminal offence, how
to be made......
...83,
1539
84
1676
INDEX.
PAGE | Address.
Accused, right of, in criminal cases
83,
84
Acknowledgment, of deeds, convey-
ances, &c., regulated......358 to 365
of sheriff's deed..
.748, 749
of satisfaction of judgment and
decree, when and how, and by
whom entered, and effect thereof,
of satisfaction of a mortgage...... 1091
of marriage contracts...
Actions, by and against insane per-
SODS
what cognizable before justices of
the peace........
PAGE.
..925, 926
by landlords against tenants..1013,
1014, 1016, 1018
for use and occupation..
1013
866
905
on mechanics' liens....
limitation of.......
•
1068, 1069
1045 to 1053
1060
to foreclose mortgages
1087
....
of town plats........
1535
for partition.....
1110
forging certificate of......588, 589,
false personation of another in
making
590
on penal bonds...
1131 to 1136
civil, regulated
1216 to 1302
597
827
of deed by guardian or curator....
(See, chapters, Commissioners to
take Acknowledgments of Deeds;
Court, Common Pleas; Court,
Criminal; Court, Land; Letters
of Attorney; Limitations; Prac-
tice in Civil Cases.)
Acquital, variance not ground of,
unless
Acquittance, by guardian or curator
valid
1175
828
866
by guardian of insane person..
Actions, against executors and ad-
ministrators, &c., regulated..... 121
by executors or administrators,
what prosecuted and defended..
by and against executors or admi-
nistrators
for certain trespasses.......1552 to 1554
(See, chapters, Damages: Gaming;
Jails and Jailers; Limitations
and Practice in Civil Cases)
Act, Solemn Public
Public Act.)
(See, Solemn
723
723
Acts, printed, evidence of........
of sister States, evidence of........
authentication of, when Governor
disapproves or does not return.. 1021
repealing, how construed.....1021, 1022
authentication of, law of Congress
in relation to........
Adair County, limits defined..........
1603
455
132
ADDRESS.-CHAPTER 1......... 107 to
when to be voted and transmitted
to the Governor..
110
110
133
110
110
against boats and vessels regulat-
ed.....
503
303 to 311
on contracts, by aud against coun-
ties, regulated....
against delinquent purchasers of
lots, at the county seat of jus-
tice, regulated....
duty of Governor in relation to....
entry of removal in pursuance of,
to be made.
Charges, against judges and other
officers, how, by whom and when
preferred....
to be entered on the journals......
notice of, to be issued to accused..
notice of, when, how and by whom
served
107
1
108
508
108
how affected by establishment of
new county, or alteration of
county lines....
...........510, 511
108
accused shall respond to, in writ-
not founded on contract, damages
claimed in, to determine juris-
diction
ing..
109
accused failing to respond to, pro-
442,
443
ceedings to be ex parte.....
109
ex contractu, costs in, how adjudged
against persons enticing away or
harboring apprentices.....
443
each house to determine on, sepa-
rately..
109
191
by master against apprentice...... 193
on bond of assignee for benefit of
creditors
proceedings on, as on joint resolu-
tions.....
108
may be withdrawn, when….....
110
205
against corporations, how institut-
accused found guilty of, address to
be voted......
110
ed.......
376
Commission revoked, when
110
... •
costs in civil, how regulated, 440 to 448
Depositions, when to be taken.
108
by and against counties......
503
how to be taken....
109
9.
right of, not merged in felony..
643
Managers to be appointed..
108
....
of person injured, against the
master or owner of a slave......
645
of ejectment...
688 to
695
Removal, entry of, when to be made,
Replication to response of accused...
Trial, two houses to assemble at, in
110
109
of forcible entry and detainer
joint meeting....
109
788 to
792
proceedings on, regulated......
109
for freedom
810 to
812
questions arising on, how to be de-
for money lost at gaming....818 to
820
termined...
109
INDEX.
1677
by Governor..
Iministration.
Trial may be postponed, when..
Witnesses, how obtained.......
DRESS, judges may be removed by,...
Washington's Farewell....... 35 to
Adjutant General to be appointed
Admeasurement of Dower, proceed-
ings to obtain…………..
(See, chapter, Dower.)
PAGE.
Administration.
PAGE.
109
......
108
78
48
Affidavit, to petition for sale of real
estate.
...
by appraisers of real estate...
to petition for specific performance,
to demands against estate, by
whom made..
145
146
148
154
80
may be made by agent.........
by executor or administrator seek-
155
674 to 679
ing to set aside allowance made
during his absence.
157,
158
Administering, poison..
566
....
on appeals to be made....
174
medicine to procure abortion..567,
substance to woman to obtain car-
nal knowledge of her...
568
by commissioners to divide slaves,
Agent, to be appointed by executor
164
564
sence.
....
DMINISTRATION.
CHAPTER 2....
or administrator during his ab-
appointment to be in writing and
157
111 to
179
filed
157
Abstract of ju igments and demands,
notice to, of demands, to be notice
how kept.....
156
Account, how made on death, resig-
nation or surrender of letters...
of sales to be made and filed, 135,
of interest, when to be made by ex-
ecutor or administrator.....
of administration to be filed with
petition for sale of real estate…..
copy of, exhibited against estate,
to be served...
Accounts, to be rendered on applica-
to executor or administrator..... 157
to receive property of deceased
121
persons, when..
...167,
168
136
to give bond..
...167,
168
to preserve the estate and pay all
137
expenses
168
...
to settle annually, and how..
168
145
152, 155
tion for sale of land.....
145
to be entered and kept by clerk...
annual settlement of....
159
to pay balance into treasury.
to file receipts, where.
Allowance, to widow....
of expenses of repairs of estate...
to executor or administrator as
compensation
168
168
133
136
160
159
not made, citation to issue.
160
alias citation, and publication.....
neglecting to settle, proceedings.. 160
upon final settlement of, proceed-
160
for support of minor children...
to agent as compensation...
to him as proper credits.
166
168
168
of demands against estate, 124,
ings...
162
on settlement of, what claims al-
lowed....
161
what charges and expenses allowed, 161
final settlement of, what debts
charged in inventory allowed...
Actions, by and against executors and
administrators..
162
133
what shall not be brought by exe-
cutor or administrator..
pending at decease which survive,
133
how considered.
152
commenced afterwards, how......
Administrator, failing to settle after
152
121
citation, proceedings..
foreign, when to receive estate, 169 170
(See, title Administrators.)
Administrators, Public......... 175 to
Affidavit, by applicant for letters....
by administrator de bonis non......
by administrator with will annexed,
on complaint of waste,
on application for new bond..
annexed to and filed with inventory,
on complaint of embezzlement.....
by appraisers of personalty
by clerk of sales...
125, 150 to
Appeal, in what cases allowed……………………
when and how to be taken ....125,
bond to be filed.....
how far a supersedeas.
transcript to be sent to circuit
court..
proceedings in circuit court upon,
costs upon, how adjudged.... 443,
Apportionment, of assets, how made,
to undecided claims to be reserved,
of money required to be refunded,
Appraisement, of personalty, how
made....
to be signed by appraisers.
to be filed, when and where..
additional, when to be made
of real estate, when and how made,
certificate of, to be delivered.......
of personalty for distribution…………...
of personalty and slaves not sold
or hired out..
444
161
159
174
174
174
175
175
...
175
161
166
131
131
131
131
made evidence
131
...
179
115
filed in vacation to be examined by
court..
136
115
115
119
of personalty bound by lien of ex-
ecution or attachment to be se-
parate
138
119
146
129
146
130
165
131
135 136
139
1678
INDEX.
,
Administration.
Appraisers, of personalty, appoint-
ment and duties of............122,
qualification and compensation of,
of real estate. qualifications, &c..
Assets, to be collected by executor
or administrator
PAGE.
131
181
146
132
embezzled or concealed, how re-
covered.....
130
debt due by executor or adminis-
trator shall be.....
133
interest collected shall be………………….
137
residue from sale of real estate
shall be....……….
143
161
135
Administration.
Bonds, to be given, when slaves are
not sold or hired out.........138,
rejected, valid till new given
Books, of deceased, to be taken in
possession..
...
.....
embezzlement or concealment of,
how recovered..
Certificate of Location, may be sold,
to be assigned after sale....
PAGE.
139
117
129
130
139
139
Certificates of Stock, not to be sold,
except for payment of debts.....
to be distributed, when.........
140
140
Chattels, of deceased to be taken in
possession
129
embezzlement or concealment of,
bow recovered.....
130
of.........
166
nister.
114
160
121
apportionment of, how made.......
Assignment of bonds and notes by
executor or administrator......
Attachment, against persons refusing
...
160
173
138
138
to deliver property of estate..126, 127
to compel settlement, when......
orders of court may be enforced by,
personal property bound by, to be
sold
proceeds of sale to be applied to
payment of..
if real estate be bound by lien of,
fact to be stated in petition...... 143
proceeds of sale of such estate to
be applied to the payment of,
how
143, 144
if real estate be bound by lien of,
and be sold under junior judg-
ment, fact to be stated in peti-
tion.
:
Children, appropriation for support
Citation, to parties entitled to admi-
...
to compel settlement, when to issue,
costs of, by whom paid.......
136
160
160
to surviving partner, when to issue, 123
to executor or administrator to
comply with the law......
alias, to issue and be published....
revocation of letters, after, when..
to executor or administrator on
charge of concealment or em-
bezzlement..
.....
Clerk, at sales, to be appointed
to keep account of sales.
130
135
135
144
Attorney at Law, not to be security
in bond under this act.
116
lien by.....
143
to make affidavit to account...135,
Clerk of County Court, to grant let-
ters testamentary, &c., in vaca-
tion.
136
113,
118
Bonds, to be given by executor and
administrator
.115,
116
condition of...
116
to present same to court…………………. 113, 116
not to be executor or administra-
tor, when.......
113
by executors and administrators
with the will annexed.....
116
when may be executor or adminis-
trator
127
by administrator de bonis non.....
116
by administrator pendente lite.....
116
who may and may not be security
in.....
when may be taken as security....
when not to be taken as security..
to take further bond of executor
127
116
116
or administrator, when...
124
to be recorded and filed..
116
taken in vacation, proceedings
116
to issue citation to persons entitled
to administer.....
114
by administrator during minority
to take bond of administrator in
or absence of executor.
116
vacation..
.115,
116
new, when required..
117, 120
separate, when taken
114
•
belonging to estate may be assigned,
additional security in, may be re-
135
to see that securities are solvent...
to record bonds given by executors
and administrators....
116
116
and letters testamentary and of ad-
quired.
120
ministration
117
limitations to actions on....
121
not to deliver unrecorded letters,
may be sued on for waste..
172
penalty
117
on appeals, to be filed...
174
to be given by the surviving part-
to take separate bond, where two
or more executors..
114
ner
.122,
123
condition of...
122
may be executed by surviving
partner, where.....
to make deed to administrator who
purchases land at sale of real
estate.
147
123
further, to be given, when…………………………. 124
to keep abstract of judgments filed
and demands allowed.......
156
INDEX.
1679
1dministration.
Clerk of County Court, to record set-
tlements of executors and admi-
PAGE.
nistrators
159
to keep docket of executors and
administrators, and the terms.
when they settle..
160
Administration.
Copartnership Property, what laws
shall govern..
partner administering, subject to
same laws as administrators......
Costs, of citation to settle, by whom
paid....
PAGE.
125
175
121
to put up list in his office....
160
to issue executions against execu-
tor or administrator.....
of allowing demands against es-
tates...
156
161
to send transcript to circuit court
of suit in circuit court, by whom
paid....
157
on appeal.
175
in what case to be paid by credit-
Coexecutors, when not to act.
114
or.
.158, 159
their compensation......
160
Collection of debts, speedy, may be
ordered
137
•
Commissioner, to audit and settle de-
of process against delinquent, by
whom paid.......
Credit, on sales of personalty...134,
what shall be given at final settle-
160
135
mands against estates, when
appointed
ment.
162
158
his powers and duties..
158
to be given for payments for rail-
road purposes.
140
objections to his report, how de-
all demands paid by surviving part-
cided..
158
ner.....
124
Commissioners, to make partition of
slaves..
for taxes, repairs and other neces-
164,
165
expenses.
168
to report manner of partition. 164,
165
if report rejected, others to be ap-
Creditors, notice to, to exhibit de-
mands....
152
pointed.
164,
165
to make affidavit....
164,
165
Compensation, of witnesses to assist
executor or administrator....
131
of appraisers......
131
of executor or administrator.
160
of agent for preserving real estate,
168
Complaint, against executor or ad-
ministrator, how made.......
119
against securities.
119
may apply for sale of real estate..
not prejudiced by failure to pre-
sent demands before commis-
sioner.
not to be prejudiced by appropri-
ation to minor children....
bonds and notes may be assigued
to, in payment of debts..
demands of, against estates, how
classed....
145
158, 159
166
135
151
of concealment of effects.....
130
Concealment of effects, complaint of
regulations in establishing de-
mands of....……….
151, 158, 159
and proceedings.......
130
Continuance may be granted, when.
139
Contracts, for purchase of land, how
disposed of.
141
may be cancelled and land relin-
quished....
142
may be completed..
142
for conveyance of land, how en-
forced.......
148
with executor or administrator, how
enforced.
proceedings, when executor or ad-
ministrator claims as....
demands of, how liquidated and
settled.....
of estate of non resident, regula-
lations touching…...
168, 169
may suggest a devastavit against
executor or administrator.....
may bring action of waste or suit
on bond..
156
...161, 162
171
172
149, 150
Conveyance, of real estate under will,
by whom...
contract for, how enforced.....148,
Copartnership Property, to be inven-
toried by executor or adminis-
trator....
141
proceeds of execution founded on
such action, how distributed
among
172
149
may resist claims against partner-
ship estate.....
125
may take appeal, how and when...
125
122
De Bonis Non, affidavit of applicant
how disposed of......
122
for letters, nature of......
115
when to pass to executor or admi-
bond of administrator, nature of..
116
nistrator
123
..
letters, when granted.....
118
debts.
to be applied to the partnership
•
if taken by executor or adminis-
Debts and Demands, due estate to be
122, 123
collected
132,
133
trator, additional bond to be given
administration of.........
where it shall be...
124
121 to 126
122
due by administrator, assets.......
by executor not discharged by ap-
pointment........
against estates classed...... .125, 151
133
133
*z 2—VOL. II.
1680
INDEX.
Administration.
Debts and Demands, to be listed by
executor or administrator
limitation against.
against estates, how to be exhibit-
ed and established............152,
not allowed without affidavit
notice of, when and by whom served,
notice of, may be waived by admi-
nistrator or executor...
to be heard and determined in a
155
PAGE. | Administration.
PAGE.
153
Discharges, when to be void.....
Distributee, becoming purchaser, his
137
125
receipt good....
165
153
not appearing, money to be lent out,
not appearing in one year, money
167
154
155
to be paid into State treasury.... 167
appearing afterwards, how to get
his money
167
not claiming slaves, &c., within
summary way.
when tried with and without jury,
not due at trial, how settled...
155
...
156
one year, the same to be sold...
disposition of the proceeds......
to have notice of application for
167
167
156
due to executor or administrator,
how established....
156
distribution of personalty......
claims of, to be ascertained.
Distribution, of personalty may be
165
165
allowed, estate to pay costs..
156
ordered
137
...
court to determine class.
157
allowance to be endorsed....
157
not compelled in less than one year,
unless legacies perishable..
164
164
157
157
to be presented before commis-
sioner....
162
124
how and in what order to be paid,
notice of, may be given to agent of
executor or administrator
bind what property..............124, 125
allowance of, in such case, how set
aside....
....157, 158
158
to be credited to executor or admi-
nistrator on final settlement.....
of partnership to be credited…….……...
what, to be exhibited for allow-
when not to be made within three
years
refunding bond, when required....
upon any settlement, how made...
in kind not practicable, proceed-
ings
...
if practicable, how made......164,
commissioners to be appointed.....
sale for purpose f.......
claims of distributees to be ad-
justed....
distributee not applying, to be no-
164
164
164
164
165
164
164
...164, 165
auce
124, 125
exhibited on service of notice, 152, 153
Debtor, appointed executor, debt not
tified..
...
165
distributee purchasing property,
his receipt good.......
165
discharged
133
how made when real estate sold
Deed, to be made to executor or ad-
ministrator, by clerk, if execu-
tor or administrator be purchaser
of land.........
proceedings to obtain, after death,
&c., of executor or administra-
and personalty reserved..
165
rights of widow in such case…………..
165
apportionment of money required
147
to be refunded...
166
how refunding compelled....
distributee not appearing, money
166
tor...
148
to be lent out...
167
effect of
148
Deeds of Trust, no sales under, with-
in nine months.......
142
Delinquent, executor or administra-
tor, proceedings against.
121
Demands (See, Debts and De-
mands.)
Depositions, in support of demands
may be taken...
155
Deputy Clerk of County Court, not to
be executor or administrator....
113
nor security in bond...
116
.....
not appearing in one year, money
to be paid into the treasury... 167
receipts for, to be taken and cre-
dited to executor or adminis-
trator
of the estate of non-residents, re-
gulated.......
on final settlement of tax certifi-
cates, receipts or certificates of
stock, at their actual value......
Docket to be kept by clerk….......
Effects, concealed or embezzled, how
167
168, 169
140
160
Devastavit, may be suggested, when 171
recovered...
130
proceedings thereupon.
171
action for, when, and effect of
not to be opened or examined with-
out witness
.129, 130
judgment.....
172
proceeds of judgment, how ap-
plied.....
172
Embezzlement, complaint of, pro-
ceedings......
Equitable Interest in land, when
130
bond may be sued on for.....
172
sold....
142
letters may be revoked on account
of
Discharges may be given by executor,
119, 120
137
Equity of Redemption may be sold..
Estates, assistance in taking care of,
142
may be procured ………….
.136, 137
INDEX.
1681
Administration.
Estates, when not to be sold…………..
when to be delivered to widow..
of non-resident decedent, how dis-
posed of....
PAGE. | Administration.
PAGE.
135
166
Insane Person not to be executor or
administrator.......
113
...168, 169
Interest, on debts to estate, shall be
assets.....
137
Evidence, of debt and title to be
taken in possession.
129
when to be paid by executor or ad-
ministrator
137
embezzlement or concealment of,
how recovered.
130
to be accounted for, by whom..
Inventories, to be made..
137
...
122,
129
letters testamentary and of admi-
nistration to be.
117
inventories and appraisements, how
far......
131
and sale bill of personal property,
136
in support of demand against es-
tates, regulated
154
deed by executor or administrator
additional, to be filed.
witnesses to assist in making
how far evidence...
to be examined by court
separate, of personalty bound by
lien of execution or attachment,
of personalty or slaves, not hired
out or sold....
129
129
131
136
....
138
139
shall be.....
148
Execution, on apportionment to cre-
ditors
to be filed on application for sale
of land.......
145
.......161, 162
returned unsatisfied, scire facias to
of deceased member of copartner-
ship, how made...
122
issue
162
....
against securities.
162
upon judgment for waste
172
on judgment for rendition of pro-
affidavit annexed to, nature of.....
of demands against estate, how
kept and returned by executor
or administrator………….
129
153
perty...
126
issued against claimant.
154
to be filed, when and where..
Judge of Probate, not to be execu-
131
Executor, failing to settle, proceed-
tor or administrator....
113,
175
ings.
121
....
nor security in bond...
116
foreign, when to receive estate....
(See, title Executors.)
169
Judgment, lien of.....
143
Failure by executor or administra-
tor to settle, proceedings......... 121
Femme Covert, not to be executrix or
admini tratrix
113
Femme Sole, marrying, letters re-
voked....
119
Final Settlement, when and how
made
162
Foreign Executor or Administrator,
when to receive estate.......169, 170
Goods, of estate, to be taken into
possession
129
embezzlement or concealment of..
Guardian ad litem, may be appointed
130
when infant is non-resident..
170
powers of; to give bond......
170
(See, Judgment.)
to hold and manage property
170
Hiring of Slaves, when to be made..
136
when not.………….
138
ing demands against estate......
Justice of the County Court, not to
153
when and how may be suspended
in vacation.......
139
be executor or administrator....
nor security in bond....
113
116
where to be made..
136
when, may be either
127
Husband of executrix or adminis-
Land, lease of, how authorized.
136
tratrix, no authority....
119
Imprisonment, orders may be en-
forced by
173
....
Incapacity of certain persons to
act as executor or administrator,
Infant, appropriation for support of,
guardian ad litem may be appoint-
ed for.....
repairs on, when to be made.......
power to sell, by whom executed,
contracts for, may be completed...
interest in, may be sold
136
141
141
142
113
may be relinquished......
142,
143
166
school, purchased, may be relin-
quished.....
142
170
mortgaged, may be redeemed......
142
property of, may be transferred to
another county......170, 171
sold for payment of debts, when,
how
143
junior, sale under, property may
be resold to satisfy senior...
to be filed in the county court and
classed.....
……………………..151, 152,
against securities, when.
against distributees and legatees..
to bind only property of partner-
ship..
Judgments, if lien of several be
124, 125
even, proceeds, how applied..... 144
Junior Judgment, purchaser of land
under, to be notified....
may pay amount of prior judg-
ment
....
144
144
144, 145
failing to do s land to be sold...
>
Jurisdiction of County Court, aliow-
144
157
162
....
166
1682
INDEX.
proceedings thereupon
...
PAGE. | Administration.
Letters, of administration, form of..
of administration, revoked by pro-
bate of will.....
Administration.
Lan, if bound by lien of judgment or
attachment, fact to be stated.... 143
if bound by lien of several judg-
ments or attachments, dates,
amounts, &c., to be stated.....
sold under junior judgment. fact
to be stated.....
testamentary revoked if will is set
aside
de bonis non, when granted…………..
revoked by marriage of executrix
or administratrix..
PAGE.
118
118
143
119
115
144
144
119
sold under junior judgment, when
to be resold
revocation of, for what causes.....
144,
145
proceeds of sale, how applied, 144,
to be appraised before sale
private sale of, not to be for less
145
146
... 118, 119, 120, 160
not to be granted to a non resi-
dent
114
surrender of, when, how
120
than three-fourths of appraised
value.
147
.....
who capable of taking out, 113, 114, 127
notice of grant of…...
131
contracts for conveyance of, how
enforced
148
may be revoked for failure to
settle..
160
deer for, by executor or adminis-
trator
147
....
of non resident decedent, how dis-
posed of.........
168,
169
Land Scrip, may be sold
139
to be assigned after sale.
139
Lease, of real estate, when made....
136
Limitation, of action against securi-
ties on bond...
of demands against estate.... 151,
to proceedings on part of infants
or married wom-n, for setting
aside order of court for specific
execution of contracts
121
152
149
to he for not more than three
years.
136
Lists, to be filed on application for
sale of land ….
145
Legacies, when paid within a year...
164
of demands against estate to be
on payment of, refunding bond to
kept.
....
153
be given.
164
of settlements to be made and put
payment of, how made..
164
up.....
160
specific, first satisfied...
164
Maintenance of widow and chil-
when property to be sold for pay-
dren, allowance for
166
ment of....
specific, not required to be re-
funded..
...
164, 165
Majority of executors or adminis-
trators must join, when...
137
166
Legatee, not appearing, money to be
loaned out....
167
his money.
not appearing within one year,
money to be paid into State trea-
sury
appearing afterwards, how to get
not claiming slaves, &c., in one
year, same to be sold
disposition of proceeds of sale....
when unknown, agent to preserve
Marriage of femme sole, executrix
or administratrix, effect of
Married woman, cannot be executrix
or administratrix...
119
113
167, 168
how long allowed after disability
for exhibiting demands against
estate
152
...
.167, 168
limitation to proceedings
y, to
set aside order for specific per-
167
formance of contract..
149
167
Marshal not to be security....
116
Minor, shall not be executor or ad-
real estate
.167, 168
ministrator
113
Letters, by whom and where granted,
113,
127
gran ed in vacation, to be present-
ed to court.
appropriation for support of……………
same to be deemed as so much dis-
tributed to such....
166
166
...
..113,
116
Money, concealed or embezzled, how
who incapable of taking.......113,
who entitled to, and in what order,
114
recovered
113,
114
testamentary, to whom granted
with the will annexed, and pen-
114
to be collected by administrator...
loaned by executor or administra-
tor, interest shall be accounted
for.
130
129
137
dente lite..……….
115
statement of, when to be made by
during minority, or absence of ex-
executor or administrator.
137
....
ecutor...
115
may be loaned, when......
137
to be recorded and certified......
117
of distributee or legatee not ap-
delivered before recorded, penalty,
117
copies of, evidence..
117
pearing, how disposed of.........
of estate, how apportioned among
167
testamentary, form of......…………..
117
creditors
161
INDEX.
1683
Administration.
PAGE.
Money, when to be paid into State
treasury
..167, 168
how recovered from State treasury
...
Administration.
Oath, to be taken by applicant for
letters.......
PAGE.
167, 168
to be opened and examined in pre-
sence of witnesses...
129
if opened and examined without
witnesses, penalty......
130
Mortgage, redemption of, when......
142
of persons offered as securities....
by claimant of demand, or agent,
against estate..................
in such case not required of exe-
cutor or administrator
when may be administered by com-
missioner
115
116
154, 155
155
158
no sale to take place under, till
Offsets(ee, chapter, Set-off.)
nine months..
142
Order, where made....
113
Non-resident, not to be executor or
administrator
114
for speedy collection of deots….....
for suspensio of hiring or sale
137
legatee or distributee, share to be
loaned out
138,
139
167
for mouey, to be lent....
137
decedent's property, how disposed
for sale of real estate
146
of.....
167
for specific performance.
149
Notes may be assigned to pay debts,
Notice, of grant of letters....
135
131
to creditors......
131
when there are no known heirs....
of sale of personal estate........
135
135
for redemption of property
of allowance of demands..
of ale of equity of redemption...
of payment, when made.....
appointing agent of real estate,
142
153
142
161
of intention to resiga letters......
120
...
167,
168
to purchaser of land under junior
judgment......
of sale, for distribution....
164
144
to plaintiff in such judgment……….
how given.....
144
144
to appoint guardian ad litem.
for delivery of property.. 126,
transferring property to another
170
136
.....
of application by creditor for sale
of real estate…...
County
170,
171
145
for necessary repairs……..
136
of application by executor or ad-
ministrator for order to sell real
estate, how published.....
demand legally exhibited upon
serving...
for sale of interest in lands
142
for lands to be relinquished..
142
145
of partition of slaves.
.164, 165
152, 153
without benefit, wheu.
153
Papers, to be taken in possession.... 129
not to be opened without witness,
129, 130
130
concealed or emb zzled, how re-
covered……..
:
of sale of real estate to be pub-
lished; publication by hand-
bills dispensed with.
146, 147
-
of petition for specific perform-
Partnership (See, Copartnership,
and Surviving Partner.)
ance...
149
of demands against estate
155
Partners (See, Copartnership, and
Surviving Partner.)
when and by whom served..
155
may be waived by executor or ad-
Payment, of debts, when ordered....
failure to make, proceedings.
161
161
ministrator
155
for lauds completed, when
138
may be given to agent of execu-
tor or administrator.
157
...
praisement of....
executor absent, and no agent, to
be filed...
perishable, to be sold..
157
Personal Estate, inventory and ap-
to be sold to pay debts........
129,
131
134
135
......
to distributees, when and how
given ……..
165
to refund, when and how given....
to be given before judgment against
166
to be sold when no known heirs...
sales of, public and private…………………….
bound by lien of execution to be
135
135
inventoried
.....
138
securities or legal representa-
tives.........
proceeds of, so bound, how applied, 138
127
when not to be sold.
135
to be issued, wheu, how, and by
whom served..
when to be left with widow or
127
family...
138,
139
new, may be issued, when
127
security to be given for...
139
to be given by succeeding execu-
tor or administrator
may be reserved and real estate
132
sold, when....
146
of applications suggesting waste..
Oath, to be taken by executor and
administrator
171
may be sold for purpose of distri-
bution.....
164
115
reserved from sale, how distribut-
of money on hand......
137
ed......
165
酆
​1684
INDEX.
169, 170
..164, 165
...
.170,
171
143
148, 149
for same, by executors or admi-
nistrators..
149,
150
to set forth what facts......
144
to be accompanied by a true ac-
count of administration.
145
Power, by will, to sell land, executed,
by whom..
141
of county court and clerk thereof
to grant letters
113
in regard to executors and admi-
nistrators.....
........116, 117
of county court over executors and
administrators ...119, 120, 126,
136, 137,
142
PAGE.
Administration.
Personal Estate, not claimed by leg-
atee or distributee, to be sold.... 167
of non-resident decedent, how dis-
posed of........
may be divided in kind, proceed-
ings..
may be transferred to another
county..
Petition, for sale of real estate.
for specific performance of con-
tract...
Administration.
Railroad Tax Certificates, not to be
sold, except for payment of debts
to be distributed, when..............
Railroad Tax Receipts, to be convert-
ed into stock
not to be sold, except.
to be distributed, when
Real state, in course of administra-
PAGE
14
14
14
14
14
12
tion to be accounted for and de-
livered up, when and to whom..
to be delivered up when exccutor
or administrator dies.........121, 12
executor or administrator to take
charge of, make inventory of,
when..
to be leased by executor or admi-
nistrator, for what term.………………..
repairs on, when ordered by court,
sale of, under will, by whom exe-
cuted..
interest of deceased in, when and
how relinquished.
mortgage on, when and how re-
decmed....
12
13
13
14
14
when to be sold.....
14
•
14
to order rendition of property.
of county court, over legal repre-
sentative of deceased executor
or administrator...
over surviving member of copart-
nership....
126
equity of redemption of, when or-
dered to be sold....
14
126
petition for sale of, to pay debts,
when and by whom filed...
bound by judgment or attachment,
14
123
to order sale of personal estate
135, 137, 138, 139
to order estate to be delivered to
166
widow, when..
in relation to real estate, 141, 142,
143, 144, 145, 146, 147
to order specific performance of
contract..
149, 150
in allowing demands against es-
tate
153, 154, 155
to make appropriations in support
of minor children..
166
fact to be stated in petition..... 14
proceeds of sale of, how applied... 14
bound by judgments or attach-
ments, nature of petition for sale
of …..
proceeds of sale of, how applied...
purchase of, under junior judg-
ment, proceedings.
privilege of purchaser of, under
junior judgment, when and how
exercised....
to be sold free from incumbrances,
on failure of such purchaser to
cxercise privilege……………………
14
14
14
14
in case of disobedience of orders...
of commissioner to audit and set-
tle demands...
173
•
144, 1
158
petition for sale of, by what ac-
companied...
1
of court to appoint an agent to re-
ceive property
sold, and personal estate reserved,
...
167,
168
when and how..
1
to appoint guardians ad litem...
170
order for sale of, when made.
1
to order the transfer of property
to another county.
170
appraised before sale, how....
notice of sale of what, and how
1.
Probate Court, governed by adminis-
tration law
published....
...
.146, 1
175
sale of, where made and how con-
clerk of, governed by same law....
Provisions, widow to have value of,
175
ducted
1
out of assets.
134
Public Administrators.
175 to
179
...
Purchaser, of real estate under junior
judgment, to be notified...
may pay prior judgments or at-
tachments..
144
private sale of, how restricted...... 1
purchase of, by executor or admi-
nistrator, how restricted..
report of sale of, how made and
how approved.…………
1
1
144
Railroad Tax Certificates to be con-
verted into stock..........
contracts of deceased for convey-
ance of, when and how enforced, 1
when sold by order of court on
140
settlement...
1
INDEX.
1685
Administration.
Real Estate, when sold to pay debts,
distribution, how made.
of non-resident, administration on,
regulated.....
preserved by agent........
expense of, to be allowed agent....
contracts for purchase of, how
carried into effect, after death
of contractor...
PAGE. | Administration.
165
not be.....
168, 169
167, 168
Securities, who may and who may
must be solvent..
PAGE.
insufficient, what proceedings...... 119
proceedings by, against co-sureties
116
116
168
or principal...
119
discharged, when and to what ex-
tent....
120
141
limitation of action against......
121
Receipts, may be given by executor
court to give judgment against, for
or administrator..
137
what and when
126
void, when.....
137
by widow, for what..
134
proceedings against, where princi-
pal fails to pay over.
165, 166
Redemption of Mortgaged Property,
Sequestration, orders may be en-
when..
142
forced by....
173
equity of, may be sold....
142
Set-off, may be exhibited.
154
how enforced
....
Refunding Bond, when to be given... 164
Relinquishment, of lands purchased,
when and by whom made...142, 143
Remedy against persons for embez
zling or concealing effects.....
166
to be decided by court or jury,
when..
156
not due, to be adjusted.
156.
not rebated, execution not to issue
till due....
156.
130
Settlement, where made.
113
...
Renunciation, what deemed....
114
•
Repairs of real estate, when to be
made....
136
to be eutered and kept by clerk...
to be made auuually by executor
or administrator.
159
159-
Resignation, of letters, when and
how made.......
not made, citation to issue.
160
120
expenses of, by whom paid...
120
Revocation of letters..118, 119, 120,
160
Sale Bill, to be made by clerk of sale
and filed....
135
filed in vacation, to be examined
ed........
by court.
136
what disbursements
of property bound by lien of exe-
cution or attachment, separately,
Sales, of perishable property.
of other personalty to pay debts..
of personalty, when not to be made,
when there are no known heirs
may be ordered by court..
138
131
135
135
135
alias citation and publication.……….
failure to make letters may be re-
voked
of accounts, how made ...... 160,
what charges and expenses allow-
disposition of balance of moneys
on hand.....
when made, proceedings till debts
are paid or assets exhausted.....
final notice of, how published....
how conducted
160!
160
161
140, 160
140,
160
161
161
162
162
...
137
in vacation may be suspended.... 139
of real estate under will, to be
debts charged in inventory, what
to be credited
162
made, by whom....
141
upon any, legacies and shares to
be paid.....
164
of equitable interest in.
142
on purchase of equity of redemp-
tion.....
Sheriff shall not be security in
bond.
116
142
Slaves, when to be hired out
136
for payment of debts...
143
when not to be
138
proceeds of, first applied to judg-
ment lien.....
143
147
...
...
proceeds of, application where se-
veral judgments......... .143, 144
public. of real estate, when, how
conducted.
when to remain with widow or
family
hiring of, in vacation, may be sus-
pended..
...
...
138, 139
139
may be sold for purpose of distri-
bution
164.
private, not to be for less than
not claimed by legatee or distribu-
three-fourths of appraised value,
147
report of, to be made......
147
void, if not approved.....
147
valid, if approved........
147
new, may be ordered....
147
of mortgaged property not to be
within nine months..
142
tee, to be sold…...
where to be hired out
to be sold last of all the personalty,
proceedings where distribution of,
may be made...................164,
Specific Execution of Contract, where
and how obtained..
167:
136
•
135.
165:
148
Scire Facias, against securities.....
162
how directed and served.
162
how enforced by executor or admi-
nistrator
149,
1686
INDEX.
Administration.
Specific Execution of Contract, na-
ture of, petition for, and affidavit..
order for, when made by court
petition for, may be brought in
circuit court..
...
PAGE. | Administration.
PAG
148
Widow, when to apply for same......
to receipt for same..
13
13
149
such property not liable for bus-
band's debts..
13
149
proceedings for, may be removed
from county to circuit court,
when.
property not taken, proceeds to be
paid to......
13
149
not deprived of her portion by sec-
tions fifty-seven and fifty-eight
proceedings for, in circuit court,
of article two…...
13
how conducted
149
proceedings by executor or admi-
when she may retain personalty... 13
not required to give refunding
nistrator...
.........149,
150
bond, when.....
16
appeal on orders for, allowed......
Surviving Partner, has the right to
manage partnership effects......
bond to be given by
may be required to account..
when his name may be used…….
shall exhibit partnership property
and surrender same, when.
174
rights of, in distribution.
16
121
...
.122,
123
when estate to be delivered to......
to have value of provisions out of
assets if not on hand...
16
13
...
123
123
to have portion of hire of slaves
124
124
...
and rent of real estate.
Will, produced, letters to be revoked 11
set aside, letters testamentary to
16
inventory to be taken by..
122
be revoked.......
11
shall cause property to be ap-
praised
122
sales of real estate under, by whom
made.
14
shall administer, where...
་ •
121, 122
property may remain with.
122
Witnesses, two appointed to assist in
making inventory...
12
shall give information..
124
their compensation..
13
may be cited
124
may be committed to jail.........
124
when executor or administrator
competent.
13
may pay demands without being
allowed.....
124
has the right to administer....
121
may resist claims against partner-
ship..
125
may appeal, how, when...
125
ADMINISTRATION, when, and when not,
to be granted on estate of ward 82
limitation runs from grant of, 1051, 105
Administrators, by what authority,
and when appointed.
to apply property to payment of
partnership debts........
administering, subject to what laws
refusing to exhibit or surrender,
who shall not be.....
123,
124
who preferred to be.
....
175
penalty
124
Testimony, as to solvency of securi-
for letters..
ties.
116
on application for sale of real es-
tate..
146
...
Trials, where had
113
Waste, may be suggested
171
proceedings thereupon..........171,
172
action for, and effect of judgment..
172
execution upon judgment......
172
proceeds of judgment, how ap-
plied...
172
bond of executor or administrator
pendente lite, or during minority,
or absence of executor....
oath to be taken by, on application
bond to be given by……..
additional security, wheu required
letters to be delivered to.....
form of letters of.
may be revoked.... 118, 119, 120,
becoming non-resident, revocation
of letters.....
may surrender letters
becoming insane, or an habitual
drunkard, or convicted of felony,
proceedings...
....
11
.113, 11
11
11
11
11
11
1
11
16
11
12
11
may be sued on for....
172
or mismanagement of estate, let-
ters may be revoked for.
duty, where letters are revoked or
surrendered.
11
119
costs on application for inquiry
into.....
171
if willful and fraudulent, appli-
cant to recover double damages
and costs.....
172
Widow, allowance to, in addition to
dower...
133
may take other property, not ex-
ceeding two hundred dollars.... 134
representatives of, their duty in
cases of death...
proceedings against successor, or
remaining executor or adminis-
trator.
de bonis non, when appointed......
failing to settle, proceedings....... 12
actions by and against, what may
be maintained....
12
12
12
what prohibited………..
132 13
13
INDEX.
1687
132, 133
claiming as creditor, how to pro-
ceed
...
156
duties with respect to copartner-
ship property.
122
duties of, where surviving partner
fails to administer on partner-
ship effects......
123
124
124
127
114
170
129
....
122,
129
130
130
131
131
in such case to give further bond,
partnership property to be surren-
dered to.
court to give judgment against,
for rendition of property... 126,
non-residents shall not be......
foreign, when to receive estate, 169,
shall collect estate....
shall make inventory..
penalty on, for opening or examin-
ing effects without witnesses.... 130
proceedings by, in case of conceal-
ment or embezzlement......
proceedings against, on complaint
of concealment or embezzlement,
to cause appraisement to be made,
to publish notice of administration,
successor not to publish notice of
letters as published by prede-
absenting himself, to appoint agent
in writing....
may object to allowance, when, 157,
shall make annual settlement, 159,
failing to make, proceedings...
failing to make payment of claims,
proceedings..
Administrators, actions pending, to
be prosecuted or defended by
PAGE.
Administrators, competent to make
deeds in cases of relinquishment
PAGE.
142, 143
proceedings to obtain sale of land
to pay debts......
143, 144, 145
may obtain specific performance of
contract....
duties with reference to real estate
bound by lien.......
plication for sale of real estate, 145
judgments surviving against, how
considered.
149
..143, 144
duty of, where creditors make ap-
152
shall keep a list of demands..
may waive notice of demand
may establish demand against es-
tate...
153
155
156
157
158
160
160
161,
final settlement by, how made...... 162
may be compelled to distribute
money....
162
165, 166
cessor....
132
to give notice where there are no
known heirs.
to sell laves for distribution.
to distribute proceeds.
liability for waste......
proceedings on judgment for waste
170
...
170
171
132
....
•
171, 172
to collect and receipt for debts....
debts due from, to their testators
or intestates, assets....
shall sell perishable property, 134,
shall sell other personalty to pay
debts.....
132
133
135
to account on his bond for failure
to distribute money...
to have notice of application sug-
gesting waste....
170
171
135
not liable to garnishment...... 246,
when county divided, where to set-
247
may assign bonds and notes to pay
debts.
tle......
511
135
shall give notice of the sale of per-
sonalty
135
shall sell personalty where there
are no kuowu heirs.
135
may sell personalty at private sale,
when.
duties in cases of escheat...... 716, 717
copy of bond of, evidence.
of sheriff, to deliver to his succes-
sor executions not executed....... 749
may sue for penalties under habeas
corpus act...
729
848
135
shal employ clerk at public sale..
135
of tenant for life, may recover rent,
when.......
1010, 1011
shall file sale-bill.
136
...
shall lease real estate......
136
may recover rent due to intestate
at his death....
1011
may procure labor to take care of
when to be made parties in the Su-
estate.
136,
137
preme Court
1299
shall account for interest received,
137
shall render statement on oath, of
to deliver over public records held
by intestate..
1310
money on hand
137
....
majority of, shall join, when…………..
137
duties with reference to personalty
may recover property lost at gam-
ing...
819
bound by lien......
138
with the will ann xed, to sell and
convey ands, when.
141
(See, chapters Court-Land;
Dower; Escheats; Jails and
Jailers; Landlords and Tenants,
and Practice in Civil Cases.)
Administrators, Public.………….
175 to
179
by whom annointed.
176
142
.....
tenure of office......
176
142
to take oath and give bond……..
176
may complete payment for lands.. 141
to sell interest of testator or in'es-
tate in lands, when.......
to redeem lands, when and how...
AA VOL. II.
1688
INDEX.
Advertisements.
Administrators, Public, certificate of
appointment, oath and bond, to
be filed and recorded....
PAGE.
PAGE
176
Advertisements, concerning meeting
of commissioners to select new
location of county seat..
514
copies of bond of, evidence…....
176
of dissolution of limited partner-
who may sue on his bond......
176
ship
1124
how to be removed from office…………..
176
compensation
...
176
may be indicted and fined..
177
general powers and duties.
177
to conform to general law of ad-
ministration..
177
defacing of, &c., penalty for...………….
Affidavits, required of applicants for
letters of administration.........
of executor......
to complaints against executor or
administrator
63-
114
115
119
•
letters, granted to another, to ac-
count and pay over..
177
duty of officers to inform, of es-
tates...
178
shall sue to recover estates.
178
proceedings by, before justices, to
recover estates.
178
on application for additional secu-
rity in bond of executor or ad-
ministrator, nature of.
annexed to inventory of estates by
executor or administrator.......
against persons concealing or em-
bezzling effects of deceased per-
119
129
judgment in such cases, how en-
son.....
130
forced..
178
...
effect of judgment...
178
costs in such proceedings regulated, 178
appeals allowed.....
178
recognizance, form of.
178, 179
of appraisers of personal estate by
executor, &c., nature of.....
of clerk employed by executor or
administrator at public sale, to
sale-bill
131
135, 130
proceedings on appeal.
179
on judgment......
179
court may order, to account and
of executor or administrator to
statement of money on hand, to
court......
137
deliver money to heirs, &c. ......
may administer oaths....
179
177
of superintendent of erection of
county buildings..
499
Admission of Missouri...
99 to
103
of commissioners for selecting
Admissions (See, chapter Practice
county seat of justice....
505
in Civil Cases.)
of commissioner of seat of justice
Ad quod damnum, writ to issue in
of county.......
500
case of mill-dam, when..
1082
of commissioners for new location
new writ of, when....
1083
of county seat.....
515
Adultery, open and notorious, how
punished...
624,
625
in what manner and by whom
taken.....
1102, 1100
good cause for divorce...
662
of wife, bars dower...
672
charge of, actionable....
647
to demands before allowance..
may be made by an agent..……………….
of commissioners to divide slaves
154
155
Advalorem tax to be paid by mer-
164,
165
chants.....
1073
Advancement to children, to be
brought into hotchpot.....
661
what not deemed an...
661
Adverse possession does not invali-
date deed to land.....
355
ADVERTISEMENTS.
- CHAPTER 3...
180,
181
publication of, how proved.
180
costs of, by whom paid………...
180
how exhibited and taxed…………..
180
when paid by county...
180
that infant has no guardian....
for order granting appeals.
to complaints against boats
in suits for partition of boats, 317,
(See, chapters Court-Criminal;
Ejectment; Evidence; Forcible
Entry and Detainer; Practice in
Civil Cases, and Roads and High-
ways.)
Affirmation, in what cases and by
318
whom administered.........1102, 1106
Affrays cognizable before J. P........ 977
Age, lawful, for executor or admi-
170
174
...
303
public rates allowed for printing of,
publication of, duty of public offi-
180
nistrator
113
cers.
181
of apprentice to be stated in in-
denture.....
190
...
to be made in the county newspa-
per...
181
of judge to be stated on oath, and
filed....
532
ADVERTISEMENTS for letting out pub-
lic bridges, by whom and how
published..
within which marriage shall not be
contracted without consent of
parent or guardian.....
1062
325
lawful for making will.......
1567
INDEX.
1689
Agricultural Societies.
Agencies of Foreign Insurance Com-
panies-(See,
chapter Insur-
ance Agencies.)
Agencies of Foreign Banks-(See,
chapter Banking, Illegal-Cur-
rency)
Agent, to be appointed by executor
or administrator during his ab-
sence..
to be appointed by court to pre-
serve estate....
authority of, to be in writing,
when...
PAGE.
Aliens.
PAGE.
Constitution to be printed, &c......... 185
County Court, may appropriate a
certain sum annually........183,
order of, to be recorded, where....
Dissolution, when had, distribution
184
185
285
to be made........
185,
186
causes of...
185
Members, to be directors..
182
157
who are....
185
by-laws, &c., to be circulated
•
167, 168
among, when....
185
two-thirds of the, may dissolve
806
the society..
185
of foreign insurance company,
duties of
885
of corporations aggregate may
bind corporations by parol con-
tracts, when…..
371
to elect a board annually....………………….
Notice given of sales of property...
Papers to be filed..
President of Board, to preside over
meeting and board.
182
185
.185,
186
183
may be appointed by county court,
embezzlement by..
502
579
parties may appear by, in justices'
courts....
939
(Sce, chapters
Corporations
to cause the constitution and by-
laws to be carried into effect.... 183
Property, to be applied to what uses,
amount of, limited.
•
183, 184
182
Railroad, and Crimes and Pun-
to be sold, when....
.185, 186
ishments.)
Records to be filed....
185,
186
Agreements, with boatmen, to be in
Secretary to keep a record.
183
writing..
299
what required to be in writing, 806
to
809
State Agricultural Society, to make
report to General Assembly......
Treasurer, to give bond...
184
183
on gaming consideration, void......
(See, chapter Crimes and Punish-
ments.)
819
duties of.........
183
to receive appropriation made by
county court.....
183, 184
181 to
186
182
182
182
182
182
...
.182, 183
182
183
to expend county court appropria-
tion, how..
AGRICULTURAL SOCIETIES.
CHAPTER 4....
Agricultural Societies, may be incor-
porated, how and by what court,
powers and privileges of…...
may have a seal...
Board of Directors, first elected....
to be annually elected.....
powers and duties of
vacancy in, how filled....
may appoint and remove officers
182, 183
proceedings of, to be public... 182, 183
to adopt a constitutiou and by-laws, 183
moneys and donations to be appro-
priated by...……………..
if minor, sale to be by guardian..
Guardian to account for proceeds of
real estate, when and to what
AIDING, Commission of crimes, 556, 565,
576, 600
escapes
605
ALIENS. CHAPTER 5...
Ale-house, keeping open on Sunday,
Alienage of ancestor, no bar to in-
heritance...…………
empowered to hold and alienate
631
661
..186, 187
real estate.....
186
Alien Heir, may sell certain real es-
tate...
187
effect of sale by…....
187
187
court
187
183,
184
to make report annually.
184
Real Estate may be sold by alien
heirs
187
duties of, on dissolution of society
185, 186
majority of, competent to transact
business....
183
to consist of nine directors......
powers and duties of the society
182
vested in.....
182
Books to be filed..
185, 186
By-laws, to be adopted...
183
to be printed and circulated..
185
Constitution to be adopted........
183
Sales, effect of, by alien heirs.
void, if not made in good faith....
to be by guardian, if alien heir be
a minor..
ALIENS, may sue, notwithstanding the
statute of limitations.......1050, 1051
not entitled to a jury of part aliens, 1189
naturalization of........ .1609 to 1616
Alimony-(See, chapter Divorce and
Alimony.)
...
187
187
187
1690
INDEX.
Alliance not to be entered into by
PACE.
...25, 26
States......
Allotment of hands to work on road, 1875
Allowance, to widows....
for support of children....
of court or officer, forgery of….....
Altering will, deed, &c., bauk note,
&c.......
Amendments, to Constitution of Uni-
ted States, how made..........30,
of State Constitution, how made..
of return and allegations in pro-
ceedings by habeas corpus.
of pleadings and proceedings in
justices' courts.
...133, 134
166
593
588, 591
31
82
Divorce and Alimony; Justices'
Courts; Practice in Civil Cases;
Practice in Criminal Cases;
Court Common Pleas;
Court-Criminal; Court-
Land; Court
Court-Law Commis-
sioner's, and Schools.)
Appearance-(Sec, chapters Jus-
tices' Courts, and Practice in
Civil Cases.)
Applications, to the Legislature, in
PAGE
840
945
(See, chapter Practice in Civil
what cases, notice to be given.. 1035
for county roads, how made...
for vacation of county, roads…………..
for relief under insolvent law, how
made......
1370
1373
871
Cases.)
Amendments and Jeofails-(See,
for warrant, to be on affidavit,
when...
1527
chapter Practice in Civil Cases.)
Amicable Actions cognizable by jus-
tice of the peace..
929
Andrew County, limits defined
456
Animals, cruelty to..
633,
634
trespassing, owner liable for da-
in Congress...
mages....
854,
855
in the Legislature.
may be killed for third offence, 854,
marks and brands of........1057 to 1059
altering marks and brands of, 577,
railroads liable for killing or injur-
ing
855
Appointment, bribing to procure………..
assuming office without....
(See, chapter Practice in Civil
Cases.)
Apportionment, of representatives
of three per cent. fund..
611
615
20,
21
....
.65, 91, 1320
1365
(See, chapter schools.)
578
Appraisement, of personal property
allowed to widow....
134
040
of lots at county sear, on contem-
(See, chapters Noxious Animals,
and Crimes and Punishments.)
Annual Settlements, by executor and
administrator..
by guardian of insaue person……………
by collectors......
Answer (See chapters, Boats and
Vessels; Damages; Ejectment
Gaming, and Practice in Civil
Cases)
plated removal, for what pur-
pose made.....
519
..........153,
by guardians and curators......
160
of property assigned for benefit of
creditors
204
828
of lost money and goods...…….
1054
SUS
of lost or wrecked boats, &c.....
1403
.1840, 1862
of strays........
1508
of personal property bound by lien
of execution
138
....
Appeal, in proceedings by public ad-
ministrator to recover property,
178
of estates-(See, chapter Admi-
nistration.)
Appraisements, examined by county
court, when....
136
from order vacating or affirming
award...
Appraisers, duty of, in relation to the
198
by attorneys, on charges against...
280
in cases of boatmen
301
in suits against boats and vessels, 312
of felony abolished....
643
in cases of dower.....
680
in actions of ejectment..
693, 694
estate of a deceased copartner.. 122
surviving partners to exhibit part-
nership property to, when.......
appointed, by executor or adminis-
trator to appraise personal es-
tate, who shall be....
affidavit required of..
124
131
131
•
in cases of escheat.....
720
duty of......
131
in actions of forcible entry and
appraisement of, where to be filed, 131
detainer
•
797
compensation of.......
131
in suits for freedom...
812
of real estate before executor or
in cases of breach of the peace....
930
in partition cases
1122
...
from decision of Auditor and claims
against State.
from assessments, to be in writing, 1335
(See, chapters Administration;
Corporations - Railroad; Cor-
porations-Road Associations;
adm'r who, and affidavit of......
of effects assigned for benefit of
creditors, how appointed......... 204
146
1546
duty of.
204
appraisement of, when and how
filed.
204
compensation of…..
204
of lost money and goods.........
1054
INDEX.
1691
pprentices.
Appraisers, of lost or wrecked boat,
&c.
of strays, their duties.
(See, chapter Telegraph Compa-
nies.)
PPRENTICES.-CHAPTER 6...187 to
Affidavit to be made by master ………………
Age of apprentice to be inserted in
indenture..
Apprentice, minors may bind them-
selves as, by consent of father,
&c.........
PAGE.
1403
1508
Arbitration and References.
Indenture of Apprenticeship, cove-
nants in...
court to see that they are fulfilled
PAGE.
189
189,
190
survives to and against survivor...
Limitation of actions against ap-
192
193
prentice.
193
188
Master, not to remove apprentice
out of this State
190
190
complaint of, how heard and de-
termined
190
188
wishing to remove, may deliver up
apprentice.
192
may bind themselves by consent of
county
cause of action of, against appren-
188
tice
193
may be bound by mother, when...
188
Misconduct of apprentice, warrant
poor children may be bound as, by
to issue
191
county court
189
proceedings on warrant..
191
orphans or minors may be, by
guardian
189
Negro or Mulatto Apprentice not to
be educated....
190
age of, to be inserted in indentures,
complaints of, proceedings on……..
190
Removing apprentice out of this
190
misconduct of, proceedings..
enticing away, penalty for...
harboring, penalty for.....
may be bound by executor.
removing of prevented.
desertion, cause of action against
191
191
191
State, proceedings to prevent... 192
Warrant, to apprehend apprentice
for misconduct, when to issue...
proceedings on return of
191
191
192
...
192
APPRENTICES, embezzlement by
579
190, 193
minors without estate, may be
bund.
.828, 829
negro or mulatto, not to be elu-
cated.....
not to be removed out of this State, 190
court may discharge, when.
190
limitation of actions against
proceedings to prevent removal of,
out of this State..
negrocs and mulattoes to be bound, 1094
190
ARBITRATION AND REFERENCES.
CHAPTER 7..
193 to 202
193
·
Arbitration, who may submit to......
194
192
what may be submitted, and how…….
costs of, how tax d.
194
197
Complaints of Apprentices, how heard
payment of, may be ordered m
and det rmined……….
190
award.....
197
Complaint of Master, how heard and
costs of, when award vacat d, who
determined.
190
to pay.
198
County Court, may bind poor chil-
dren
189
revoking submission to, liability of
party revoking.
198
to see that indentures and cove-
nants of apprenticeship are ful-
filled, &c.
power to revoke, limited, how
proceedings in action on bond for
198
...
189,
190
198,
199
to see that apprentice is not ill
used ……..
.189, 190
may dissolve contract of appren-
ticeship.
Covenants, in indenture, specified... 189
court to see that they are fulfilled
189, 190
damages or, what recovered.
Arbitrators, duty of, on submission,
cath of....
199
194
194
190
powers of
195
Damages may be recovered by mas-
ter against apprentice.
193
Desertion, couse of action against
apprentice.
cannot be revoked, when....
all to meet; when majority may.
award of, how authenticated
how and when confirmed...
notice before confirmation of
motion to vacate, upon Whit
198
195
195
195
195
193
grounds...
...
195,
196
Enticing away apprentice, penalty...
Executor may hind infant.....
191
192
188
189
Father, incapable of consenting to
bind apprentice, mother may....
incapacity of, how established 188,
Guardian may bind orphon or minor, 189
Harboring apprentice, penalty for…..
191
motion to vacate and modify..
vacated or modified by court, pro-
confirmed or modifiel, jugment
how rendered………………
obedience to, how enforced..........
motion to modify or correct
196
196
coelings..
196, 197
197
197
1692
INDEX.
PAC
Army, power of Congress to raise...
Arraigning defendaut on indictment, 11
Arrest, exemption from, of Senators
Arbitration and References.
PAGE.
Arbitrators, judgment on motion,
effect and force of.......
197
record of, its contents.
197
writ of, error or appeal on………….
.197,
198
vacated, who pays costs..
198
writ of error or appeal on, allowed,
....
......
197,
198
vacation, if reversed, proceedings,
court of equity, authority of, not
impaired ....
198
198
compensation of....
201
Depositions may be read in evidence
before referees....
200
Notice, served, how and by whom....
201
evidence of service of...
201
...
Referees, qualifications of..
199
to be appointed to fill vacancies...
to appoint time and place for trial,
may proceed ex parte......
may continue trial, when...
authority of.......
199
199
199
......
.199,
199
200
200
depositions may be read before....
power to examine parties and re-
quire production of papers......
party refusing may be reported by,
may report award, when..
may imprison party, when.......
power of court over.
compelled to report.......
report, if confirmed, judgment....
compensation of...
Report of referees, shall recite what,
to be returned to court...
exceptions to, to be made, when....
if allowed, matter to be referred…..
Sheriffs and other Officers, what fees
allowed...
200
and Representatives...... 22, 23,
exemption from, of electors.....
without legal authority, punish-
ment..
of judgment, in criminal case, not
to bar second trial...
judges and clerks of election, and
voters, exempt from......
after discharge under habeas cor-
pus, penalty for.........
exemption from, of witnesses....
(See, chapter Practice in Cri-
minal Cases.)
6
8
15
Arrest of Judgment - (See, chapter
Practice in Civil Cases.)
Arsenic, selling, without label, &c...
Arson, definition and punishment....
....570, 5
Articles of Association (See, chap-
ters Corporations - Benevolent
Associations; Corporations
Railroad Associations; and Cor-
porations Road Associations.)
Articles of Confederation..........7 to
Arts and Sciences, power of Con-
gress in promoting..
Assault, by negro, with intent to
commit rape..
ແ
...
Ө
with intent to commit felony....
upon officer, executing process.
Assault and Battery, not indictable..
cognizable before justice of the
peace, proceedings.........977 to
Assembly, General, legislative power
200
200
200
if required, to report exceptions to
their decisions....
200,
201
how to proceed, oath of..
199
all must meet and hear...
200
.....
majority may report....
200
200
200
201
201
201
201
201
201
how constituted..
201, 202
Subpoenas may be served by private
person
201
....
Testimony to be reduced to writing..
Witnesses, fees of.........
200
201
ARBITRATOR, taking bribe, punishment
for....
attempting to bribe, how punished,
Archives of French and Spanish
....601,
602
602
governments, conveyances be-
longing to and recorded, and
copies of, evidence..
vested in......
who eligible to.
..65,
members of, their privileges, elec-
tion and compensation........68,
how chosen, and for what term....
(See, chapter Legislature-Com-
pensation.)
Assessment, erroneous, may be cor-
1336, 1348, 13
rected ....
(Sce, chapter Revenue)
Assessors (See, chapter Revenue.)
Assignee, proceedings for foreclosure
of mortgage on death of.......
may sue for rent.....
entitled to patent...
of judgment, may sue, when
Assignment, of bond, bill or note,
how proved.......
of judgment, to be in writing. 907,
of bonds and notes by executor or
administrator
725
Arms, right to keep and bear .....32,
furnishing to slaves in rebellion...
exempt from execution.........738,
.738,
free negro or mulatto not to have,
without license..
83
556
739
1094
....
found in possession of fice negro
or mulatto, forfeited........
found in possession of slave, for-
feited....
for benefit of creditors....
1094
1474
(See, chapter Assignment )
of delivery bond, by constable, in
attachment suits...
10
·
10
14
9
1
202 to
2
INDEX.
1693
1205
1298
320, 321
.320, 321
Assignments — Voluntary.
Assignment, to defraud creditors.....
of public securities, forgery of.....
of dower, proceedings......... 673,
of leases, to be in writing..
of trusts, to be in writing..
of notes, &c., given for gaming
consideration, not to affect de-
fence
PAGE. | Asylum -- Blind.
PAGE.
583
Assignee, to pay interest, how much
589
and for what.
208
674
to exhibit assets....
208
806
how discharged...
208, 209
807
to deliver assets..
209
proceedings against.
207
to file inventory.
204
819
additional inventory
204
986
what evidence required by.
206
of preemption certificates, how....
of counsel for prisoner, when...... 1181
of error, in criminal cases, not ne-
cessary
....
of error in Supreme Court.
Assignment of Bonds, Notes and Ac-
counts, regulated..
assignee, may sue in his own
name...
cascs certified to circuit court by... 206
failing to file inventory……..
•
207
power of court over.
207
removed, court to appoint another,
to deliver books, papers, &c........
estate conveyed by, ordered to be
207
207
sold...
207,
208
may administer oaths..
206
set-off and discount against as-
signee, when allowed......
defence in such case not changed..
..320, 321, 322
assignee can get no greater in-
terest than assignor had....
assignee in, after assignment, not
´to release...
bond to be given by………..
.204,
205
322
authority of, deemed revoked…………..
may continue causes...
205
.206,
207
Bond, to be given by assignee...204, 205
conditions of..
205
322
how filed and recorded...
205
may be sued on, how..
205
322
assignee may sue assignor, when…..
(See, chapter Bonds, Notes and Ac-
counts.)
ASSIGNMENTS-VOLUNTARY.-
323
or rejected..
taken in vacation to be approved
approval or rejection of, recorded,
205
205
new, to be given, when…...
205
valid till new given
205
•
...
CHAPTER 8.
202 to 210
new, to relate back to date of as-
signment.....
205
Appeal allowed..
209
Citation, to assignee, when issued,
Application of assignee, for dis-
nature of....
.205,
207
charge
208,
209
not to issue until, when.
205
to set forth what..
208,
209
Debts, to be paid pro rata.
210
to be referred, when.
objections to....
.....
209
...
Error, writs of, allowed....
209
209
Appraisers, to be appointed..
204
of court.
...
to take oath..
204
Exceptions may be taken to action
Liabilities to be paid, how..
209
210
to file appraisement and oath.
204
Notice, of exhibiting and filing ac-.
compensation of.......
204
counts..
.205,
206
duties of....
201
Assignment, duty of assignee in, 202, 203
expense of advertising, how paid,
of time and place of adjusting de-
206
inventory of effects in....
204
mands.
206
duty of circuit court to appoint ap-
how given......
206
praisers of property.
204
Power of assignee in adjusting de-
appraisers, duty of..
204
mands.....
206
additional inventory..
204
....
evidence required by assignee in...
206
ASSIGNOR incompetent to be a wit-
judgment of assignee final, unless
claim be referred.......
ness, when...
1577, 1578
206
cases certified by assignee to cir-
cuit court..
creditors in, precluded from bene-
.206, 207
206
207
Assigns― (See, chapter Limitation.)
Assistants-(See, chapter State Li-
brary.)
Associations-(See, chapters Corpo-
rations Benevolent Associa-
tions; Telegraph Companies.)
Assurances, concerning credit, &c.,
void, unless in writing.......... 809
Atchison County, limits defined....... 457
210 ASYLUM-BLIND. CHAPTER 9.
fit....
assignee failing to file inventory or
bond, proceedings……….....
power of court over assignee....... 207
preference given to one creditor
over another, void.......
Assignee, to make payments on de-
mands allowed.....
to give notice of payments...……………….
—
208
208
.210 to 214
Asylum, established for education of
blind........
.........210, 211
1694
INDEX.
Asylum-Blind.
PAGE. ¡ ASYLUM
ASYLUM-DEAF AND DUMB. PAGE.
Asylum, government of, vested in a
board of trustees.....
CHAPTER 10...
214 to
218
211
Asylum, government of, in whom
to be conducted, how.....
211
vested...
215
who admitted as county pupils,
indigent mutes may be sent to.....
217
and how...
213
stay of State beneficiaries at, li-
who may be educated at.
213
mited.....
218
terms of admission into.
213
...
Auditor, duties of...
217
only residents of the State to be
Bond, to be given by commissioners,
215
admitted into........
213
approved of......
215
Blind Persous, to be educated at asy-
Jum..
where filed....
215
213
Commissioners, their number, ap-
if indigent, to be admitted free....
and to have the preference...
213
pointment, and tenure of office,
213
215,
218
only indigent, to be State benefi-
vacancies, how filled.
215
ciaries..
213
to take an oath.
215
proper objects of charity, how ad-
mitted....
power of, to bold property.
215
213
to give bond.......
215
Conveyances, to be recorded.. 213,
214
general powers of...
215
to be filed, where......
213,
214
shall appoint officers..
215
County Court, to grant certificate, to
whom.
define their duties.....
216
213
and fix their term of office
216
certain expenses of indigent blind
to be borne by
determine their salaries.
216
213
may maintain actions..
216
Damages recovered, how appropria-
to keep record of proceedings.
217
ted.....
212
Legislature, power of, over asylum
to make report to Legislature...
shall visit asylum, when.
217
217
and laws regulating it ...
213
Meeting, annual, when held.
213
Officers, to be app-inted by trus-
to certily to Auditor certain facts,
to pay to superintendent amount
of warrants..
217
217
tees.
........211, 212
qualificatious of a-sistant teachers
County Court, to send indigent uutes
to asylum
217
211, 212
duties of, and tenure of office pre-
to cause certificate to issu
Damages recovered, how appropri-
217
scribed in by-laws
212
ated
216
...
may be removed
212
Deaf and Dumb, indigent, to be edu-
shall make rep rts......
212, 213
cated at asylum……..
217
Principal, qualifications of.
212
entitled to certain sum, annually,
oath f.....
212
as a support......
217
duties of, di fine.
212
•
none but indigent can be State be-
to make reports to Legislature, 212,
Property, how hell and applied…….
hereafter purchased to be deed d
218
ueficiaries.....
218
211
Exemptions, certam, specified....
218
to State.......
211
Meet ng, anual, when held..........
Money or support of mutes, drawn,
217
devised or bequeathed to be ap
how and when
217
...
plied, how.
211
Trastres, appointed, how
211
number of. and tenure of office.
211
Officers, appointment, residence and
removal of....
Principal, appoinment and residence
215, 216
to take oath of office.......
211
of........
•
215, 216
have power to hold ert.in pro-
may he
emov ....
216
perty to use of asylum……………..
duties and powers of…..
211.
qual fications of...
216
211
to appoint a principal and teach-
ers
211, 212
·
to define cuties of officers and ten-
ure of office
212
may remove them from : ffice
212
shall take an oath
powers and duties of........... 216,
to make report to Legislature......
shall furnish boarding and tuition
to State ben ficiar es.
may receive pay pup ls..
216
....
217
217
218
218
may determine their salaries
212
certificate of, evidenc
J
218
may maintain actions…...
212
tenure of office..
216,
218
tą keep a record of their proceed-
Salaries, determined, by whom
216
ings
212
when and how paid
216
to reportto Legislature, when, 212, 213
shall visit asylum....
State Beneficiaries, stay of, at asy-
213
lum limited....
218
Vacancies, how filled..
211
amount of annual support of.......
217
INDEX.
1695
Asylum-State Lunatic.
State Beneficiaries, none but indi-
gent to be admitted as....
PAGE. | Asylum-State Lunatic.
County Court Patients, definition of
PACE.
1
218
the term of.....
235
to have preference in admission to
asylum........
who are entitled to be...
235
218
how long decmed........
.225, 236
Treasurer, duties of...
217
(See, Insane Poor.)
Criminals, Insane, how dealt with,
ASYLUM-STATE LUNATIC.
.232, 233,
234
CHAPTER 11…..
219 to
236
to be sent to asylum, when...
232
Accounts, when prima facie evidence,
221
to be confined, when......
232
to be sent to county court..
Actions maintained, for what, and
in whose name
227
to be kept in pour-house or county
jail....
233
221
may be pardoned..
233,
234
Admission, form of request for, 223,
insane poor to have preference in,
recent cases to have preference in,
224
Evidence, what prima facie
221
227
certificate of Superintendent, 221, 222
Exempied, persons, from certain
over other cases
227
public duties
222
counties to have what proportion
in
Governor, powers of
233,
234
227
proceedings for, of insane poor,
Indigent Insane, explanation of the
term of.......
235
.228, 229,
230
(See, Insane Poor)
Annual Meeting of board, when.
222
Insane Poor, county courts may send
Asylum, government of.......
219
to asylum, their....
226
insane persons admitted into......
222
to have the preference in admis-
Attorney's Fee to be taxed
234
Bond, to be given before admission
of pay patient……..
223
form of.....
224,
225
sion
who should accompany
to be furnished with clothing, 227,
proceedings for the admission of,
227
227
....
230
required, when...
230,
231
.228, 229, 230
By laws, prescribed by board....
220
continued in force.
222,
223
relatives to have preference in tak-
ing, to asylum.....
230
Clerk, statement to be filed with.....
228
when pay patients become county
to issue subpoenas.
228
patients
230
duty of.
229
when county patients become pay
to furnish clothing to insane, when,
to issue warrant......229, 231, 232,
penalty for failure to issue war-
raut...
230
patients....
.230,
231
233
supplies for, how paid..........227,
explanation of the term of.
233
235
shail furnish copy of order ...282;
to make out copy of acquittal.....
may be removed from office. when,
Clothing, pay patients to have cer-
tain
.225,
indigent insane to have, what, 226,
Compensation, of relatives taking
insane to asylum....
.232,
231
233
who are embraced in the term of,
235, 236
233
Insanity, form of certificate of case
234
224
226
227
230
of assistants....
280, 234,
235
of sheriff
234,
2:5
form of statement of case of....
recent case of, to have preference,
an account of the cause of, to be
seut with patient.........
not to be inquired into, when……….
Interest recoverable, when....
Managers, number of....
228
227
227
233
221
219
for daily support of patient...234, 235
Construction of this act..
222
County Courts, may send insane poor
to asylum.....
appointment and tenure of office..
to have notice of appointment.....
vacancies, how filled.....
219
219
219
226
certain expens. s paid by.......226, 2:5
duties of...
226
to take oath of office............219,
to hold real property in trust for
asylum..
220
220
clothing furnished at cost of.
accounts to be forwarded to.
227
how to apply certain personal pro-
227
perty'.
220
to allow accounts..........
227,
228
powers and duties of............
220
to pay amount of accounts to the
shall appoint the officers of asy-
treasurer
..227, 228
lum ...
220
to examine witnesses.
228
to have order made, if person
found to be insane...
orders of, in relation to patients,
shall prescribe duties of officers,
and term of office
220
228, 229
may remove officers
220
230, 231
to determine salaries of officers... 220
to keep record of proceedings..... 222
AA 2- VOL. II.
1696
INDEX.
Asylum-State Lunatic.
Managers, to make report to Gene-
ral Assembly
shall visit asylum..
PAGE.
Attachment.
PAGE.
222
222
certain patients not discharged
Superintendent, to send accounts to
county courts...
to advise clerk if patient can be
received.....
227
229
without consent of
234
Officers of Asylum, by whom ap-
pointed...
220
to endorse receipt on warrant, 229,
to give notice of removal of pa-
tient.
230
231
shall reside in asylum, except
treasurer
220
salaries of, by whom determined..
220
how paid....
220
Order, copy of, to be lodged with
superintendent..
227
shall set forth, what, if person
found to be insane...
.228,
229
to set forth additional facts, when,
229
sending insane to asylum....
232
remanding insane to custody of
sheriff
233
Pay Patients, admitted, how....
223
terms of admission of.
223
form of request for admission of,
223, 224
certificate of insanity of.....
form of bond to be given before
admission..
224, 225
224
to order certain fees to be paid to
sheriff
patient not to be discharged with-
out consent of....
to discharge patients, 221, 222, 280,
Treasurer, to give bond.
221
221
221
221
to have custody of all moneys and
securities of asylum.... 220,
to make payments, how. 220,
may be prosecuted, when..... 220,
actions maintained in name of.....
to make reports to board...
amount of accounts to be paid to,
to recover certain penalties...231, 232
certain amounts to be paid to….....
Warrant, to be lodged with Superin-
tendent
to arrest insane person...
234
✔
234
231
220, 221
222
227
232
227
229, 230
to whom directed.
229, 230
to be provided with necessary rai-
ment.
.....
.225, 226
when, shall become county pa-
tients
to be returned to clerk......
to remove insane from asylum
Witness, to be subpoenaed..
229,
230
231
228
230
duty of, medical...
228, 229
when county patients become, 230,
costs and expenses paid by estate
281
ATTACHMENT.-CHAPTER 12... 236
of......
232
to
272
supplies for, how paid ...
233
ATTACHMENT IN CIRCUIT COURT. AR-
explanation of the term of.
235
TICLE 1.....
..236 to
261
Salaries, by whom determined, and
Abatement, plea in nature of, when
how paid...
220
filed.
251
Sheriff, duty of; penalty
231
proceedings upon
252
to pay out certain amounts....
232
may confine insane person in jail
found for plaintiff, suit to proceed,
for defendant, to be dismissed at
252
or poor-house……….
233
plaintiff's cost...
252
shall urnish supplies......
233
Accounts, attached, delivered to re-
to arrest insane person escaping
from asylum....
ceiver..
250
234
may be sued on by receiver
250
Superintendent, by whom appointed, 220
duties of, by whom prescribed... 220
may be removed from office.........
impression of official seal of, evi-
Administrator, not liable to garnish-
ment....
246,
247
220
to be made party, when.
252,
253
bond may be assigned to.
256
....
dence, when.....
221
Affidavit, petition and bond to be filed,
240
qualifications of.....
221
by whom made, and terms of……………..
240
shall take an oath.
221
duties of........
..221,
222
may receive and discharge pa-
tients
221, 222
insufficient, new may be filed......
or attachment dissolved……………….
to obtain attachment in aid..
that defendant has no personalty
254
254
242
certificate of, evidence....
.221, 222
to keep an official seal....
222
to make report to board.
222
filed, plaintiff may sue in circuit
court on demand less than fifty
dollars....
240
clothing furnished pay patients by
direction of
when sufficient.
239,
240
225,
226
warrant to be lodged with.
227
may be made to obtain publication
of notice.......
copy of order to be lodged with
227,
233
plea in abatement, verified by, 251,
claim to debt or property, verified
246
252
clothing furnished by order of…………
227
by....
260
INDEX.
1697
238,
239
239
may be sued out in aid of ordinary
process
242
may be dissolved.
254
not to be dismissed, when..
252
Attorney to be appointed, when, 252,
253
compensation of....
252,
253
powers of.....
253
tive notice, when
Avoidance of judgment on construc-
Bond, to be given by plaintiff..
260,
261
241
to be approved by clerk....
insufficient, new may be required,
failure to give, suit dismissed......
241
242
Attachment.
Answer, of garnishee to be on oath..
to be filed at term of filing inter-
rogatories.....
may be compelled by court….....
may be excepted to for insufficien-
cy.
PAGE. | Attachment.
258
Costs, of interpleader..
PAGE.
256
258
258
of order of publication.
on proceedings to avoid judgment,
Court, may prescribe rules for pro-
ceedings.
246
261
257
258
...
powers of.
255
if adjudged insufficient, may be
amended
Damages, how assessed in suit on
258
bond
242
....
may be denied, proceedings………………….
258
allowed, when and how much....
256
not excepted to or denied, taken to
be true..
259
...
disclosing certain facts, proceed-
ings
260
when disregarded.
to be on oath......
Attachment, may be sued out of cir-
cuit court, when and for what
causes..
may issue on a demand not due...
260
258
་
plaintiff liable for..
Debts, not due, may be attached..... 260
Default, judgment by, when entered
judgment by, against garnishee,
when..
against plaintiff, when......... 259,
Defence, no right of, impaired..
Defendant, may appear and plead...
if served or appear to action, pro-
ceedings.
....
upon death of, action not to abate,
when...
Delivery bond, when taken and how
returned..
proceedings upon…………..
Denial, of answer of garnishee, when
and how.
...
proceedings thereupon......... 258,
Disproof of judgment on construct-
Dissolution, of attachment, if affida-
253
252
250, 251
258
259, 260
250
250
....
252
247,
248
256
258
259
ive notice..
260,
261
242
who may sue on………...
242
by defendant or other person for
vit be insufficient, when.....
not to take place if sufficient aff-
davit filed.....
254
..
254
return of property..
...
247,
248
where defendant appears, pleads,
shall be returned with writ....
248
judgment may be rendered on,
and gives delivery bond..
where he appears, pleads, and gives
254
when and how...
256
officer failing to return sufficient,
bond for payment of debt......
Evidence of debt, attached, delivered
254
proceedings.
248
....
•
to b filed before attachment is-
sues...
241, 242
to receiver.
may be sued on by receiver....
Exception to answer of garnishee,
250
250
of garnishee for forthcoming of
when.
258
property
249
may
be sued on, and how.
249
Execution, on judgment by construct-
ive notice, when..
...
251
of receiver
249
may be sued on, how....
249
officer acting as receiver to give...
250
for forthcoming of property may
be assigned......
Claimants, of debts assigned or pro-
perty sold, may be made parties,
if appear, proceedings.
Compensation, to garnishee for an-
256
260
260
swering
259
of receiver..
250
of attorney
......
252,
253
of officer for keeping property....
Constables not liable to garnishment,
Controversies, powers of court in re-
257
246
lation to...
255
Costs of proceedings against gar-
nishee, how settled... 259, 260
against defendant on general judg-
not to issue against, till debt con-
to hold all property, when.... 250, 256
not to issue; when......
...
Executor, not liable to garnishment
to be made a party, when
bond may be assigned to.....
Form of writ of attachment.
Garnishee, how summoned, 244, 245,
who may be summoned as....
who not liable to be summoned, 246,
not liable to a judgment in money,
may give bond for delivery of pro-
perty...
253
247
247
247
ment...
250, 256,
257
against garnishees
256,
257
fessed becomes due..
260
...
246, 247
252, 253
256
243
246
246
1698
INDEX.
Attachment.
Garnishee, interrogatories may be
PAGE.
Attachment.
PACE.
filed against.
257,
258
judgment by default against
258
Judgment, not a bar, when……………….
rendere i for value of property.
for garnishee for certain expenses
255
256
how to be made final......
258
259,
260
answer of, excepted to, proceedings,
258
effect of, for claimant..
260
answer denied, proceedings.. 258,
259
Lien not destroyed, when
252
answer, when taken as true
259
Non-resident, property of, not ex-
costs of, how settled....
259,
260
empt..
244
judgment against, when
259
...
may discharge himself by surren-
Notice, to be published, when and
how
246
249
256,
257
debts not due may be attached in
his hands..
der of property..
compensation to, for answering... 259
execution against....
expenses of, how paid......
of motion for judgment on delivery
bond......
246
250
260
but execution not to issue until
they become due.....
judgment against, not to be ren-
dered until interpleader decided, 255
may pay the money or deliver pro-
perty.....
of petition to avoid judgment...... 261
to be given of application for new
bond..
242
260
of garnishment, how served on
corporation.......
246
249
may give bond for forthcoming of
property
249
....
of 'appointment of receiver..
effect of...…………..
to be given of motion for judgment,
to be given claimant of debt as-
signed or property sold..
250
250
256
260
may be compelled to answer.
julgment against, not to be ren-
dered till judgment against de-
fendant
258
...
Oath, of receiver..
249
...
answer of garnishee to be on…………….
Officer, failing to return delivery
258
258
•
bond, responsible..
248
judgment for, for certain expenses
(See, Sheriff.)
259, 260
Order, of publication, when made...
246
by an-wer, may introduce new par-
ties
how published.....
246
260
expense of, to be taxed as other
discharged, when
260
costs....
246
names of, to be returned by officer,
Garnishment, notice of, how served
248
of sale, when to be made...
248
on corporation.
246
how, on persons.
...
who not liable to....
+
214, 245
246, 247
effect of...…………….
Interpleader, by persons claiming
property attached. how tried.
costs in, how adjudged……..
Interrogatories, when filed
247
255
when....
...
256
of sale, delivered to clerk, when..
upon vendee or assignee to appear,
copy of, to be served or published,
copy of, delivered to officer..
upon garnishee to deliver property, 249
Parties, vendees or assignees, made,
Perishable Property may be sold....
249
260
260
249
260
248
.257,
258
Petition, to avoid judgment, how and
Judgment, general, when defendant
when filed.......
260,
261
served
250
notice of, to be given.....
261
by default, when entered. ....250,
251
proceedings under….....
261
effect of..
250
issues joined under, how tried.....
261
by default against garuishee.
258
Plaintiff, may make defence for de-
how made final
258
.....
fendant, when...
255,
256
against garnishee on trial..
259
shall answer set-off..
261
on auswer fil d.
259
:
on constructive notice, when and
...
...260,
261
261
239
242
when..
247
when.
...
250, 256
251
how disproved.
against plaintiff in default, when,
not to be rendered against garni-
shee till interpleader decided.... 255
not to be rendere till maturity of
demand.
where set off is pleaded.
garnishee not liable to, in money,
to bind all property of defendant,
by default not evidence, when………..
shall prove cause of action.
Plea, in nature of abatement, when,
to merits, may be filed....
Practice, rules of, to govern proceed-
issues between plaintiff and gar-
261
...
•
251
253
ings
257
nishee, how tried...
.258, 259
Property, may be attached.
244
how attached and seized
244, 245
bound by judgment.........
.250,
251
of part of several defendants at-
tached, proceedings
251
of one of several defendants seized,
cause not delayed.........
251
INDEX.
1699
Attachment.
PAGE.
Property, attached, may be retained,
when
...
247, 248
exempt from execution not to be
attached....
244
Attachment
Writs, how issued and returned......
how served
in aid of ordinary process, how ob-
tained.
PAGE.
244
244, 245
242
claimed by third person, right of,
how tried..
additional writs of attachment may
255
be granted........
243
compensation to officer for keep-
ing.
how entitled, and form of......
243
257
how served and returned....
243
exempt from attachment...
244
to be endorsed on copy of petition,
244
perishable, may be sold...
248
how sold, in case of death of de-
fendant...
253
court nor judge to order sale of,
when.....
253
several attachments on same, how
adjusted.....
ATTACHMENT IN JUSTICES' COURTS.
CHAPTER 12, ARTICLE 2, 262 to 272
Abatement, plea in nature of, may
be made by defendant..
proceedings thereupon....
267
267
255
Account to be filed with justice
264
Real Estate attached, how.
244
Affidavit, to be filed by plaintiff, form
Receiver, may be appointed..
249
of
263
shall take oath and give bond...
249
interplea to be verified by....
270
accounts and evidences of debt to
Answer of garnishee, to be filed………..
269
be delivered to....
250
may be denied…………..
269
•
shall collect same..
250
when taken to be true..
270
may maintain actions..
250
Assignee of delivery bond may sue
shall give notice of his appoint-
thereon
266
ment..
250
Attachment, to be sued out, when...
263
debtors shall account to
250
lies against personalty of defend-
shall report to court.......
250
ant..
.263,
265
hold property subject to order of
form of writ of.
.264,
265
court
250
how served and returned
265
compensation of..
250
where to be brought...
927
sheriff to be, till when..
250
may issue on demand not due......
263
Reply of garnishee to denial.
258
what laws govern, issued by a jus-
Return, of original writs, how made,
244
tice.
272
.....
of order of sale of perishable pro-
perty..
249
Rules may be prescribed by court...
257
Sale of perishable property, when...
248
proceeds of, how disposed of....
248
how conducted..
248
Schedule of property attached to be
returned
Avoidance of judgment ou construct-
ive notice..
Bond, to be filed by plaintiff..
form of, prescribed...
sufficiency of, penalty and security,
for delivery of property, when
taken and how returned..
271
263
264
264
266
248
Set-off may be pleaded...
242
sued on, may be withdrawn, when,
delivery, assigned to plaintiff,
272
Sheriff, duty of, in executing and re-
when..
266
turning writs.....
.244, 245
judgment rendered on...
266
to return schedule of property at-
tached....
248
to attach, what property.....
244
assignee may sue on...
plaintiff liable on, for damages....
Constable, duty of, in executing and
266
267
to return all bonds taken, and
returning writs....
265
names of garnishees...
248
failing to return sufficient bond,
not liable to garnishment.
246
responsible.....
.......266,
267
failing to return sufficient bond,
may serve writ, where.
265
proceedings
248
shall make return of order of sale, 249
to assign delivery bond, when…………….
required to file a sufficient bond
266
to be receiver, till when.
250
.266,
267
to give band as receiver...
250
to sell perishable property
267
244,
Summons in attachment, how served,
Tenants of property attached to be
notified.
Traverse of answer of garnishce..... 258
proceedings thereupon.........258, 259
Writs, of attachment, original........ 243
when separate, may be issued to
several counties.....
garnishee
•
on interpleader
plaintiff to pay, when.
244
to hold proceeds of sale, till when,
Costs, on issues between plaintiff and
267
245
269
271
271
Damages, judgment for...
2.6
Debts due defendant may be at-
244
tached.....
....265, 266
}
1700
INDEX.
Attachment.
PAGE.
Attachment.
PAGE.
Default, judgment by, on construct-
ive notice, when against defend-
ant
•
268
effect thereof.
268
against garnishee..
269
how made final.
269
Defendant, when summoned, pro-
ceedings...
...
267
not to be rendered against gar-
may plead in abatement, on oath..
Delivery Bond, when taken and how
267
returned.
266
against garnishee for value of pro-
may be assigned...
266
proceedings upon.
266
if over one hundred and fifty dol-
lars, where to be sued on.........
Denial of answer of garnishee may
be filed, proceedings thereupon, 269
Disproof of judgment on construct-
266
ive notice, when...
271
Issues to interplea, how tried......... 270
Judgment, on delivery bond, when
given.....
by default, on constructive notice,
when, effect of...
by default, against garnishee......
how made final.
nishee, till judgment against de-
fendant...
perty in his hands............269, 270
against garnishee for amount con-
fessed....
...
270
263
not to be rendered till maturity of
demand.
against defendant, may be general, 267
Motion, notice of, for judgment...... 266
requiring officer to file sufficient
266
....
268
269
269
270
Dissolution of attachment, how and
bond.......
266,
267
when, effect of...
268
when to be made.
267
Execution, on judgment on con-
attachments may be dissolved on..
268
structive notice..
268
Note may be withdrawn..
272
of affidavit..
.263, 264
Notice, of proceedings on delivery
of bond..
264
bond....
266
Form, of writ of attachment....264,
265
of publication, how put up
268
of affidavit……….
of bond........
of interrogatories
.263,
264
264
of petition to avoid judgment on
constructive notice.......
271
268
...
Garnishee, who may be, and how sum-
....
moned.
names of, to be returned by officer,
may retain property on giving
bond....
...265,
266
266
266
shall answer interrogatories, how
and when.....
to be given defendant, when and
how...
publication of, how proved..
Oath, plea in abatement to be under,
answer of garnishee to be under...
Order, of publication, when made
267, 268
...267,
268
268
267
267
269
failing to answer, judgment by de-
fault against.
of sale, when made, and how re-
turned
267
269
Payment to be endorsed on bond or
may be compelled to answer………………….
judgment against, not to be ren-
dered till judgment against de-
fendant...
•
judgment against, for value of pro-
perty in his hands.............269, 270
answer of, when taken to be true,
may be denied.
269
note
272
Perishable property, may be sold,
when..
267
270
proceeds of, how disposed of………………..
Petition, to avoid judgment on con-
structive notice.....
267
271
270
notice of, to plaintiff, and proceed-
269
ings
271
judgment against, for amount con-
fessed...
plaintiff to be required to prove
270
his demand...
271
may discharge himself by deliver-
failing to do so, effect of
271
ing property..
270
petitioner to be required to prove·
judgment against, not to be given
until interpleader is decided, 270,
set-off.
271
271
Plaintiff, to prove what facts...
267
Instrument to be filed, when.
264
Interplea to be filed, when.
270
may deny answer of garnishee....
Plea, in nature of plea in abatement,
269
Interpleader, by person claiming pro-
when..
267
perty attached, how made and
tried..
proceedings thereupon......
267
270
Property, may be attached...... 265, 266
costs of, how adjudged.....
271
how attached and seized..
265
Interrogatories, to be put to gar-
attached, may be retained.
266
nishee, form of......
268
when to be answered..
269
perishable, may be sold....
what not to be attached
267
272
• ...
...
Issues between plaintiff and gar-
nishee, how tried………..
269
judgment rendered for value of....
notice of sale, how given..........
266
267
INDEX.
1701
Attachment.
Receipt to be given garnishee, when,
Receiver, justice cannot appoint a…..
Return of attachment, how made....
Sale of perishable property, when...
proceeds of, how disposed of...
notice of, how given...
Schedule of property attached to be
returned....
270
272
PAGE. | Attorney-General, &c.
Attorney, certified copy of power of,
how far evidence..
(See, chapter Practice in Civil
Cases.)
265
267
267
267 ATTORNEY-GENERAL-CIRCUIT
AND COUNTY ATTORNEYS.
CHAPTER 13.
PAGE.
365
266
273 to 277
Statement of cause of action to be
Assistant circuit attorney, to be
filed
264
elected
274
Suit, by attachment, may be brought,
duties of certain officers..
274
for what causes...
263
how commissioned...
274
in what manner
263
vacancies, how filled...
274,
275
by assignee on bond, when and
interested, not to prosecute....
275
where.
266
where to reside.
276
....
how to proceed on dissolution of
attachment.........
subject to laws concerning circuit
268
attorneys
276
•
Summons in attachment, how served,
Transcript, to be certified to circuit
court, when......
265
to perform duties of circuit attor-
ney.
276
271
duties of...
276
•
upon being filed, attachment to is-
sue thence....
in such case not to issue unless affi-
davit and bond shall have been
filed before justice.....
271, 272
272
Writ of attachment, form of.... 264,
how issued and returned...... 265,
265
266
to attend examination of parties
Attorney-General, where to reside...
to aid circuit attorneys......
to give opinions without fee.. 273,
to be elected, when.
tenure of office
276,
277
273
273
274
273
273
to issue, when.......
263
vacancies, how filled..
274
may be served, where.
265
how commissioned..
275
how served......
265, 266
ATTACHMENT, to compel attorney to
answer charges......
against corporations, when... 377,
to compel refunding of costs, when
to enforce process of courts.. 538, 539
to compel guardians and curators
to conduct cases in Supreme Court,
duty of certain officers in relation
to......
276
275
279
Circuit attorney, elected.
274
378
duty of county clerk relating to..
274
duty of Secretary of State relat-
..
447, 448
ing to.
274
how commissioned..
275
where to reside...
275
to settle..
828
duties of...……………..
275
to compel return to writ of habeas
corpus.....
opinions to be given..
275
837. 838
may be indicted...
275
to bring up magistrates in cases
of habeas corpus..
interested, not to prosecute...
275
....838, 839
to compel obedience to discharge
under habeas corpus...
844
to compel obedience to citation con-
sick or absent, duty of court....... 275
substitute, powers and duties...... 276
failing to perform duty, penalty... 276
vacancies, how filled....
275
cerning public records........
1311
against witnesses.
1580
County attorney, appointed, how....
how commissioned..
277
277
may issue against guardian or cu-
rator, when..
828
may issue for rent...
1015
duties and compensation of....
Elections, under this act, how go-
verned.........
277
274
(See, chapters Administration; Jus-
tices' Courts; Practice in Cri-
minal Cases, and Practice in
Civil Cases.)
ATTORNEY-GENERAL, elected, tenure of
office.......
shall prosecute charges against
clerks of courts.....
proceedings by, in cases of escheat,
fees of.........
96, 273
338
718
420
757
to prosecute ferrymen.
...
784
to be ex officio inspector of peni-
365
tentiary...
...
1138
277
1092
1146
Attorney, appointed to act on behalf
of unknown owners of real es-
tate
not a competent witness, when.... 1578
power of, to be recorded……..….. 364, 365
revocation of, to be recorded..
county courts may appoint.......
may release mortgage....
to have convicts brought out to
testify..
1702
INDEX.
PAGE.
Attorneys at law.
Attorney-General, to exhibit inform-
ation in nature of quo warranto, 1308
salary of......………….
1395
PAGE.
AUCTIONEERS.-CHAPTER 15..280 to 285
no person to exercise trade of,
without license....
281
to prosecute contracts in reference
to school lands......
penalty for so doing....
281
1412
licenses in blank to be isssued.
281
to approve bond of Commissioner
of Seat of Government...
what licenses shall set forth.
281
342
to be delivered to collector....
281
to give counsel, and prosecute suits,
when required by Commissioner
of Seat of Government..... 342, 343
(See, chapter Treasury Depart-
ment.)
ATTORNEYS AT LAW.-CHAPTER
to be accounted for by collector...
to be granted by collector.
rate of charges to be paid for li-
281
282
....
cense...
282
14........
not to practice without license.....
license, by whom granted.......
applicant for license, to produce
testimonials of good moral cha-
.277 to 280
278
278
license-tax may be graduated, by
what county courts.
clerk's fee for licenses, how paid..
before license granted, bond to be
given
residence of six months required..
licensed, may sell and retail at
285
....
282
282
282
store
•
282,
283
racter...
278
to be examined
273
obtaining license, to take oath.....
certificate of oath to be endorsed
278
on license.....
278
duty upon sales at auction.....
duty same, where auctioneer or
owner is the purchaser.......
sale of part shall be sale of whole,
when....
283
283
283
roll of, to be kept by clerk......
278
practicing without license, &c.,
contempt of court...
278
may be removed or suspended, for
what
sales at auction, what, free of duty,
duties, to whom to be paid........
to render accounts, where and
when
283
284
284
278
charges to be exhibited, where....
279
day to be fixed for hearing of such
amount of duties to be paid to be
ascertained and certified by
clerk.........
284
charges...
279
copy to be served..
279
to be paid to collector within
twenty days..……………….
284
citation to issue, how served.......
279
failing to obey citation, may be at-
clerk to charge collector, and cer-
tify amount to Auditor......
284
tached
279
bond fulfilled, clerk to endorse cer-
having been convicted of indict-
tificate
284
....
able offence, record to be pro-
collectors to collect duties, and
duced
279
prosecute for fines and forfeit-
to be removed or suspended..
278
ures...
285
temporary suspension, when……….
279
clerk shall prosecute on bond of,
1
suspension may be discontinued...
279
when......
284
effect of record of conviction or
incapable of obtaining new license,
acquittal.
279
when
.284,
285
matter not indictable, when and
how tried......
Judgment in such case upon con-
viction.
Merchants, privileges of……..
284
..279,
280
280
effect of....
280
AUCTIONS, sale of lots at, by commis-
sioner of the county seat of jus-
tice.........
508
may except to decision of court,
when
280
(See, chapter Auctioneers.)
Auditor of Public Accounts, elected,
ATTORNEYS AT LAW, when liable for
term of office.......... .74, 96, 698
may be removed by impeachment
CostB
448
70,
71
....
may select books to exempt them
from execution......
not compellable to serve on grand
office, where kept.
96
738, 739
making false entries in books of...
duties concerning escheated es-
593
jury
Attorney, Letters of-(See, chap-
ters Conveyances; Letters of
Attorney.)
Attornment to stranger void, unless,
........910, 911
tates
720
copies of papers in office of, evi-
dence...
727
duties in relation to the proceeds of
the 500,000 acres of land grant-
&c
357, 1013
ed by Congress......
991
INDEX.
1703
Banking, Illegal — Currency.
PAGE. | Banking, Illegal — Currency.
Auditor of Public Accounts, amount
charged against collector for ped-
lers' licenses to be certified to..... 1128
to be ex officio inspector of the
penitentiary
duty in relation to revenue...1340,
1341, 1542, 1359
duties of, in relation to seminary
......
....
....
Bank Notes, less than five dollars,
not to be passed....
may be bought and sent out of this
State......
PAGE.
286
286
1138
suspended or non-specie paying,
not to be passed...
287
Bill or Note, unauthorized person
not to put in circulation as cur-
rency
286
penalty for...
286
1495
fund
general powers and duties of, 1539, 1541
to audit accounts of Secretary of
State......
•
1453
to audit accounts of librarian
1491, 1492
pro tem. appointment of, may be
made......
(See, chapters Elections; Revenue;
Treasury Department, and
Schools.)
1550
Audrain County, limits defined....... 456
Authentication of laws, where Go-
vernor does not approve or re-
turn
....
1021
of public acts, records, and judi-
cial proceedings......... 730, 731, 1603
(See, chapter Arbitrations
and References.)
Award
BAGGAGE, innkeepers not liable for
loss of, by fire ....
287
288
Broker, &c., not to pass or receive
notes less than five dollars....... 286
contracts made with, founded on
prohibited currency, void........
penalty on, for violating this act..
Circulating Medium, no person to
create, or put in circulation, bill
or note, as...
Charters forfeited by violation or
evasion of this act....
286
288
287
....
286
286
Contracts, founded on prohibited
currency, void......
Corporation, not to pass or receive
notes less than five dollars.......
may send same out of the State...
not to pass or receive notes of sus-
pended or non-specie paying
bank
287
contracts made with, on prohibited
858
currency, void..
287
Bail, excessive, not required......33,
accused admitted to, except...
84
not to exercise any banking privi-
84
...
leges
287
....
false personation of another in be-
coming
597
penalty on officer of, for violating
this act.....
...287, 288
in cases of habeas corpus..
843
charters forfeited by violating this
insane person not to be held to....
868
act
288
....
in prosecutions before J. P. for
breach of the peace...
978
after indictment, by whom taken.. 1179
may arrest his principal…………….
may surrender him, when, and to
1179
whom....
1179
courts not to enforce liabilities to
or against, in what cases..
not to keep a banking-house....
penalty for violating this act....
every day banking-house of, kept
open, a distinct offence......
Courts, not to enforce liability to or
against corporations, in certain
287
288
288
289
287
discharged from liability.....1179, 1180
(See, chapters Criminal Court of St.
Louis County; Justices' Courts,
and Practice in Criminal Cases.)
Bailee, embezzlement by..
Ballot, elections in St. Louis county
to be by........
BANKING, ILLEGAL-CURRENCY.
CHAPTER 16.................285 to
285 to 289
Agencies, of foreign banks pro-
hibited....
every day kept open, a distinct
offence
....
Agents of Foreign Banks, penalty
against.......
...
Banking Business, what constitutes,
corporation not to exercise.
Banking-house, not to be kept. .288,
every day kept open, a distinct
offence....
BB- VOL. II.
579, 580
700
cases..
Currency, creating or putting in cir-
culation bill or note as, in lieu
of money, prohibited; penalty
for so doing..
286
Foreign Banking Company, agent of,
not to keep banking house..288, 289
penalty on, for keeping banking-
house
289
288, 289
289
289
287
287
289
every day banking-house kept
open, a distinct offence......
bonds to, declared void.......
Forfeiture, for passing, vending or
receiving prohibited currency...
of charter declared, for violating
or evading this act.......
Money Broker or Exchange Dealer,
289
289
286
288
289
penalty on, for evading or vio-
lating this act...
288
1704
INDEX.
uniform laws......
24
Bank Note, using spurious, as false
token
582
counterfeiting
591
may be described in indictment as
money
1178
what proof shall sustain indict-
Billiard Tables.
Money Broker or Exchange Dealer,
notes to foreign banking com-
pany, void.......
Penalty, on officer or member of
corporation, for receiving pro-
hibited notes, &c....
on broker, &c., for violating this
act
PAGE. | Bills of Exchange. — Boatmen.
BILL OF ATTAINDER, not to be passed
by States....
PAGE.
25,
26
289
Bill of Rights....
82,
86
287, 288
Bills of Credit not to be issued by
the States.
Bills of Exception to be written out
and enrolled........
25,
26
537
288
289
(See, chapters Practice in Civil Cases;
Practice in Criminal Cases.)
288
CHAPTER
292 to
298
288
293
293
293
for violating eleventh section………….
Venue, change of, may be awarded...
Violations of this act may be plead-
ed in bar to suits brought by
corporations, &c.........
BANKRUPTCY, Congress may establish
18.........
....
BILLS OF EXCHANGE.
Acceptance, to be in writing.………..
on separate paper, when to bind
acceptor
unconditional promise of, good....
may be required to be written on
the bill; refusal, effect of... .... 293
Bills, payable in money of U. S.,
rates of exchange disregarded.. 295
payable in foreign currency, rate
of exchange to govern..
295
ment
1178
(See, chapter Practice in Criminal
payable at sight or on demand, to
be due, when.....
298
Cases.)
may be protested, when...
293,
298
Bank Stock, how levied on and sold
under execution......
falling due on a Sunday or holiday,
742
Baptism, register of, when evidence, 728
deemed due, when....
Damages, promisee may recover, for
298
Barn, burning of....
571
non-acceptance
293,
294
Barratry, punished..
608
for non-payment.......
293, 294
Barry County, limits defined.......
470
who shall recover..
.294,
295
Bastards, may inherit from mother,
661
when not recoverable.
295
legitimated by subsequent mar-
what in lieu of..........
295
riage of parents...
661
Bates County, limits defined
470
Battery-(See, title Assault and Bat-
tery.)
Bawdy-houses, keeping, &c
628
Beggar, children of, to be appren-
ticed
189
Benefit of Clergy abolished..
643
Benton County, limits defined....470,
471
Betting, on games...
627
Destruction of, or refusal to return,
bill, deemed an acceptance...... 293
Notes, for money, when negotiable
as inland bills of exchange...... 295
payable to order of maker or fic-
titious person, if negotiated, its
effects
falling due on Sunday or holiday,
deemed due, when.
Notice at common law.......
•
297
298
294
on elections......
630, 819
Bigamy, punishment of......
623
BILLIARD TABLES.-CHAPTER 17.
Notarial Protest, evidence of what...
Payees and Endorsees may sue mak-
ers and endorsers, when.....296, 297
Refusal, to write acceptance, dis-
298
290,
291
honor.....
293
may be licensed..
290
Clerk, to issue blank licenses..
290
to deliver them to collector.
290
291
290
291
to sell tables, when.....
.290, 291
to certify to Auditor the amount
charged to collector
Collectors to grant licenses.
to settle and account for moneys..
Fee of clerk to be paid by collector, 291
Lien on table for amount of license-
tax.....
.....290, 291
Penalty for keeping, without license, 291
for permitting minors to play...... 291
Tax on licenses, for State purposes, 290
for county, city or town purposes, 290
BOATMEN. CHAPTER 19...... 298 to 302
Action, against boatmen for neglect
or fault.....
300
boatmen may have, for wages, when, 300
Appeal allowed, when; its effect..... 301
not to affect promise to accept..... 293
BLIND-(See, chapter Asylum-Blind.)
Board of Curators—(See,
(See, chapter
State University.)
Board of Directors-(See, chapter
Agricultural Societies.)
Board of Trustees-(See, chapter
Towns.)
INDEX.
1705
Boats and Vessels.
Boatmen, contracts by, how per-
PAGE.
formed...
299
may be in writing.....
299
to be acknowledged.
299
....
...
Boats and Vessels.
Affidavit, complaint to be verified by,
to be filed with clerk, when... 305,
nature of, in suits before justices
of the peace.
PAGE.
305
306
311
original copy of, evidence.....
299
application for delivery of boat to
memorandum to be at foot of......
299
be by.....
314
violating engagement, warrant to
issue..
petition for partition to be verified
299
by.........
.317,
318
action against, for neglect or fault,
complaint by, against master,
when
•
300
so of the answer..
318
Answer may be filed by defendants..
318
300
may be discharged, when...... 299,
may have action for wages, when,
master or owner not to sell provi-
sions to.
300
Appeal, from judgment of justice...
allowed.
312
309
300
duty of court in case of.
310
300
Boat, who shall not bind, by giving
bonds or notes.
312
amount of recovery against, li-
mited, when....
301
when interested, captain or clerk
to have no lien on...
313
charge against, for spirituous li-
quors, limited.....
taking cord-wood without consent
300
contracts with, ante-dated, void...
301
proceedings by and against, regu-
lated....
301
Bond may be given. ......
when not to be sent on board..
contracts by, made out of this
State, when enforced........ 301,
299, 300
301
of owners, what damages to pay,
may institute suit, when.....
subject to certain liens…........ 303,
when sued, who may appear on
behalf of...……….
313
313
304
307
when discharged from lien.
307
302
Charge against boatmen for spirit-
uous liquors, limited......
Complaint, against boatmen, warrant
to issue..
300
299
...
to be heard in a summary manner
299,
300
by boatman against master, when,
where heard, and proceedings.....
boatman may be discharged on,
when..
300
300
may be run in a particular trade
without consent, &c.........
wrecked, master to save cargo..
if total loss, master to give in-
formation, to whom........
means to be used to save.........
master to continue in charge of...
certain contracts for saving, forbid,
what contracts for saving, allowed,
order for sale of.....
315
316
316
316
317
317
317
318
300
to be delivered to purchaser.....
Bond, given by captain, &c., effect
318
Contracts, by boatmen, how per-
of
307
formed
299
when given to sheriff, boat to be
may be in writing..
299
delivered.....
307,
308
to be acknowledged………….
299
to be filed, when........
..: 305,
306
original copy of, evidence..
299
how executed, its approval........
306
memorandum at foot of..
299
another, may be required..
306
with boatmen, ante-dated, void.... 301
by boatmen, made out of the State,
when enforced.……………………………………. 301,
Debts of boatmen, when recoverable,
Harboring or secreting boatmen,
may be sued on, by whom..
306
judgment rendered on, when...
310
302
owners may give, for safe return
301
of boat......
315
penalty.
....
300
clerk to judge of sufficiency of....
Captain, may store freight.....
315
316
Judgment may be rendered against
boatmen
299
to have compensation for dunnage,
Cargo, to be saved.....
316
316
Jury, when may be called..
301
...
Master or owner not to sell provisions
master to continue in charge of...
certain contracts for saving, for-
317
to boatmen ....
300
bid....
317
Proceedings, by and against boat-
men, regulated.
301
shall be summary......
301
jury may be called, when.…………..
301
what contracts for saving, allowed,
Claim, priority of, precedence of lien,
Compensation, owner to have, when,
captain to have.....
317
305
315
316
appeal allowed; its effect......
301
Spirituous liquors, charge against
boatmen for, limited......
300
BOATS AND VESSELS. CHAPTER
Complaint, what shall set forth.......
Continuance, may be granted; duty
of court in case of………...
when not to be granted to plaintiff,
Costs, by whom paid..
305
310
312
310
20………………..
302 to 318
to be paid by master, when….....
315
1706
INDEX.
Boats and Vessels.
PAGE.
Creditors, may plead, when.......
court shall fix time when demand
307
shall be exhibited.....
309
when demands of, exhibited, and
Boats and Vessels.
Master, &c., proceedings against,
when failing to deliver boat,
&c., when demanded....... 314,
to save and protect cargo.
315
PAGE.
316
....
proceedings thereon
309
claims of, to be classed..
309
to give information of sinking of
boat........
316
claims of, when rejected; distribu-
tion, how made...
310
to protect boat till, when...... 316,
prohibited from making certain
317
rights of, to be protected...
318
contracts..
317
Damages, assessed on bond, how.....
306
recovered for certain acts of mas-
may hire officers or crew at per
diem rate..
317
ter..
313
liability of...…………….
317
Delivery, what is, of freight.....
316
Master, Owners, Agent or Consignee,
Execution, how issued and returned,
311
liability of......
315
to issue against principal and se-
for wages due hands....
303
curity
310
....
•
Fees allowed officers...
312
liable for debts contracted, &c
for sums due for wharfage..
305
...
304
....
Freight, delivery of.....
316
for nonperformance or malper-
may be stored..
316
formance..
304
Joint-owners, may institute suit
may appear and plead.....
307
against boat, when..
314
may give bond before judgment...
307
to notify other owners
314
may give bond before sale......
309
majority of, may appoint and dis-
miss master..
liability of..
317
314
Notice, of sale, when to be given and
may determine in what trade boat
how...
308
shall be employed..........
315
to be given to creditors in certain
to give bond for return of boat....
to deliver statement of debts of
boat.....
315
cases..
309
of application for sale of boat for
318
partition.....
318
to be informed of sinking of boat,
316
of sale of boat for partition...
318
Judgment, what it shall specify.....
312
may be rendered against principal
and security, when..
310
of justice of the peace
311
may be enforced..
311
shall be against the boat...
311
transcript of, to be filed....... 311, 312
copy of, to be evidence....
312
315
307
318
311
boat to apply to...
manner..
for restoration of boat to claimants,
power to confess, to be in writing,
in partition......
311
Justice of the peace, jurisdiction of,
proceedings before, how conducted,
when a majority of the owners of
314, 315
may hear cause in a summary
to issue warrant for master of boat,
Lien, boat subject to, for certain
of application for new bond given,
of suit by joint-owners to be given,
Orders of court or judge enforced....
Owners-(See, Joint-owners.)
Partition, proceedings to obtain sale
of boat for.
order of sale of boat for.
Petition, for sale of boat for parti-
to be verified by affidavit.......
may be presented to what court or
judge..
Pleadings, time of, prescribed by
court.
Sale, of boat, discharges all liens...
when application to be made for...
bill of, to be executed by officer...
upon such, court to appoint time
for creditors to exhibit demands, 309
when justice shall not have power
to order.
order of, for partition.
315
315
debts and damages.
303, 304
discharged, when.
307
310,
311
when delivery of boat not a dis-
charge of....
318
307, 308
not invalidated by taking writing
in settlement of the debt......
316
effect of sale of boat...
309
order of, upon return of boat....
to be conducted, how........... 310,
of boat in partition, how con-
ducted....
310
311
318
plaintiff to lose, when....
311
date of, of judgment against boat,
on boat for damages and penalty..
boat to have, on freight....
not to continue after delivery..
Master, &c., when to deliver up boat,
312
313
Sheriff, shall apply for order of sale,
make return of his proceedings...
to execute to the purchaser, bill of
308
308
314
sale,
309
314
to sell boat for partition…………….
318
books and papers...
314
to pay certain costs, expenses and
debts...........
318
306
314
318
317, 318
318
...
tion.
...317,
318
317
317, 318
307
309
308
309
INDEX.
1707
Suit, may be instituted against boat
PAGE.
PAGE. | Bonds, Notes and Accounts.
Bond, of recorder.............…… ………………… 1313
or vessel...…………….
305
of register of lands.
1318
...
when to be commenced.....
313
taxable
1322, 1323
upon liens, except, &c, shall be
of assessors..
1328
commenced, when......
313
of collectors.
1339
....
when joint-owners may institute..
314
for purchase-money of school lands,
may be dismissed.
306
to be given......
1406
may be instituted in name of boat,
Wages, what shall be recovered......
Warrant, when to issue, and what it
314
of commissioner of seat of govern-
313
ment....
342
shall contain..
307
of Secretary of State.......... 1450, 1451
of sheriffs.
1465
how returnable.
307
...
issued by justice, how returnable,
312
of marshal of St. Louis county... 1467
held in trust for seminary fund,
how served and returned.....
312
how disposed of..
1496
to issue for arrest of master of
of county surveyor.....
1513
boat, when.....
315
of inspectors of tobacco......
876
Writ of restitution to issue............
315
of keeper of State tobacco ware-
house..
881
BOATS AND VESSELS, loading so as to
sink, or drown a person.
bursting boiler of, by negligence..
cutting adrift, sinking, &c.....583,
offences committed on, where in-
dictable.....
Bollinger County, limits defined......
Bond, of public administrator.....
of assignee for benefit of creditors,
by plaintiff in attachment.....241, 263
for delivery of property attached
of trustees of disincorporated
561
town..
1530
562
584
of Auditor and Treasurer of State, 1539
copies of what, evidence.......
applicant to execute, before license
729
1173
issues.
684, 1073
471
forfeited, proceedings
1075, 1076
176
copy of, evidence......
1076
204
to be given in attachment suit for
rent..
1015
Auditor or Treasurer failing to
249, 266
give, office vacated...
1539
of auctioneer....
282
to be given constable, when..
936
of clerks of courts..
J
336
to enure to benefit of assignee of
of constable
346
judgment..
908
of coroner.
367
given by administrators in St.
to counties, effect of......
502
....
a
of indemnification to sheriff for
Louis county, in what sum.......
trustees to give, unless..
1601
1555
sale of property under execu-
tion......
proceedings for rule to give.......
1555
743
interest on State, how paid......... 1488
for delivery, by defendant, of pro-
perty levied on under execution,
745
second, not to be taken.......
745
to be returned with execution, 744,
745,
746
proceedings on.
745
of ferrymen.
783
given for gaming consideration,
void......
819
assignment of, not to affect defence,
of guardians and curators.
819
825
....
for injunctions....
1249
belonging to State interest fund,
deposited, where ............1488, 1489
(See, chapters Administration; As-
signments-Voluntary; Asylum
Deaf and Dumb; Asylum-
State Lunatic; Attachment;
Bonds, Notes and Accounts;
Dower; Justices' Courts; Prac-
tice in Civil Cases; Revenue;
Schools; State Interest Fund,
and Trusts and Trustees.)
Bond, Bill or Note, assignment of,
of guardian of insane persons.....
made with intent to hinder, delay,
or defraud creditors, void......
of registers and receivers of land-
offices...
865
how proven..
731
802
(See, chapter Practice in Civil
Cases.)
........984, 985
of free negroes and mulattoes li-
censed...
1095
Assignable..
by person hiring free negro or
mulatto from sheriff..
BONDS, NOTES AND ACCOUNTS.
CHAPTER 21………..
Assignee, may sue in his own name
319 to
..320,
323
322
1099
320, 322
of notaries public…………..
1103
of guardian appointed in cases of
has no greater interest than as-
signor had.
322
partition.....
1119
may maintain action against as-
of Public Printer....
1303
signor, when.……….
323
1708
INDEX.
Bridges.
PAGE.
Bridges.
PAGE.
Assignment, nature of defence, not
changed by.....
322
Assignor, after assignment, not to
Commissioner, may be required to
make an estimate of cost..
to report the same..
325
325
release...
322
shall advertise time and place of
Notes signed by the party, shall im-
port a consideration....
letting bridge....
325
319
Set-off or discount to be allowed,
322
shall let, by public outcry, to low-
est bidder...
325
325
326
....
295
327
327
BONDS AND NOTES, when regarded as
inland bills of exchange.....
payees and endorsees may sue
makers and endorsers, when, 296, 297
payable to order of maker, or fic-
titious person; if negotiated by
maker, its effects..
297
to counties, or for their use, &c.,
how far valid and effectual.
suits on, how commenced and pro-
secuted...
502
....
502
Book of Judgments to be kept by
clerk of Land Court...
1594
Books, Contracts, &c., of Insolvents,
to be delivered to sheriff..
872
Books, &c., may be purchased for
convicts...
1143
not taxable.....
1324
(See, chapters Agricultural Socie-
ties; Practice in Civil Cases, and
Revenue.)
Books and Papers, of deceased, em-
bezzled, how recovered.....
of officers resigning, dying, or re-
moved from office, delivery of,
how compelled………………
....
130
1310, 1311
(See, chapter Practice in Civil
Cases.)
Boone County, limits defined.
Boundaries, of State established..50,
457
51
of the several counties.......454 to 498
establishing, decayed or perished
...
1151 to 1154
1057 to 1059
Brands.
(See, chapter Marks and Brands.)
altering, grand larceny.........577, 578
Breach of the Peace. (See, chapter
Justices' Courts-Breaches of
the Peace.)
Brewery, burning of……………..
taxable..
Bribery, person convicted of, may be
excluded from office and suf-
frage........
to take bond from undertaker..
to employ undertakers, when.
not to be undertaker, nor security
for.
compensation of......
may take necessary rock and tim-
ber from adjoining lands......... 327
absent, or failing to act, county
court to appoint....
Compensation, of commissioner......
for rock and timber, for building or
repairing road………….
Costs, to be certified to road overseer,
of repairs, if exceeding fifty dol-
lars, not to be done by road dis-
trict...
estimate of, made by commissioner,
....
326
327
327
325
324
325
325
324
under direction of court, when..
to be certified to road overseer,
when
County Court, to determine what
bridges shall be built..........
may order bridge built by county
to be attached to a road district, 324
to determine in what manner, and
of what materials, a bridge shall
be built.....
324, 325
shall require commissioner to make
an estimate of the cost of build-
ing bridge...
proceedings of, when half the ex-
penses is paid by individuals
D
325
325, 326
shall make appropriation to repair,
when.....
·
may allow compensation for rock
and timber, when.......
Damages, assessed by a jury, when
326
if commissioner fail, to appoint
another
326
327
....
may appoint viewers to assess da-
571, 572
mages
327
....
1323
...
to order a jury, when.
327
327,
328
......67,
68
to procure election or appointment
to office, punishment of......
(See, chapter Crimes and Punish-
ments.)
612
paid out of county treasury...327, 328
Expense, of building bridge, out of
what fund paid..
325
of bridge over streams dividing
counties, how paid.........
326
Letting Bridge, to be advertised......
to be by public outcry.
Moiety, of expense raised by indivi-
dual subscription, proceedings
.325, 326
326
of bridge over streams dividing
counties, proceedings.....
325
325
....
BRIDGES.-CHAPTER 22.........324 to
Bridge, when to be built by county..
Commissioner, to be appointed..324,
to take an oath..
328
324
325
325
to do nothing towards building,
till appropriation is made.....
325
INDEX.
1709
Brokers, &c.—Burial-grounds.
Overseer, when cost of bridge shall
be certified to......
Repairs, when court shall make ap-
propriation for....
when bridge requires, proceedings,
if not made by undertaker, other
persons may be employed......
costs of, in such case, how col-
lected.
PAGE.
Census.
325
326
326
327
327
notice of, to be given to under-
takers....
326
Viewers may be appointed to assess
damages, when....
327
Water-course, dividing counties,
bridge over, how built...
326
BRIDGE, burning of, punishment for……..
Bringing, property stolen in other
States, into this State......... 637,
counterfeit money into this State..
slave into this State, who is enti-
tled to freedom...
572
638
592
1098
free negro or mulatto into this
State
1098
BROKERS AND EXCHANGE DEAL-
ERS. CHAPTER 23
328 to
330
....
Brokers, defined........
328
not to do business, without license,
to make statement, on oath, of
328
BURNING, punishment of......570, 571,
PAGE.
584, 585, 597
1564
471
.....
Bushel, standard defined.
Butler county, limits defined.
Buying, or receiving stolen property,
forged instrument of writing...
and selling offices, &c...
By-laws, corporation may make,369,
how proved......
580
593
613
370
728
of towns, how to be made.....1525, 1526
(See, chapters Agricultural So-
cieties, and Asylum-State Lu-
natic.)
Caldwell County, limits defined……………….
Callaway County, limits defined...
Camden County, limits defined, 471,
Camp Meeting, erecting booth, &c.,
for sale of liquors, within one
mile of......
Canals (See, chapter Road and Ca-
Candidates for admission into Uni-
nal Fund.)
versity
....
Candle-factory a nuisance, when………..
Canoc, cutting adrift, &c.........584,
Cape Girardeau County, limits de-
fined...
458
458
472
630
...1504, 1505
633
585
472, 473
70
84
Capital Crimes, slaves convicted of,
to be punished as white persons,
prosecutions for, to be by indict-
..32, 83,
ment..
Captain (See, chapter Boats and
amount of business, &c., before
getting license…………….
328
making a false statement deemed
Vessels.)
a violation of law..
330
Clerk, to issue blank licenses.......
330
Carcass, putting, in well, &c. ....
Carding-machine, burning of...
632
571
to deliver them to collector, and
charge him therewith..
330
Collector, how to account..
330
Cargoes, burning, to defraud insurer,
(See, chapters Boats and Vessels, and
Crimes and Punishments.)
572
License, tax to be paid on, before de-
livered...
329
rates of tax on....
329
580
458
form of.....
330
who exempt from taking out.
329
330
Penalty for violating this act....
BROTHEL, keeping, or letting house for, 628
Brothers and Sisters, rule of descents
to.......
..........659, 660
marriages between, incestuous and
void
others upon.........
for county purposes, how erected
Burglary, definition and punishment
1061
Buchanan County, limits defined.....
Buildings, lien of mechanics and
457
.1064 to 1072
..504 to
..570,
507
571
of
....572, 573
BURIAL-GROUNDS. - CHAPTER 24...
331
331
burning of.
private, not subject to levy, taxa-
tion, dower or partition......
value and area of.......
Carriages, pleasure, taxed......1322, 1323
Carriers, embezzlement by.......579,
Carroll County, limits defined....
Cars (See, chapters Corporations
Railroad; and Crimes and Pun-
ishments.)
Cass County, limits defined.....
Castration, of negro, for rape....
of seed horse, &c., running at large,
Cattle, poisoning, maiming..
altering marks and brands of, 577,
cruelty to......
473
565
850
584
578
633, 634
854, 855
trespassing, owner liable for da-
mages.....
for third offence, may be killed, 854, 855
made taxable
..1322, 1323
(See, chapters Marks and Brands,
and Noxious Animals.)
Causeways (See, chapter Roads
and Highways.)
Cedar County, limits defined.....473, 474
Cemetery (See, chapter Crimes
and Punishments.)
331 CENSUS. —CHAPTER 25..........331 to 333
1710
INDEX.
PAGE.
Census, when taken.
Abstract, to be made out by sheriff...
to be laid before General Assembly,
Blank Forms, to be prepared..
332
332
332
332
what they shall show..
332
to be forwarded to sheriffs.
332
Compensation of sheriffs, for taking
census
333
....
when audited and allowed..
333
Inhabitants, in certain localities, to
be designated, how...
333
Original Books, where deposited.....
333
Penalty on sheriff, for failing to per-
form duty...
333
for listing non-residents.
333
Persons, insane, deaf and dumb and
blind, to be designated, how………..
332
332
Secretary of State, his duties..
Sheriff, shall take the census of his
county, how and when.......332, 333
shall make return, when and how
-
332, 333
CENSUS, of United States, when taken,
of State, when taken, 65, 66, 91, 92,
of children to be taken. 1431, 1437
Certificate, forgery of...... .588, 589,
......
Certiorari, costs of, in superior court
....
in cases of forcible entry and de-
tainer.
Challenge, to fight a duel...
of jurors, regulated………..
PAGE.
....
443, 444
795
617
912
(See, chapter Practice in Criminal
Cases.
Change of Venue, in civil cases-(See,
chapter Venue.)
in criminal cases (See, chapter
Practice in Criminal Cases.)
Chaplain (See, chapter Peniten-
tiary.)
Character, moral, may be given in
...
evidence, when.
Chariton County, limits defined, 458,
Charges, against attorney at law, to
be exhibited..
against clerks, to be exhibited, 338,
Chattels (See, chapters Adminis-
tration; Crimes and Punish-
ments, and Revenue; and title
Goods and Chattels.)
1577
459
279
339
20
93
Cheating, by false pretences.
582
....
by false personation..
583
593
Check, forgery of.
591
falsely making.
in cases of taking depositions, 656,
granted by recorder of land titles,
...
588, 589,
593
657
copy of, when evidence......724,
of French and Spanish surveys,
evidence.
725
sault, &c., on mother..
724,
725
New Madrid, evidence
724
...
of election of a J. P. to be de-
livered…......
921
of preemption of State lands to
be given...
988, 989
of consent of parent or guardian
to marriage.
(See, chapter Corporations-Rail-
road.)
Child, unborn, quick, killing by as-
under twelve years of age, rape
....
upon
abortion of, procuring..........567, 568
under twelve years of age, kid-
napping or enticing away........
under six years of age, abandoning,
endeavoring to conceal birth of, by
drowning, &c......
560
564
....
568
568
564
1062
(See, chapter Witnesses.)
of marriage to be recorded.
1062
Children, posthumous, to inherit as
of redemption of mortgaged pro-
perty, effect of....
others
660
1092
of registry of license of free ne-
advancement to, to be brought into
hotchpot
661
groes and mulattoes.......
1097
bastard, to inherit from mother...
661
of survey for reëstablishment of
decayed corners of land.
legitimated by intermarriage of
1153
parents.,
661
of election of Public Printer.
1303
of election of assessor....... .1327, 1328
of purchase of land at tax sale.... 1355
of purchase of saline lands....... 1397
of purchase of school lands........ 1406
(See, chapters Administration;
Corporations-Benevolent Asso-
ciations; Corporations - Fund
Associations; Corporations
Mining, Mechanical; Corpora-
tions Railroad; Crimes and
Punishments; Evidence; Ha-
beas Corpus; Lands, State
Sale, Distribution; Letters of
Attorney; Practice in Civil Ca-
ses; Schools, and Wolves.)
legitimacy of, not affected by nul-
lity of marriage or by divorce...
education of, provided for.
of poor persons, drunkards, &c.,
to be apprenticed.......
vagrants, to be bound out.
(See, chapters Administration;
Damages, and Guardians and
Curators.)
•
Circuit Attorney, shall be elected.... 274
when election shall be held, and
how
274
abstract of votes, to whom re-
turned......
174
274
275
votes to be certified to Governor...
commission and term of office......
661
826
188, 189
1557
INDEX.
1711
Circuits, judicial, established.
Citation, to next of kin to administer,
to executor or administrator to
make settlement..
to assignee for benefit of creditors,
in cases of persons aggrieved by
warrant to recover public re-
cords......
PAGE.
Clerks.
Circuit Attorney, residence and du-
ties...
275
may be indicted, for what...
275
substitute appointed, when..
powers and compensation of sub-
stitute....
275
276
penalty against, for failure to at-
tend court.
276
....
to examine fee-bills in criminal
cases...
453
to prosecute actions for counties...
to examine deeds to counties.......
proceedings by, in cases of es-
cheat......
508
517
718
fees of.......
to prosecute ferrymen.....
757
784
duties in relation to dram-shops... 686
to exhibit information in nature of
quo warranto....
1308
salary of.........
1395
to prosecute suits in reference to
school lands..
1412
(See, chapters Crimes and Pun-
ishments; Escheats; Habeas
Corpus, and Practice in Crimi-
nal Cases.)
Circuit Courts, established.………….
....
(See, chapters Administration; As-
signments Voluntary; Guar
dians and Curators, and Jus-
tices' Courts.)
Cities (See, chapter Schools.)
Citizens of the several States, privi-
lege in each..
City and Town Authorities-(See,
chapter Telegraph Companies.)
Civil Actions, right of, not merged in
felony
limitation of…….
PAGE.
77
114
160
205
1311
30
643
........1045 to 1053
(See, chapters Actions; Costs;
Justices' Courts, and Practice in
Civil Cases.)
Civiliter Mortuus, when person is.... 642
Civil or Military Officers, compensa-
tion for services performed un-
der illegal orders of, how re-
covered..
76
their general jurisdiction........77,
chancery jurisdiction vested in, 77,
powers and duties, in cases of as-
signments for benefit of credit-
533
1108
78
dying, resigning or removed, pro-
ceedings to recover records, &c.,
from.
•
.1310, 1311
207
238
938
279
ors.
.204,
jurisdiction, in attachment suits..
to try charges against attorneys...
jurisdiction of suits against boats
and vessels..
305 to 308
to approve title of land for county
jurisdiction, in criminal cases......
terms of, when and where to be
seats
......
505, 506, 515
in new counties, to appoint clerks,
.........512,
513
533
held....
544 to
552
to call over execution docket, 537,
special terms of, when......
538
540
costs in, regulated............ 439 to
jurisdiction of, in cases of divorce,
of dower....
454
663
674
of partition..
1110
of quo warranto..
1308
of salvage.
1402
clerks of (See, Constitution of
Missouri; chapters Clerks; Cor-
porations - Fund Associations;
Corporations - Railroad; Court
Common Pleas; Court-Cri-
minal; Court-Land; Elections;
Practice in Civil Cases; Prac-
tice in Criminal Cases, and
Trusts and Trustees.)
Circuit Judges, to be appointed.………….
qualifications of…........
salary of
78
78
1395
Claim and Delivery of personal pro-
perty, proceedings.. 934 to
(See, chapter Practice in Civil
Cases.)
....
Clark County, limits defined.
Clay County, limits defined...
Clergy, benefit of, abolished.
Clergymen, ineligible to the Legisla-
ture or to offices of profit......
not compelled to serve on a jury,
....
459
459
643
67
910, 911
not to disclose confessions...1577, 1578
(See, chapter Marriages.)
.334 to 339
CLERKS. — CHAPTER 26..........334 to
Attorney-General, notice of misde-
meanor of clerk, to be given to, 338
to prosecute charges against clerk
shall file charges, and cause wit-
nèsses to be summoned...
Bond, to be given by clerk..
...
338, 339
339
336
337
729
337
337
336
336, 337
to be deposited with Secretary of
State, and recorded by him......
certified copy of, evidence......
new, required to be given, when...
clerk failing to give, office vacated,
Certificate of Election, and bond of
clerk, to be filed with Secretary
of State....
and oath of office to be recorded
BB 2 VOL. II.
1712
INDEX.
Clerks.
PAGE.
Clerks.
PAGE.
Charges, to be prosecuted against
clerk
338
to be notified of.........
clerk to appear and plead to, when,
....338,
339
339
Court, when clerk has been guilty of
may be tried by jury
339
....
Clerks of Circuit and County Courts,
to be elected, when..
335
Costs of proceedings against clerk of
Supreme Court to be paid by
the State.......
a misdemeanor, to notify, whom, 338
may appoint a temporary clerk; his
powers and duties....
339
338
to be elected every six years from
the time he was first elected.....
Deputies, clerk may appoint...
338
335
qualifications of......
338
vacancies, how filled.......
335
shall take oath……..
338
special election for, when ordered
powers and duties of......
338
335,
336
election of, how conducted...
336
liability of clerks, &c., for......
Executors and Administrators to de-
338
tie, or contested election, how de-
termined.....
336
liver over books, papers, &c., to
clerk's successor, when....
339
qualifications of......
336
Indictment, clerk may be prosecuted
tenure of office....
334
by......
339
to give bond.....
336
powers and duties of..
337
Misdemeanor in office, clerk guilty
of, when....
338
shall keep his office, where....
337
may appoint deputies.....
338
may be suspended.....
338
proceedings against clerk for, 338,
Records, removed by clerk, when.....
clerk to keep....
339
337
338
...
may be prosecuted on charges, 338,
may be removed from office, and
fined, not over $1,000.......
if acquitted, may be reinstated...
shall furnish books, stationery and
furniture for his office........
his accounts shall be allowed, and
paid by county
shall reside in the county of which
he is clerk.…………..
339
339
Securities, of clerks of circuit and
county courts, to be residents of
county
336
339
337
337
....
336
339
337
339
may be removed for misdemeanor,
or punished by indictment......
may remove records, &c., when...
to have notice of charges......338,
how proceeded against for misde-
meanor in office...............338, 339
Clerk of Court of Common Pleas to
be elected, when........
Clerk of Criminal Court to be elect-
ed, when.......
of clerk of Supreme Court, need
not be residents of the county..
if non-resident, or insolvent, new
bond and security required...... 337
Trial may be by court or jury........ 339
CLERKS-(See, chapters Administra-
tion; Asylum-State Lunatic;
Brokers and Exchange Dealers;
Court-Common Pleas; Court—
Law Commissioner's; Court
Probate; Court Supreme;
—
Crimes and Punishments; Dram-
shops; Elections; Fees; Prac-
tice in Civil Cases; Practice in
Criminal Cases; Secretary of
State; Sheriff and Marshal, and
Treasury Department.)
Clerks of Courts, to be elected by the
people....
336
335
335
Clerk of Land Court to be elected,
when.....
335
Clerk of Supreme Court, by whom
91
appointed...
334
tenure of office.
91
tenure of office...
334
to keep accounts of fines, penal-
vacancy, how filled.
.334,
335
shall keep his office at the City of
ties, forfeitures and judgments,
in favor of a county...
529
Jefferson..
334,
335
shall give bond..
336
securities not required to be resi-
dents of the county....
336
to preserve seal and property of
to certify amount of fines and for-
feitures, to county court.....
penalty for failing to do so....
may be proceeded against for mis-
demeanor
......338,
529
529
339
his office...
337
not to practice law in their own
shall furnish books, stationery, &c.
accounts of, to be allowed and paid
by the State...
337
....
337
court
to keep fee-books, and issue fee-
bills
541
778, 779
339
....
Costs, to be paid by clerk, if found
guilty.
of proceedings against circuit or
county clerk, to be paid by the
county, in case of acquittal..... 339
to leave margin on record-book...
to enter on margin disposition of
judgment.......
fees in cases of naturalization,
........777,
778
906.
906
INDEX.
1713
Clerks.
Clerks of Courts, to keep docket of
judgments and decrees..
PAGE.
906
to enter judgments in, when..906, 907
what docket shall contain……..
907
penalty against, for failing to keep
docket, and make entries..
Clerk of County Court, to transmit
to Legislature election returns..
to make and deliver poll-books, to
whom
PAGE.
701
699,
700
907
fees of......
...764 to 766
to examine and cast up votes......
penalty against, for failure to
transmit returns of elections....
700
701
to keep grand jury-book....
911
fees of.........
.......758 to
763
not to be justice of the peace….....
deputy not to be justice of the
920
peace
920
...
(See, chapters Clerks;
Fees;
Practice in Civil Cases, and
peace
Revenue.)
Clerk of County Court, not to be ex-
ecutor or administrator
113
nor security in administration bond,
to grant letters testamentary, when,
to present same to court
to issue citation to persons entitled
to administer..
...
....
116
113
113
114
to take bond of administrator in
vacation.
.115, 116
to see that securities therein are
solvent......
116
to record bonds given by executors
or administrators.....
to appoint assessor, when......
to deliver to assessor abstract of
conveyances
1335, 1336
to make copy of tax-book for use
of collector....
not to be guardian or curator, nor
security for......
not to be justice of the peace..
deputy not to be justice of the
1094
to certify to Governor acceptance
of office by a justice of the peace,
to keep register of negroes and
mulattoes apprenticed………….
to receive and keep free papers of
negroes and mulattoes.....1096, 1097
to certify election of assessor's
1327, 1328
1328
825
920
...
920
921
....
....
1336
116
and letters testamentary and of
administration.......
to make out and certify abstract
of tax-book…....
1336
117
to receipt to collector for county
taxes
....
1350
117
to certify receipt of succeeding, to
preceding collector...
1363
penalty against, for delivering let-
ters not recorded.....
may take separate bond when two
or more executors……………. ....114, 115
to make deed to administrator,
who purchases land at sale of
estate...
to keep abstract of judgments filed,
to keep abstract of demands esta-
blished against estates......
to provide books, and record set-
tlements of executors and admi-
nistrators therein......
147
156
156
.... 159
to keep docket of executors and
administrators, and the terms
when they settle......
...
penalty against, for failure to per-
form duties in relation to county
roads
to lay before grand jury schedule
of road overseers....
(See, chapters Administration;
Clerks; Corporations -Benevo-
lent Associations; Court-Cri-
minal; Elections; Insolvents;
Jurors; Revenue, and Schools.)
Clerk of Supreme Court, how ap-
1383
1383
160
pointed, and term of office.......
where to keep his office
334
334,
335
to put up list in his office
160
to issue execution against executor
or administrator......
.161, 162
his court...
to send transcripts to circuit court
on appeal.........
175
to issue license to insurance agents
885,
886
to issue auction licenses..
281
to endorse fulfillment of condition
of auctioneer's bond....
lers.)
282
to issue licenses for billiard tables, 290
to keep accounts of county....523,
vacancy in office, how filled...334,
duty in relation to the decisions of
to be ex officio state librarian
(See, chapter State Library.)
Clinton County, limits defined...459, 460
Clipping Coin, forgery....
Clock Pedler-(See, chapter Ped-
Clothing, exempt from execution.... 738
(See, chapter Asylum-State
Lunatic.)
335
650
1490
....
596
....
.524, 525
Cock Fighting, on Sunday.
631
....
to file and preserve vouchers, &c.,
to issue warrants on treasury
compensation of.......
ineligible to office of county trea-
525
Coin, counterfeiting……..
590, 591
525
528
surer
.....529, 530
counterfeit, bringing into this State,
clipping, scaling..
may be taken on execution.….……………………
Coin money, States not to....
592
596
740
.25,
26
1714
INDEX.
Commissioner, &c.
Cole County, limits defined…………..
Collectors, to settle with county court
at each term..
PAGE.
474
.523, 524
to receive county warrants in pay-
ment of fines, &c., to counties, 530
not to hold office of county trea-
529
surer
•
unlawfully exacting taxes..
copy of bond of, evidence..
Commissioners, &c.
PAG
Judge, &c., shall give this act in
charge to the grand jury......... 34
Public Property, penalty for tres-
passing upon..
....
34
duty of officers of Cole county,
when trespass upon, has been
committed.....
342, 34
Vacancy, the Governor shall fill...... 34
....
VERNMENT, salary of............... 139
614
729
....
not to be summoned as garnishee,
duty of, in relation to merchants'
licenses
.....1076, 1077
duty in relation to pedler's li-
737
COMMISSIONER OF THE SEAT OF Go-
COMMISSIONERS TO TAKE AC-
censes
1128
340, 34
Commissioners may be appointed
571
72
tenure of office of......
KNOWLEDGMENT OF DEEDS.
CHAPTER 27.
and commissioned, by whom and
where.......
co co
(See, chapters County Treasur-
ies; Crimes and Punishments;
Fees; Revenue, and Wolves.)
College, burning of..
Commander-in-Chief, Governor to be,
Commission to take depositions; how,
when and to whom issued...653, 654
(See, chapters Practice in Cri-
minal Cases, and Practice in
Civil Cases.)
Commissioner, Law (See, Court—
Law Commissioner's.)
Commissioner of Common Schools
(See, chapter Schools.)
COMMISSIONER OF THE PERMA-
NENT SEAT OF GOVERN-
MENT. CHAPTER 28....341 to 345
Capitol, penalty for writing on walls
of....
Commissioner, shall be elected, when
and by whom......
344
342
shall give bond, and take oath.....
shall preserve from waste, public
342
property
342
shall preserve perishable property
in place of safety
342
shall have charge aud control of
Capitol....
342
shall prosecute for trespass and
injuries..
342, 343
for Legislature.
343
shall provide fuel, candles, &c.,
shall contract for, and superintend,
construction and repairs, when, 343
shall keep accounts between him-
self and State.........
343
shall deliver to successor, property
and papers
343
may proceed against constables or
sheriff, in certain cases....
344
to pay certain costs, when……….
344
shall make report to General As-
sembly, when…........
344, 345
345
344
344
Auditor shall allow to, certain
moneys..
Fines, &c., shall be applied, how.....
Guardians, &c., when liable for acts
of ward or child.........
powers and duties of......
to take oath ...
effect of official acts of.
Fees of commissioners....
3
340, 3
3
•
340, 3
3
Oath, description of seal and signa-
ture to be filed, where and
when.
COMMISSIONERS, to audit and settle de-
mands against estates.
of bridges..
to select seat of justice in new
county....
of county seat.
со
3
1
324,
3
5
5
5
6
6
for removal of seat of justice......
to take depositions in other States, 3
to make partition and assignment
of dower in slaves............672,
to assign dower in real estate….....
copy of bond of, evidence......
to select five hundred thousand
acres of land, granted by Con-
gress to the State.
9
in partition, to be appointed..1113, 11
of county roads, powers and duties, 13
of State roads, powers and duties, 13
to view and mark out private way, 13
...
(See, chapters Administration;
Asylum Deaf and Dumb;
Boats and Vessels; Corporations
-Railroad; Court- Criminal;
Elections; Lands-Swamp and
Overflowed; Practice in Civil
Cases; Roads and Highways;
Schools; State Interest Fund,
and Witnesses.)
Commitment-(See, chapters Ha-
beas Corpus, and Practice in
Criminal Cases.)
Committee(See, chapters Dower;
and Legislature Compensa-
tion.)
Common Law, declared in force...... 10
limitation as to crimes............... 10
INDEX.
1715
Common School Fund-(See, chap-
ters School Lands; Schools, and
Seminary Funds.)
Companies-(See, chapters Corpo-
rations Railroad; Corpora-
tions-Road Associations, and
Telegraph Companies.)
Compensation, of witnesses aiding
executor or administrator in
making inventory.
of appraisers of estates...
PAGE.
PAGE.
Compensation, of members and offi-
cers of the Legislature......1039, 1040
of millers.
1079
of sheriff, in partition cases.. 1117
of commissioners, in partition..... 1121
of patrols.....
1127
of Public Printer......1305, 1306, 1307
of assessors..
1336
of collectors.
1347
131
of officers receiving and paying
131
over revenue....
1347
159
of printer, for printing advertise-
ments of lands.
....
1361
160
177
201
not allowed to county treasurer for
services in relation to road and
canal fund.………….
1366
201
of commissioners and others, for
marking State road...
1391
of commissioner to audit and al-
low demands against estates...
of executors and administrators...
of public administrators.......176,
of arbitrators and referees…………..
of appraisers of assigned effects,
of officers for taking and keeping
property under attachment...... 257
of officers in suits against boats
and vessels........
of Governor, judges, Secretary of
State and State Treasurer………..... 1395
of Auditor, Attorney-General and
circuit attorneys...
1395
of sheriff, in cases of salvage...... 1403
of salvor of lost or wrecked pro-
perty
.1402, 1404
of sheriff, county clerk and county
312
...
of commissioner of bridges.........
of sheriff, for taking census..
of surveyors for running county
lines.....
327
333
498
of commissioners, for selecting
county seat...
510
of commissioner of seat of justice
treasurer, for services in refer-
ence to school lands.....
1407
of a county.…………..
516
of superintendent of county build-
of commissioner of Seat of Go-
vernment....
1395
ings
501
of commissioners for removal of
of taker-up of runaway slave…..... 1483
of librarian of State library..
1493
seat of justice..
516
of county court clerk and county
treasurer, for services under
county treasury act.
of professors and tutors of Uni-
versity...
.1502, 1503
of printer, for advertisement of
523
strays
1509
757
of taker-up of strays.
1511
of chainmen and markers..
1515
882
1531
....
of justices of county court.....
of judge of St. Louis Court of
Common Pleas.......1395, 1396, 1588
of judge of St. Louis Criminal
Court
•
1395, 1396
of judge of St. Louis Land Court,
1395, 1396
of commissioners in case of dower, 678
to occupying claimant, for improve-
694
ments.
of clerks for sending, and messen-
ger for carrying, election returns, 703
of persons notifying presidential
electors, and carrying election
returns..
715
of keeper of State Tobacco Ware-
house.
of the trustee of a dissolved corpo-
ration.
of officer, collecting money on Au-
ditor's distress warrant........... 1544
of Auditor, or Treasurer, pro tem., 1551
of persons appointed to settle with
Auditor and Treasurer...
(See, chapters Administration;
Asylum-State Lunatic; At-
tachment; Boats and Vessels;
Corporations - Railroad; Court
Common Pleas; Ejectment;
Fees; Freedom; Justices' Courts;
Jurors; Legislature - Compen-
sation; Noxious Animals; Par-
tition; Practice in Civil Cases;
Roads and Highways.)
of electors of President and Vice-
President of the United States,
715
of ferrymen..
783
of guardians and curators.
831
of grand jurors......
911
of clerks, for services in relation
to grand juries.....
911
Compounding offences....
of registers and receivers of land-
offices.
993
tice in Civil Cases.)
for copying laws and journals...... 1032
of witnesses, attending Legisla-
ture
Concealing, offences....
1038
Compromise-(See, chapter Prac
1040
602
602
property of minors, proceedings.. 826
(See, chapter Administration.)
1716
INDEX.
PA
12
6
Congressional Districts.
Concessions of land, by French and
Spanish governments, evidence,
PAGE.
Constables.
724, 725
Conductor-(See, chapters Corpo-
rations Railroad; and Crimes
and Punishments.)
Confederation, not to be entered in-
to, by the States......
25,
26
articles of. ………………..
7 to
17
Confession of Jugdment, false per-
sonation of another, in..
597
(See, chapters Justices' Courts, and
Practice in Civil Cases.)
Confirmations, of lands, by commis-
sioners or recorder, copies of,
when evidence....
724, 725
(See, chapter Evidence.)
Congress, composed of Senate and
House of Representatives........
20
Senators in, when and how chosen,
21
election and qualification of mem-
bers........
20, 21,
22
compensation, privileges and inca-
pacities of members.
22,
23
proceedings on bills, resolutions,
&c........
23
general powers of.
24,
25
vacancies, how filled....
21
printed laws of, when evidence,
(See, chapter Elections.)
CONGRESSIONAL DISTRICTS.
723, 724
(See, chapter Practice in Civil
Cases.)
Consideration, want or failure of,
may be proven.
Consolidation of Causes-(See, chap-
ters Justices' Courts, and Prac-
tice in Civil Cases.)
Conspiracy, by slave.....
definition and punishment..
proof of― (See, chapter Practice
in Criminal Cases.)
CONSTABLES.-CHAPTER 29, 345 to
Approval of new bond, effect of…………..
Bond, to be given by constable..
condition and penalty of..........
to be approved by court or clerk..
new, required, when.........
former, discharged by approval of
new
if taken in vacation, to be ap-
proved or rejected by court at
next term..
of constable appointed to fill va-
cancy
•
to be filed with clerk...
may be sued upon, when....
Clerk, may approve constable's bond
in vacation...
constable's bond to be filed with..
Constable, by whom elected...........
one to be elected in each township,
except St. Louis........
3
3
3
co co w
3
3
w w
3
CHAPTER 30……..
348 to 350
Congressional Districts, State divid-
ed into.....
contested election of, by whom de-
termined
345,
3
348
what counties, shall be composed
of...
349
residence of, and term of office....
shall give bond; condition, ap-
proval
3
co
3
when new counties to constitute
portion of Congressional District, 350
Certificates of Election, Governor
new bond required, in certain
3
350
со со
3
3
shall grant........
....
349
Elections, when and where to be held, 349
how, shall be conducted.
returns of, how made....
Penalties or Fines, sheriff and other
349
officers liable to,. for failing to
make returns or neglect of duty, 350
CONSERVATORS OF THE PEACE, judges
of Supreme and Circuit Court to
be.......
judge of St. Louis Court of Com-
mon Pleas to be.....
77, 1157
1588
judge of St. Louis Criminal Court
to be..
1590
justices of the county courts, and
justices of the peace, to be......
1157
proceedings by......
1157
mayors and chief officers of towns
to be..
1157
coroner to be.........
368
sheriff to be....
1466
cases..
failing to give bond, office shall be-
come vacant....
..
....
may appoint deputies.
detaining money, shall be removed
from office.
3
3
∞ ∞ ∞ ∞ ∞
3
proceedings to remove............
what process, may serve..…………….
to receive and receipt for claims..
summary proceedings against...... 3
shall continue in office, when
township divided....
liable with sureties for money col-
lected.......
3
со
3
co
may be appointed to continue un-
til next general election.... 346, 3
vacancy in office of, who to serve
process....
....
...
Election, for constables, when held..
contested, how determined.
judges and clerks of, to certify to
clerk of county court.
...
3
3
34
со со со
CO
3
346, 34
constables appointed to hold office
until general…………….
INDEX.
1717
stitution of Missouri.
PAGE.
Constitution of Missouri.
PAGE.
udges and Clerks of election to
certify election of constable.....
iability of constable and sureties...
rocess, &c., constables may serve..
t. Louis township, how many con-
stables to elect..
ummary Proceedings against con-
stable; his sureties liable......
ureties, liability of........ 346, 347,
ownship, divided, constable to con-
345
348
347
Casualty, death by, not to work for-
feiture.....
Chancellor, office of, abolished... 77,
Chancery, court of..
84,
85
90
77,
90
Circuit Court, established......... 77,
90
345
jurisdiction of.
77
to have chancery power......... 77,
78
347
superintending control over infe-
348
rior courts.
77
judges of, how elected.
94
tinue in office.....
348
tenure of office......
94
acancy, how filled.
346,
347
judges, qualifications..
78
what officer shall serve process,
in case of.......
judges may be removed, how……...
78
347
Circuits, judicial, State to be divid-
ed into..
77
STABLES, to attend polls at elec-
tions...
Clerk of Court of Record, not eligi-
704
ble to Legislature.....
copy of bond, evidence
729
to be elected, how..
78,
999
67
91
fees of.........
772
Collector, or holder of public money,
to pay road fines and forfeitures to
Overseers
1383
....
to execute process in cases of sal-
not eligible to Legislature..………….
Commissioner of Permanent Seat of
Government........
67
81
vage
1402
of incorporated towns, may be ap-
pointed.....
how and by whom chosen...... 81,
Conviction of crime not to work
228
82
1526
corruption of blood..
84,
may serve subpoenas issued by
courts of record......
(See, chapters Attachment; Elec-
Coroner, to be appointed
- တ
85
75
10 10
1581
tenure of office...
75
to give security
75
tions; Fees; Justices Courts;
Practice in Criminal Cases;
new county established, Governor
to appoint.......
75
Roads and Highways, and
Schools.)
ISTITUTION OF MISSOURI
vacancies in the office of, how sup-
plied....
not eligible to Legislature.
how elected...
222
76
67
75
59 to
97
ddress, judges to be removed by...
78
ljournment of Assembly.
ljutant-General, how appointed....
mendment, to bills.....
68,
to Constitution...
8888
68
80
69
82
ttorney-General, not eligible to
Legislature......
67
Corporation, religious, shall not be
established
Courts (See, Supreme Court.)
(See, Circuit Court.)......
inferior tribunal, how established,
judges of, may be removed, how..
may discharge jury in criminal
cases....
83
...
100
77
78
78
84
liable to impeachment.....
70
how elected; tenure of office.. 79,
96
Death by casualty not to work for-
feiture of estate.
..
.84,
85
uditor, not eligible to Legislature..
67
Disqualification
67
to be elected, how......
74,
96
voter..
67
ail to be taken, except.
84
judge....
67
ank, may be incorporated
80
Attorney-General.....
67,
70
not to have more than five branches,
capital stock, not to exceed five
80
Secretary of State..
67,
70
State Auditor...
67,
70
millions....
80
State Treasurer
....
.67, 70,
71
lls, may originate in either house
Register or Recorder..
67
68,
69
clerk of court of record.
...
67
to be read three times...
two-thirds may dispense with rule
to be signed by Speaker and Pre-
sident......
68, 69
...
68,
69
coroner
constable...
religious opinions no
member of Congress..
...
67.
83.
67
67
...
.68,
to be presented to Governor...
shop, Priest or Clergyman, not
eligible to Legislature....
ibery, person convicted of, not eli-
gible to Legislature........
699
69 holding office of trust or profit un-
73
der United States....... ...67,
collector or holder of public money,
90
....
96
i
67
67
priest or clergyman.
67
perjury, party guilty of.......
67
67
bribery, party guilty of..........67,
68.
1718
INDEX.
PA
quorum of, number.....
Constitution of Missouri.
Disqualification, infamous crime......
soldier or seaman
Senator.....
PAGE.
67
67
68
Representative.
68
...
in case of impeachment.
70
Districts, State to be divided into....
77
Education, to be encouraged....
Election, to fill vacancy of Governor,
79
74
returns, to whom transmitted...
contested, how decided...
75
75
Electors, privileged from arrest…………...
66
Fines, either house may fine, &c...
68
Governor may remit....
Forfeitures may be remitted.
General Assembly....
to consist of Senate and House of
Representatives.
compensation of members..
who not eligible......
each house to appoint its own offi-
cers..
...
88 288 ANN
72
72
65
65
92
68
68
to publish journal of proceedings,
may compel members to attend....
to revise laws every ten years......
may be convened by Governor.....
to present bills to Governor...
68
68
72
73
73
to present resolution to Governor,
to encourage education.........
73
79
Constitution of Missouri.
General Assembly, to meet, when...
Governor...
qualifications....
tenure of office..
how elected..
not eligible, when......
election of, in case of tie vote......
to be commander-in-chief..
may remit fines and forfeitures....
to give information to Legislature,
may convene General Assembly...
to fill vacancies ....
bills to be presented to...
bills to be returned in ten days....
resolutions to be presented to......
compensation of....
....
.74,
in case of death, who to be...
returns of election to be made to
Secretary of State.......
to appoint Adjutant-General……….
liable to impeachment.
Judge of Supreme Court to pre-
side
....
...
concurrence of two-thirds in case
of conviction
.......
no power to grant pardons in case
of impeachment...
to issue writs of election............
House of Representatives......
ン
​to improve roads and navigable
streams...
80
may compel attendance of mem-
bers...
may incorporate one bank and
may adjourn from day to day.....
branches..
80
not to interfere with disposal of
public lands.....
81
to appoint Commissioner of Seat
of Government.
81
may adjourn from day to day.
68
may punish members...
68
to determine rules of proceeding..
68
doors to be kept open..
68
fine and imprisonment of members,
bills may originate in either house,
by consent may adjourn to another
place...
68
68
68
members privileged from arrest...
compensation...
69
92
to direct where suits to be brought
for State.....
69
have no power to pass laws to
emancipate slaves, unless..
69
69
to prevent bona fide emigrants.....
have power to pass laws to prohi-
bit introduction of slaves guilty
of crime
of slaves from foreign State.......
220
70
70
punishment in case of………………..
to permit owners to emancipate
slaves....
house to have power of......
70
Senate to try cases of....
to prevent free negroes from com-
ing into this State...........
70
to oblige owners to treat slaves hu-
manely..
70
no power to grant divorces.........
96
oath to be taken....
Governor no power to grant par-
don or reprieve in cases of.......
Internal Improvement to be encou-
raged....
may punish members...
....
to determine rules of proceeding,
doors to be kept open..
not to adjourn for more than two
days
...
of fine and imprisonment of mem-
bers of......
bills may originate in..........
not to adjourn to another place....
members privileged from arrest...
to have power of impeachment....
members, how chosen.
qualifications
....
number of, how apportioned...91,
compensation of members.
tenure of office
who not eligible…...
to appoint its own officers.
quorum, what shall be..
to publish journal of proceedings,
Infamous Crime, person guilty of, not
eligible to Legislature..
Impeachment, officers liable to.......
...
70,
INDEX.
1719
nstitution of Missouri.
Internal Improvement of roads and
navigable waters...
Judges, not eligible to Legislature...
liable to impeachment....
Judge, of Supreme Court to pre-
side in trial of impeachment.....
of such court, powers of.... 71, 76,
Judgment in case of impeachment, 70,
Judicial Power…………..
PAGE.
Constitution of Missouri.
PAGE.
80
152
67
Quorum of Senate or House...
Register or Recorder, not eligible to
Legislature......
68
67
70
Register of Lands to be elected,
how
96
71
Religious Opinions no disqualifica-
77
tion
83
71
76
Representative not to hold another
office..
68
of Supreme Court.....
76
of circuit court......
.77,
78
court of chancery..
.77,
90
(See, General Assembly.)
Republic, established by name of
"The State of Missouri"...…………….
64
inferior tribunals.
77
formed in 1820...
64
Jury, trial by, inviolate...
83
boundaries of...
.64,
91
court may discharge, when......
84
Rights, declaration of............82 to
86
Justices of the Peace to be ap-
political power vested in people...
83
pointed.....
..78,
79
State has right to regulate its in-
Laws, to be revised every ten years,
style of, to be what....
72
ternal government....
83
72
people may assemble and petition,
83
ex post facto, not to be passed......
nor, impairing obligation of con-
tracts
85
liberty of conscience.....
83
85
no religious corporation to be es-
tablished
83
Lieutenant-Governor, to be the Pre-
not to be taxed to support religion,
83
sident of Senate........
74
not ineligible to office for religious
has casting vote.........
74
opinions...
83
may debate on all questions, when,
74
elected, when and how..
74
....
compensation.......
liable to impeachment.
Militia
officers of, how appointed..
Member of Congress not eligible to
Legislature...
75
elections, free and equal.......
courts of justice open to every one,
trial by jury inviolate.....
83
83
83
70
8885
80
80
accused to be heard by counsel....
to meet witness face to face.....83,
to demand nature of accusation,
83
84
.....
83,
84
67
Negroes, Legislature may prevent
free, from coming into this State,
or property
not to be deprived of life, liberty
...83,
84
70
Oath, official, to be taken....
71
not to be tried twice for same of-
fence
....
84
in cases of impeachment....
71
Officers, person holding office under
United States not eligible to Le-
gislature..........
all persons bailable, except.........
habeas corpus not to be suspend-
ed, unless....
84
84
.67,
90
secured from improper searches...
84
each house to appoint its.
68
of militia, how appointed..
80
accused to be proceeded against
by indictment, except, &c
84
Pardons may be granted by Governor,
72
freedom of speech and press; ex-
except in case of impeachment....
72
post facto law...
85
Perjury, person guilty of, not eligible
to Legislature..
persons exempt from military ser-
67
vice
....
85
Powers, divided into three depart-
property taxed in proportion to its
ments.
65
value......
85
possessing under one, not to exer-
cise under another..
titles of nobility.
85
65
emigration from State, free....
85
legislative, vested in General As-
sembly
no soldier to be quartered on citi-
65
...
zen in time of peace...
85
judicial, vested in Supreme and
Circuit Courts......
Rivers declared public highways..
81
76, 77,
90
Schedule.
86 to
89
executive, vested in Governor...
military, to be subordinate to civil,
political, vested in people........
President of Senate, to discharge du-
ties of Governor, when....
Lieutenant-Governor is, ex officio,
72
Seal of State.......
75
85
83
Search Warrant to specify, what..
Seat of Government......
84
81
commissioner, to be appointed.....
81
74
site, to be selected………..
81
74
within what limits..
81
Priest or Clergyman not eligible to
Legislature......
Secretary of State, not eligible to
67
Legislature.....
67
Property taxed in proportion to value,
85
liable to impeachment
70
CC VOL. II.
1720
INDEX.
Constitution of Missouri.
PAGE.
Secretary of State, returns of elec-
tion to be transmitted to
75
how elected.....
75,
95
Senate and Senators
66
how chosen....
66
tenure of office
....
66
qualifications
66
....
of what number to consist.
66
to be classed, how....
66
privileged from arrest.
who not eligible......
69
67
to appoint its own officers.
68
quorum of.......
68
to publish journal of proceedings,
68
may compel attendance of mem-
bers....
68
may adjourn from day to day...
68
may punish members......
68
to determine rules of proceeding..
68
doors to be kept open...
68
not to adjourn for more than two
days.......
68
not to hold other office..
68
may propose bills......
68
....
not to adjourn to another place
without consent....
privileged from arrest.
compensation......
to try impeachments.
Sheriff, to be appointed
tenure of office..
68
69
91,
92
71
...
journal
casting vote...
75
75
to give security.
75
....
county established, Governor to
appoint.......
..75,
76
vacancies, how supplied........
76
Soldier or Seaman, not to vote.......
67
not to be quartered on citizen in
time of peace.
85
Speaker of House to exercise duties
of Governor, when..
74
Speech, freedom of.........
.85
Supreme Court.........
.76,
90
appellate jurisdiction.
76
mandamus, quo warranto..
to issue writs of habeas corpus,
to consist of three judges.....
to hold two sessions annually
how elected..
tenure of office......
76
77
77
..78, 93,
94
93,
94
judges' qualifications.
78
....
judges may be removed from office,
78
Slaves, introduction of, may be pro-
hibited .....
70
and emigration of, from foreign
State......
70
....
laws for manumission of, may be
passed......
70
owners obliged to treat kindly………..
70
to be tried by jury...
70
what punishment to suffer
70
to have counsel assigned......
70
.....
person killing, to suffer, what pun-
ishment
Constitution of the United States."
State, suit by, to be directed by Le-
gislature....
seal to be provided.....
to be divided into districts.....
has jurisdiction on Mississippi
river
Taxation, property to be taxed in
proportion to its value........
Titles of nobility not to be granted,
Treason against State defined.....
conviction of, not to work corrup-
tion of blood
.....
84,
...70,
Treasurer, how elected.
liable to impeachment........
of the State or county not eligi-
ble to Legislature......
....
....
Treasury, money not to be drawn
from, without authority of Le-
gislature.....
University lands to be improved………..
Vacancies to be filled by Governor,
73,
Voter, who qualified to be a.....
Votes, viva voce, to be given in elec-
tion of officers
names of members to be called....
yeas and nays to be entered on
..63,
Warrants to run in name of State....
(See, Search Warrant.)
Writs, shall run in name of State...
of habeas corpus to issue, unless..
CONSTITUTION OF THE UNITED
STATES...
.........19 to
Acts and Records of each State enti-
tled to credit.....
Amendments to Constitution, how
made....
Attainder, bill of
of treason..
Bills, for raising revenue..
.........25,
to pass both houses, and be ap-
proved......
shall be laws if not returned in ten
days........
Census to be made.
Citizens of each State, privileges of,
Claims of the several States not to
be prejudiced…………………..
Commerce, regulations respecting...
Congress, legislative power of.........
may alter laws for election of Se-
nators
...
shall assemble once every year....
death or resignation of President,
to provide for case of............
to appoint time for choosing elect-
ors....
may invest President with ap-
pointing power……………..
70
may establish courts
.24,
PAG
INDEX.
1721
Constitution of the United States.
Congress, may declare punishment
for treason..
may prescribe manner of proving
records.......
PAGE.
29
Constitution of the United States.
Judges to hold office during good be-
havior..
PAGE.
28,
29
29,
30
assent of, in formation of new
States
30
Judicial Power, in whom vested......
to what cases it extends......
Jury Trial, shall be in the State where
crime committed......
28
29
29
may propose amendments.......
30
to lay and collect duties, imposts,
secured in all cases, except im-
peachments........
29
&c
to borrow money
22
24
24
to regulate commerce......
24
to pass naturalization laws........
24
to pass bankrupt laws....
24
to coin money, and regulate value,
24
in suits at common law, where sum
exceeds twenty dollars.......
Laws, Constitution and Acts of Con-
gress, &c., supreme.
Legislative Powers, vested in Con-
gress
33
•
31
20
to fix standard of weights and
measures
24
not granted, &c., are reserved to
the people or States....
33
to punish counterfeiting.
24
Money to be drawn from treasury
to establish post-offices...
24
...
only by law...
25
to authorize patents to authors
and inventors....
24
to declare war...
24
44
Nobility, titles of, not to be granted,
Officers, of the Senate and House,
how chosen....
25
21
to raise and support armies.....
24
to punish piracies.
24
civil, may be removed by impeach-
ment...
28
to maintain a navy
24
....
to organize militia...
24
Powers, not delegated, reserved to
the people or States..
to call forth militia
24
exclusive jurisdiction at seat of
government
not prohibited, reserved to States,
legislative (See, Congress.)...20,
co co
33
33
24
24,
25
to pass laws to carry express
powers into effect
25
....
to dispose of territory of United
States
30
....
executive (See, President) 26, 27,
judicial-(See, Judicial Power) 28,
Presents, office or title, from foreign
King, prohibited..
28
29
25
Constitution, how amended........30,
31
President, vested with executive
and all laws and treaties, supreme
power...
26
law....
31
tenure of office.
26
ratification of, by nine States...
amendments to............... 32, 33,
Conventions, for proposing amend-
31
how elected..
..
.26,
27
31
qualifications of.
27
compensation of..
27
ments.....
..30,
31
oath of office..
27
Courts, supreme, jurisdiction.....28,
inferior, how established........24,
Crimes, accused fleeing may be de-
manded
29
may be impeached..
28
28
Commander-in Chief of army and
navy
27,
28
30
may require written opinions from
Debts of confederation valid
31
heads of departments..........27,
28
Duties on exports prohibited, when,
25
may reprieve and pardon.
.27,
28
on slaves imported by States, to be
may make treaties..
27,
28
levied.....
25
may appoint to office..
.27,
28
Election of Senators and Representa-
tives.
fill vacancies....
28
qualifications of, how determined,
22
22
22
shall give Congress information..
may convene either House.......
28
...
28
Electors of President and Vice-Pre-
may adjourn Congress....
28
sident.
26, 27, 33,
34
shall receive Embassadors...
28
∞ ∞ ∞
Exports (See, Tax.).........
25
shall commission all United States
no State to levy duties on..
26
officers..
28
Ex post facto law....
25
Habeas Corpus, writ of...
25
may be suspended, when...
25
in case of death, office of, to de-
volve on Vice-President. …………………….
Property taken for public use, com-
27
Impeachment, all civil officers lia-
pensation
32
ble to..
28
Quorum, for business..
22
persons guilty, liable, also, to in-
dictment
22
Importation of slaves allowed until
1808.....
25
of States, in choosing President in
House
Receipts and Expenditures, list of, to
be published.
26, 27,
33
25
1722
INDEX.
Constitution of the United States.
Representatives, House of..
members, how chosen..
tenure of office
qualifications
..
not to exceed one for thirty thou-
sand.....
.....
shall choose Speaker and officers,
have power of impeachment
to determine election and qualifi-
cations of its members...
what shall be a quorum.
...
may compel attendance of mem-
bers
....
may determine rules of proceeding,
may expel members...
...
shall keep and publish journal………..
not to adjourn for more than three
days
20
20
20
PAGE. Constitution of the United States.
Senate, of whom composed......
how chosen, classed, and terms of
service.......……….
PAGE.
21
....
20,
2 222
20
22
22
22
22
22
22
2 2 2 2
2222
22
22
22
qualification of members......
shall choose their officers, except,
shall determine qualification of
members
what number, quorum.
may compel attendance of mem-
bers....
may adjourn.….………….
....
may expel members..
may determine its rules.
shall keep journal………..
...
shall not adjourn for more than
three days...
one-fifth present may require yeas
227 22 22222
21
21
21
22
and nays......
one-fifth present may require yeas
and nays
22
may propose amendments to bills,
shall try impeachments.....
22
2 222
23
21
originate bills of revenue....
23
judgment to extend only to re-
compensation…….....
22
moval from office.........
22
privileged from arrest....
.22,
shall not hold certain offices..
22
23
compensation of members..
22
23
privileged from arrest...
22,
23
shall not serve as electors of Pre-
sident.
26
Representatives and direct taxes ap-
disqualified to hold certain offices,
Slaves, duty on, for importation prior
to 1808...
23
25
portioned...
20
how.
vacancies supplied by Governor,
....
Resolution, requiring concurrent ac-
tion of Senate and House, to be
presented to President.......
trade prohibited after 1808...
States, prohibited from, making
25
.....
21
treaty...
25,
26
granting letters of marque…………..25,
26
coining money
25,
26
23
emitting bills of credit..
25,
26
Rights of Citizen
32
making anything but gold and sil-
liberty of conscience in religion...
32
ver coin, a tender...
...
25,
freedom of speech and of the press,
may assemble and petition...………….
32
32
may keep and bear arms....
32
to be exempt from quartering sol-
diers in time of peace..
unreasonable searches and seizures,
to answer only on indictment by
grand jury.
passing bills of attainder........25,
making ex post facto laws.......25,
making laws impairing obligation
of contracts.
222
26
26
26
.25,
26
32
....
32
28
granting titles of nobility....... 25,
laying imposts and duties..
26
26
32
keeping ships of war or troops.....
entering into alliance with another
26
not to be tried twice for same of-
fence..
State.....
26
32
engaging in war unless invaded...
26
not compelled to be witness against
himself.....
may be admitted into Union......
30
32
to be secure in life, liberty and pro-
shall not be formed within juris-
diction of others.......
30
perty.
32
judges of, bound by Constitution,
property shall not be taken with-
laws and treaties...
31
out compensation..
32
trial by jury..
33
facts tried by jury to be examined
majority of all necessary to choice
of President.......... 26, 27, 33,
each guarantied republican form
34
...
only by rules of common law....
in suits at common law, where
value exceeds twenty dollars, to
be by jury
33
of government ...
30
.......
protected from invasion.....
30
33
excessive bail not to be required...
excessive fines not to be imposed,
cruel and unusual punishment....
enumeration of certain powers not
to operate against retained
rights.....
33
secured from domestic violence...
Tax, capitation, to be laid in propor-
tion to census...
30
33
33
on exports from State, prohibited,
direct, how apportioned..
Territory, Congress may pass laws
20
to govern....
30
2828
20
25
33
Test, religious, shall not be required,
31
INDEX.
1723
PAGE.
PAGE
Treason, defined..
two witnesses or confession neces-
....
sary to convict..
29
Congress may prescribe punish-
29 CONTRACTS AND PROMISES.
CHAPTER 31.......
Administrators, when contract to sur-
vive against....
350 to
352
351
ment....
29
or other crime, party fleeing may
be demanded.
Contracts, construed to be joint and
several...
351
30
Treasury, money drawn from, only
by appropriation………..
25
Treaties, the supreme law..
31
Vacancies, how supplied.....
28
Vice-President, to be President of
shall survive against heirs, &c.,
when part of joint obligors die, 351
shall survive against heirs, &c., if
all the joint obligors die....……………
to repair, shall impose on tenant
what obligation.....
351
352
Senate.....
21
how elected
33
Copartners, suit may be brought
against one or more......
351
qualifications...
34
Covenant or Contract to repair,
shall discharge duties of President,
what obligation shall impose on
when.....
21
tenant...
352
may be removed by impeachment,
Vote of one House, requiring con-
currence of the other
Resolution.).
28
Heirs, when contract to survive
against.....
351
(See,
23
Warrants for searches and seizures..
Witness in criminal cases, no one
compelled to be, against himself,
32
32
CONTEMPT, before Legislature, may be
punished.
68
Joint Contracts, at common law, con-
strued to be joint and several...
shall survive against heirs, execu-
tors and administrators, when..
suits, how brought.upon...
Joint Obligations, &c., suits may be
brought against one or more
parties in..
351
351
351
351
before arbitrators.........
195
of court, attorney practicing with-
out license, guilty of…………….
278
Promisers, in case of death of, con-
tracts survive against legal re-
presentatives
351
before court of record, how pun-
ished
Seal, scrawl equivalent to...………………………………
352
542
in disobedience or violation of in-
junction....
1250
may be punished by justice of the
peace.
922
...
CONTRACTS, law impairing obligation
of, not to be passed...... 25, 26,
founded on prohibited currency,
void.....
85
287
(See, chapters Practice in Civil
of counties, may be by agent......
502
ed ....
Cases, and Practice in Criminal
Cases.)
Contested Election, of Governor and
Lieutenant-Governor,
of clerks, how determined... 336, 705
of constables, how determined....
......
of sheriff, coroner, assessor, jus-
tice of the peace, justice of the
county court, and county sur-
veyor, how conducted...... 705, 706
of members of Legislature.....
of electors of President and Vice-
President....
of corporations, by agent..
371
with State or county, copies of,
evidence
729
regulat-
75, 709
must be in writing, to charge exe-
cutor or administrator out of
his own estate.....
807
345, 346
to charge a person for debt, &c.,
of another………….
807
to charge any person, on agree-
ment, in consideration of mar-
riage
807
....
for sale of lands, or lease for longer
707
term than one year.
807
for sale of goods.....
808
{
715
...
with Indians, when void..
856
....
of justices of the peace, decided
by county court......
706
with insane persons, void, without
consent of guardian......
868
(See, chapter Elections.)
and judgments not to be liens on
Contingent Expenses, of clerks, how
allowed and paid.
property, when......
873
337
of Supreme Court, how paid.......
of circuit and county courts.......
543
543
of Legislature, how adjusted and
paid........
1038
of Secretary of State..
1452
of librarian..………………………
1492
(See, chapters Administration;
Corporations-Railroad; Crimes
and Punishments; Practice in
Civil Cases, and Marriage Con-
tracts.)
Continuance, by arbitrators, of cause
before them..
194
1724
INDEX.
to
Conveyances.
Continuance in suit, against boats
and vessels, before justice of the
peace, not to be granted to
plaintiff, unless for certain
causes
(See, chapters Administration;
Justices' Courts; Practice in
Civil Cases, and Practice in Cri-
minal Cases.)
PAGE.
Contribution among co-trespassers.. 649
CONVEYANCES.-CHAPTER 32... 353
Conveyances.
Conveyance, filed for record, shall be
verse possession………….
to be recorded………….
record of, shall impart notice...
not valid without record........
Dower, how married woman may re-
linquish
...
before whom relinquishment of,
PAGE.
notice.
366
may be read in evidence.
366
...
certified copies of, when may be
312
read in evidence......
366
Deeds, valid, notwithstanding ad-
355
364
364
364
...
361, 362
367
Acknowledgment, when shall be
shall be taken....
362
taken
358
by whom taken....
358
certificate of, to be endorsed on
married woman relinquishing,
shall be known to officer, or
identity proven..
362
conveyance.
359
Entails not allowed..
355,
356
not to be taken, unless grantor be
Estate, limited in remainder, &c.,
personally known or identified..
359
how disposed of........
356
certificate of, how made..
359
certificate of, what facts shall state,
by whom, may be taken, of married
359
woman
363
...
future, on death of person without
heirs, how disposed of.......
in fee tail, operation of........ 355,
Evidence, what shall not be conclu-
357
356
363
363
same..
...
361, 362
not to be taken of married woman,
certificate of, when married wo-
man makes.....
Attorney, Letters of, dower may be
relinquished by, authorizing the
married woman may by, authorize
conveyance of real estate.. 362, 363
letters of, how acknowledged,
&c...
Conveyance, operation of, to use,
words, "grant,' 'bargain,
"sell," how construed in.......
to be signed and sealed……………….. 357,
instruments of, to be acknow-
ledged....
....
sive..
instruments of conveyance re-
corded, to be received in…………………
of handwriting, not to be re-
ceived, when.…………………
when grantor and witness are dead,
Heirs, term of, in deed, not necessary
to convey a fee-simple estate....
Married Woman, with her husband,
may convey real estate......
effect of conveyance……….
Powers of Attorney, how acknow-
ledged, proved, &c........... 364,
when deemed to be revoked........
Proof, what required in executing
instruments conveying real es-
tate, &c....... ……….
365
365
360
360
355
proved, &c...
364,
365
when deemed revoked...
365
Attornment of, a tenant, void to a
stranger, when....
357
grants of rents, &c., effectual,
without tenant...
357
354, 355
360
when shall be taken by subscribing
357
witness......
360
357,
358
no certificate of, shall be granted
unless, &c.
360
358
certificate of, what facts shall set
by whom acknowledgment of, to
be taken.......
forth...
360
358
when grantor and witnesses are
what proof necessary to instru-
dead..
360
ment of.....
360
....
certificate of, when granted....
361
deeds of, when to be recorded......
364
what facts shall set forth...
361
recorded, shall be notice, &c., to
all persons
364
Real Estate, construction of the term,
Remainder, in fee-simple, to whom it
366
instruments of, when not valid.....
364
shall pass, and when....
356
title acquired after, enures to
limited, to take effect on death of
grantee....
355
may be read in evidence, when....
365
person without issue, how con-
strued....
356
when certified copy, evidence…………..
365
how disposed of, when limited to
shall not be received in evidence,
heirs....
356
when.....
365
of military bounty lands, how ac-
knowledged..
366
Remedy, against persons who are
subpoenaed, refusing to answer,
Rents, &c., grants of, good without
361
when instrument of, valid..
366
attornment.
357
362
363
365
365
INDEX.
1725
PAGE.
Subscribing Witness, proof by, of
execution of instrument.
Coroners. — Corporations.
Conviction, former, when may be
PAGE.
360
pleaded
642
proof by, before certificate granted,
proof of handwriting of, not to be
360
second, for like offence, punish-
ment..
639
received unless, &c....
360
may be had of offence of less de-
when and how summoned......
361
Tenants, in common, when...
357
gree than that charged in indict-
ment..
640
attornment of, void to a stranger,
when.....
357
Title, acquired after conveyance,
enures to grantee.......
355
of one degree, bars trial for same
act for another degree.......641, 642
of persons under sixteen, of fe-
lony, punishment.....
642
Warrantees, lineal and collateral,
abolished......
356
Wills and Testaments, this act not to
extend to..
366
CONVEYANCES, by and to counties, their
effect.
502, 503
by husband alone, not to bar
dower
to occupying claimant, when......
made before officer of French or
Spanish government, evidence,
724, 725
general provisions as to evidence,
.......726, 727, 733
by sheriff, of land sold under ex-
ecution....
748
given on gaming consideration,
void.........
.....
670,
671
694
...
819
not to work forfeiture of estate,
642, 643
Convicts-(See, chapters Crimes and
Punishments; Limitation, and
Practice in Criminal Cases.)
Cooper County, limits defined...474, 475
Coparcener may have partition of
lands..
Copartnership Property-(See, chap-
ter Administration.)
Copies (See, chapter Evidence.)
Corners, of land, decayed, how re-
established.....
1110
1151
CORONERS. CHAPTER 33.........367, 368
Bond, county court shall inquire into
368
sufficiency of..……….. …..
what proceedings when insufficient, 368
Clerk to certify vacancy of office to
...
819
827
868
907
1084
how recorded..
358 to
362
by State, of Saline lands.....
1397
1407
1535
732
assignment of, not to affect de-
fence in such case...
by guardians and curators.
by guardians of insane persons...
decree concerning, to be recorded,
of acre of land, in cases of mill-
dams, operated by decree of
court....
under foreclosure of mortgage.... 1090
in cases of partition....
1116
index of, to be kept by recorders.. 1315
by State, of school lands.
by town plats, when........
made by Governor, confirmed......
(See, chapters Administration;
Asylum-Blind; Corporations—
Benevolent Associations; Crimes
and Punishments; Fraudulent
Conveyances; Gaming; Practice
in Civil Cases, and Revenue.)
Conviction, not to work corruption of
blood....
..84, 85, 642, 643
when to work incompetency, as ju-
ror (See, chapter Crimes and
Punishments.)
when, as a voter-(See, same chap-
ter.)
J
when, to hold office (See, same
chapter.)
when to work forfeiture of office
(See, same chapter.)
to have charge of jail, when.......
may serve subpoenas, when……….. .... 1581
(See, chapters Elections; In-
quests, and Practice in Criminal
Cases.)
CORPORATIONS.
....
CHAPTER 34......
369 to 379
Actions, against corporation, how in-
stituted....
376
376
summons in such, shall be suffi-
cient.....
Governor.
County Court, duty of, in relation to
bond........
368
368
Coroner, to take oath and give bond,
failing to give bond, office vacated,
when to serve and execute writs,
367
368
.367,
368
when to act as sheriff.
368
shall take inquests.....
368
shall be conservator of the peace,
&c........
368
when office vacated by neglecting
to give bond.....
368
vacancy occurring, clerk of county
court shall certify fact to Go-
vernor
368
shall be exempt from serving on
juries and working on roads.………….
may appoint deputies.......
368
368
CORONERS, fees of.........
.771,
772
900
1726
INDEX
Corporations.
Attachments, against rights and cre-
dits of corporation, may issue,
when..
PAGE. | Corporations.
.377, 378
378
shall be executed, how
moneys, &c., of corporation, bound
from time of service of.........
other writs of, may issue, when...
Bills, Notes, &c., no corporation shall
discount, unless created with
banking powers.
378
378
371
not to be issued for circulation as
money, when…………...
371
Board, what shall form, for transac-
tion of business...
371
a majority assembled as a board,
proceedings of, shall be valid,
when
371
By-laws, may be made.............369, 370
provisions of, shall extend, to what
369,
370
371
Charter of, subject to repeal.
Clerk of Corporation, or other officer,
having charge of the books, duty
Contracts, may be implied, on part
of agent, when..
Corporation, charter not to be al-
tered, &c., except upon notice...
parol contracts binding, when…………….
contracts made with agent of, bind-
ing..
contracts with, may be implied,
when
first meeting of, how called....371,
warrant may be issued for call of
meeting of, when, how........
meeting of, called by warrant, who
may preside..
...
acts of meeting of, shall be valid,
individual property of members of,
liable to double the amount of
stock
.....372,
execution against property of
stockholder in, how served.
creditor of, may sue members and
stockholders of, when and how,
shall give annual notice of debts,
&c.......
.373,
failing to give notice, effect of, 373,
effect of paying dividend when in-
solvent
directors of, shall be liable for all
debts of, when.
....
debts of, must not exceed capital,
directors of, liable for excess……………….
of other States, liable to be sued,
how
may convey land by deed…..………………….
deed of, how executed, proved, &c.,
on dissolution of, who to be trus-
tees......
trustees of, powers and duties of,
members of municipal, competent
witnesses, when.....
actions against, how instituted....
moneys, &c., of, bound from ser-
vice of attachment...
PA
of …..
373
shall furnish officer with names,
&c., of persons holding stock,
and who are individually liable,
when....
373
371
may be implied from corporate
acts
371
....
parol, binding on aggregate corpo-
ration
371
Corporation, to have succession by
corporate name...
369
may sue and be sued........
369
may make and use a common seal
369, 370
may hold, purchase and convey, real
and personal estate, how.....369,
may appoint officers and agents...
may make by-laws....... .....369,
powers of, shall hereafter vest, in
what
....369, 370
hereafter created, shall possess,
what powers……..
370
370
370
370
necessary powers may be exer-
cised
370
shall not issue or discount bills,
notes, &c., unless, &c. ......
371
shall not receive deposits, when...
371
Deed, corporation may convey land
shall not have the power to pur-
by
3
chase gold and silver, bullion,
&c., unless, &c. ......
371
•
shall not buy and sell bills of ex-
change
shall be recorded, how.
371
board of, for transaction of busi-
ness..
371
Demand and Notice, made and given
....
powers and duties of..... ...369,
corporate powers of, shall cease,
when
370
371
how to be executed, signed, sealed
and acknowledged.....
Defendants, order of court in rela-
tion to......
to stockholders, when and how, 3
after which, creditor may proceed,
how
ww
3
charter of, subject to repeal, when, 371
to be served, how......
what portion of this act not to ex-
tend to municipal corporations,
Creditor, at his election, may sue
stockholders, jointly or several-
ly, when.....
Debts of, corporation not to exceed
amount of capital……………….
banking companies, excepted in the
foregoing..
.....
directors liable for, when………..
INDEX.
1727
liable, how......
374
liable for excess of debts above
amount of capital........
374
when absent at time excess cre-
ated, not liable.....
Corporations.
Directors, shall not declare and pay
dividend, when...
374
liable for all debts of corporation, 374
absent when dividend made, not
371
PAGE. Corporations-Benevolent Associations. PAGE.
Parol Contracts binding on aggre-
gate corporation, when......
Powers, specified in first section,
shall vest in all corporations
hereafter created....
.......369, 370
necessary, only to be exercised....
Property of corporation subject to
attachment....
370
375
374
Dissolution of corporation, who shall
be trustees.
375
Real and Personal Estate may be
held and conveyed....
Seal, corporation shall make, use,
370
...
Dividend, effect and liability of di-
rectors in making, when corpo-
ration insolvent......
&c.....
369, 370
Stockholders, property of, may be
374
Execution, individual property of
stockholders, when and how lia-
ble....
levied on, when and how...
Subordinate Officers and Agents, may
be appointed, when..
373
370
372
shall be levied on corporate pro-
Suits against corporations shall be
commenced, where...
377
perty.,.
373
...
Summons, actions against corpora-
corporate property not found, how
levied..
373
tions shall be commenced by
may be served, how....
376
...
376
levied upon individual property,
return of officer on, shall express
when....
373
what...
377
shall be a fieri facias......
377
returned "not served," proceed-
shall be levied, and proceedings had
as in other cases....
ings
377
377
......371,
372
Trustees, who shall be, upon dissolu-
tion of corporation; powers of;
duties of.
375
378
378
Witnesses, inhabitants of municipal
corporation, competent.......……….
375
First Meeting of Corporation, how
called....
Garnishee, may be summoned, when,
when and how to answer.......
what moneys, effects, &c., shall be
credited to, and when.....
proceedings against, how conduct-
ed....
shall have credit for moneys paid,
Individual Property, of stockholders
liable, when..
378 CORPORATIONS-BENEVOLENT
ASSOCIATIONS.-CHAPTER
378
378
372
35......
..379 to 381
Articles of Association to be filed,
where......
380
379
powers of......
........379,
380
liability of, to continue after judg-
ment recovered.....
....372, 373
Justice of the Peace shall issue war-
rant, calling a meeting of stock-
holders, when.....
Associations, may be constituted.....
to file copy of amendments to con-
stitution or by-laws, when, how
and where.....
381
372
to have perpetual succession... 381
subject to what laws......
...
381
381
Literary or Benevolent Societies,
stockholders and directors of,
when not liable individually..... 375
Meeting of corporation, when and
how to be called...............371, 372
Notice, annual, shall be given of all
the debts of corporation, how,
373,
lists of, to be kept........
Certificate, county court to grant.... 380
form of.........
380
clerk of county court to grant,
when
....380, 381
Clerk of County Court, articles of
...
association to be filed with....... 380
shall grant certificate of incorpo-
ration
constitution or by-laws to be filed
374
failing to give, what effect.
given by officer, for what, and how,
374
373
.380, 381
how served.....
377
to be given of proposed alteration,
with....
......380,
.380,
381
&c., of charter...
379
fees of...
381
Officer, shall give notice of execu-
tion, &c., when and to whom....
summons must be served on chief,
373
to keep lists of associations........
Constitution or By-laws, to be filed..
381
380
of corporation, how......
376
amendments to, to be filed.......
Fees, officers to have what...
381
381
duties of, in making return...
377
Incorporation, proceedings to obtain
Orders, Rules, Notices, &c., shall be
certificate of.......
380
served, how.
377
Petition, to county court to be filed, 380
when to be published…………….
377
if rejected, appeal allowed....380, 381
cc
CC 2-VOL. II.
1728
INDEX.
PAGE. | Corporations, &c.
Directors, acts of, valid.......
CORPORATIONS-FUND ASSOCIA-
TIONS. CHAPTER 36....381 to 383
Certificate to be made, by whom, and
what to contain
Circuit Court to have jurisdiction, of
....
382
what cases.
382
Corporation, who may organize and
become a.......
382
objects of the....
382
powers and duties of the......
382
382
subject to what laws...
before the transaction of business.
by, certificate to be made......... 382
not to take the name of any simi-
lar corporation......
may require payments of stock
subscribed....
have power to make by-laws......
to make certificate of payment of
stock.....
liable for debts of company, when,
when not liable for such debts.....
to keep a journal of proceedings,
proceedings of, to increase or dí-
minish capital stock or extend
business
PAGE,
386
386
386
387
387
387
688
.389, 390
to give notice of meeting......
liable for excess of indebtedness,
when....
389
382
390
to publish an annual statement....
to file such statement, where, 382,
funds of, to be loaned..
382
383
accounts of profits and losses and
dividends
.391,
392
383
....
....
not to make loans to persons not
members
383
Elections, of directors, when......
notice to be given of.......
to be by ballot......
385
385
385
shall not contract debts except for
ordinary expenses
383
not held on day appointed, when
held......
.385, 386
any existing association may or-
Evidence, copy of certificate or jour-
ganize itself as a........
383
shall terminate, when..
383
Funds, to be loaned, how..
383
nal of proceedings, to be...386,
books kept by directors to be, 391,
Executor and Administrator, not
387
393
not to be loaned, to whom......
383
personally liable……………….
388
to be filed, where.........
CHANICAL.
Members not allowed to vote, when,
Statement, of financial condition to
be published, when.
CORPORATIONS-MINING, ME-
Accounts of profits and losses and
dividends, to be kept.........391,
383
estate in hands of, liable..
388
...
may vote....
388
382
Guardian and Curator, not personal-
.382, 383
ly liable......
388
estate in hands of, liable....
may vote....
388
388
CHAPTER 37
Inspection, journal and other books
384 to
393
392
By-laws to prescribe, what....
386
Certificate, to be filed.....
384
what to contain....
384
subject to...........388, 389, 391, 393
penalty on company failing to
keep books open to...... ...391,
License to be issued by clerk....
Notice, requiring payment of stock,
calling meeting for election of di-
392
385
386
copy of, evidence..
386
rectors...
385
of payment of stock sworn to and
to increase or diminish capital
recorded
387
of extension of business, &c.......
Corporation, how formed.........384, 385
powers of.....
390
stock or extend business....
Officers, company to have certain....
to give security...
385
385
385
385
shall not give any lien on its pro-
perty...
liable for making loans to stock-
holders...
.387, 388
385
not to purchase stock in any other
corporation.....
-
· 386
dissolved, when..
387
for making false certificates, re-
port or notice.....
guilty of misdemeanor..........391, 393
President, there shall be a, of the
388
may increase or diminish capital
company
386
stock....
389
extend its business.....
389
any existing, may become subject
to this act..
.389,
390
to make certificate of payment of
stock
Property valued, when and how......
Stock, transfer of, to be entered, 391,
387
392
indebtedness of........
390
392, 393
penalty on, when.......
.391,
393
to be sued for penalty, where and
by whom...
....391, 392,
393
Demand of payment of stock..
386
Directors, to be elected, when,
385
vacancies in office of, how filled...
385
personal estate, and transferable..
not transferable, till when.......
capital to be paid in money, when,
387, 392
payment of, to be made in money,
387, 392
386
386
....
INDEX.
1729
390
may be paid in property........
Stockholder, forfeits stock subscrib-
392
ed, when.....
386
extent of liablity of.........
387
loans shall not be made to........
387
who not personally liable as...
meetings of, to increase or dimi-
nish stock, extend business......
388
Corporations-Railroad.
Damages, what vote required to in-
crease or diminish.
PAGE. | Corporations—Railroad.
Circuit Court, an information to be
PAGE.
412
filed in...
411,
other orders may be made by...... 412
petition to, by company, praying to
acquire title to property....414, 415
may require security of special
guardian....
shall direct the manner of service
........417, 418
390
of certain orders and notices....
to appoint commissioners...
417
417
not liable, when......
limitation to suits against......390, 391
to have right to inspect books,
390
may confirm their report...
419
to hear appeals......
419
may order a second appraisal,419, 420
391,
392
money paid into.....
420
names of, to be kept.....
Trustee, not liable personally
.391, 392
388
....
may appoint an attorney, and amend
proceedings..
420
estate in hands of, liable...
may vote...…….
388
388
CORPORATIONS
RAILROAD.
when.....
CHAPTER 39.....
..404 to
439
may hold special terms......... 420, 421
appoint other viewers.......... 420, 422
may order sale of land to company,
City Council, may subscribe stock...
.424, 425
427
Affidavit, to be annexed to proxy....
410
to be endorsed on articles of asso-
privileges of, after subscribing..... 427
may levy a special tax.
427
ciation
....
.........407,
408
to issue certificates..
428
Agent, appointed by county court or
may require additional security of
city council...
429
collector.
428,
429
embezzlement by..
430
may appoint an agent.
428,
429
guilty of misdemeanor, when, 435,
436
may issue bonds, and at what in-
of felony, when......
438
terest.....
.427, 429
Appeals, from report of commission-
to have certain powers and privi-
ers...
419
leges..
429
from award of damages.
422
Articles of Association, shall contain,
may levy a special tax to pay in-
terest.
429
what....
405, 406
provide a sinking fund...
429
to be filed in office of Secretary of
State.....
406
Commissioners, to ascertain the com-
pensation to be made to owners,
to be filed and recorded........407, 408
Attorneys, appointed to act on be-
417,
418
duty of.......
418
half of unknown owners of real
estate.
420
second report of, to be final...419,
court may appoint other.....
420
420
Badge, of identity, to be worn……….
429
effect of not wearing..
429,
430
to ascertain the damages for taking
materials ....
421
Bell to be rung, when.
436
appointed to alter or confirm loca-
By-laws, power of corporation to
tion of road..
422
make......
406
to file their certificate...
422,
423
to prescribe manner of electing
directors.
408
not valid, when...
411
Cars, to be run regularly........
435
to ascertain compensation in case
of intersection of roads..
to fix price for conveying mails...
appointed for such purpose, by
426
434
passengers may be put out of......
435
Certificate, to issue to persons pay-
ing tax....
428
whom.
Companies, may be formed, by whom,
to make and sign articles of asso-
434.
405
shall be transferable and convert-
ible into stock...
428
of stock issued..
428
ciation.....
become corporations, when..
powers and privileges of, 406, 425
.405,
406
406
not to issue, unless..
428
to
427
Check, to be attached to baggage....
435
duplicate, given to passenger.
435
penalty for refusing to give.......
435
ers
...
Circuit Court, application to for re-
dress....
411
....
may order a new election......
411
subject to what provisions.....406, 407
cannot exercise any banking pow-
406, 407
evidence of incorporation of........ 408
subject to certain regulations con-
cerning election of directors,
an issue to be made up..........411, 412
.409 to 412
1730
INDEX.
412,
Corporations - Railroad.
Companies, to keep transfer books...
cannot use their funds to purchase
stock.....
PAGE. Corporations - Railroad.
411 Companies, liable for damages to
stock, when..
|
PAGE.
437
413
to file map and profile, when and
may increase their capital stock...
liable to laborers, when..
413
where.
437
414
proceedings against, to enforce
such liability.
not liable for injuries to passen-
gers, when....
438
414
corporate existence of, to cease,
may acquire title to property; pro-
ceedings.
when.....
438
414
this act to apply to what....
438
to present petition for the purpose,
certain sections to apply only to
.414, 415
certain....
439
to give notice of the report of com-
missioners..
entitled to take possession of land,
to pay money to court.
Compensation, of commissioners.....
423
418,
419
of inspectors of elections....
409
419
420
for conveying mails.....
434
title defective, may be proved anew,
may enter on adjoining lands for
420, 421
certain purposes..
421
to pay damages therefor...
421
to make a profile of road...
437
to give notice of location:.
422
to refund to applicant amount
paid......
.422,
423
to compensate for injuries.......
to take additional lands for con-
struction
423
Conductor, to wear badge.......
without it, cannot exercise duties,
embezzlement by.....
may put passengers out of cars....
to refund fare, when
guilty of misdemeanor, when, 435,
intoxication of, a misdemeanor....
when deemed guilty of felony.....
Contractors cannot fill any place of
trust or profit......
Contracts, what, of directors void...
Costs awarded on application for re-
429
430
430
435
435
436
436
438
439
439
423
dress
412
to make compensation for same....
423
right of way granted over State
lands...
424
may acquire title thereto.....
424
County Court, may subscribe stock,
privileges of, after subscribing.....
may levy a special tax.......
to issue certificates..
427
427
427
428
...
certain corporations may grant to,
right of way.
424
may require additional security of
collector.
429
....
....
...
may acquire right to property from
persons not capable of selling;
proceedings....
424,
additional powers of..........425 to
may borrow money, issue bonds
and mortgage property......426,
to issue certificates of stock......
exempt from jurisdiction of jus-
tices.
may appoint an agent..
429
425
may apply certain funds in pay-
ment of subscription.......
429
427
may sell or mortgage swamp lands
to pay same…..
429
427
may issue bonds, and at what in-
428
terest.
...
427, 429
to have certain powers and privi-
430
leges..
429
shall make an annual report, 430 to
penalty on, for neglecting to make
434
may levy a special tax to pay in-
terest.
429
report.
434
provide a sinking fund...
429
may keep an interest account..
434
proceeded against, when..
429
shall convey mails...
434
Crossing, manner of, other roads....
423
may furnish an extra train for con-
veying mails......
434
Damages, for taking land, by whom
to run cars regularly.
435
sign-boards to be put up at.........
and how ascertained......
436
417, 418
to furnish sufficient accommoda-
to whom paid.....
419, 420
tions for transportation..
435
new appraisal of.
419, 420
liability of, for neglect or refusal
to do so...
when paid into court..
420
435
for the taking of materials... 421,
422
penalty on, for refusing to give
check...
for injuries in change of road………….
423
435
for taking additional lands....
423
liability of, when bell is not rung
or whistle sounded...
how ascertained...
423
436
to put up sign-boards, where and
how
436
may recover treble damages for
willful injuries to road. ..436,
shall erect fences...
......
437
437
for intersection of roads....
companies to pay, for neglecting
or refusing to transport.......
to be paid when sustained by fail-
ure to ring bell or sound whistle,
given for injuries to stock.........
426
435
436
437
INDEX.
1731
Corporations - Railroad.
PAGE.
Corporations - Railroad.
PAGE.
Damages, for riding, leading or driv-
ing stock on road..
437
Guardian, not personally liable, 413, 414
estate in hands of, liable...
413, 414
Directors, to be trustees.
407
service of notice to be on
416
to endorse affidavit on articles of
special, appointed, when
417
association..
408
....
may open books for additional sub-
scription
408
Inspectors of elections of directors,
to be appointed............... 408,
majority of, competent to act….....
409
409
member of, how chosen, and when,
vacancies in board of, how filled...
inspectors of first election of, by
whom appointed…………….
408
compensation of....
409
408
who cannot act as...
409
to take oath...
409
408,
409
to administer oath....
410
only stockholders to be...
409
vacancy of, filled..
409
cannot act as proxy...
409
Interest may be paid in stock....
434
to supply vacancy of inspector of
Laborers, companies liable to......
414
elections
409
cannot act as inspectors.
409
proceedings by, to enforce same...
Legislature may alter or amend this
414
transfer books produced at election
act
438
of
409
....
may appoint officers and agents...
require payment of capital stock,
may alter or change route of road,
not to be changed in a city or
town, unless.
412
Limitation of proceedings against
companies by laborers....
414
412
423
Location of Road, party aggrieved
by, may have same examined;
proceedings
423
Mails, shall be conveyed.
to file map and survey of altered
route....
price for conveying
423
when guilty of felony.
438
contractor cannot be...
439
what contracts of, void...
439
Election, first, of directors, how con-
ducted
408
annual, of directors, how conduct-
ed......
408 to
412
inspectors of, appointed....... 408,
transfer books produced at........
who permitted to vote....
409
409
409
may be conveyed on extra trains..
Misdemeanor, to place certain cars
in rear of passenger cars.. 435,
to be intoxicated, when..
willful injuries to road declared a,
Non-resident, notice of petition to
acquire property, how served on,
Notice, of day appointed for election,
of application for redress..
requiring payments
payments of capital
stock
416
422
434
434
434
436
436
436
411
411
412
persons voting at, may be chal-
lenged......
410
of meeting to increase capital
stock.
413
who not permitted to vote, unless,
410
to companies of indebtedness to
to vote on proxy, affidavit requir-
ed........
laborers
414
410
how served.
414
votes rejected, when.........
410,
411
failing, another day appointed.....
411
notice of such appointment given,
411
application for redress allowed....
411
circuit court may order a new.....
an agent may vote for county court
or city council..
411
429
of presentation of petition to court,
praying to acquire title to pro-
perty, how served......... 415 to
served on probate court, when.....
on special guardian, when.....
circuit court may direct how, may
be served...
417
417
417
417
to ascertain the sense of tax pay-
of meeting of commissioners....
418
ers..
427
.....
Embezzlement, how punished.....
430
what deemed evidence of…………..
Engineer, guilty of misdemeanor,
430
of report of commissioners... 418,
of application to justice to appoint
householders to ascertain da-
419
mages.
421
when.....
436
of location to be given......
422
of felony, when....
438
to be given of times of starting
Evidence, what shall be of incorpo-
cars
435
ration..
408
430
438
437
Guage of Track, width of....…………….
425
what deemed, of embezzlement....
Executors and Administrators, not
individually liable........... 413, 414
estate in hands of, liable.. 413, 414
Felony, what deemed..
Fences to be erected
to be taken by commissioners......
annual report to be verified by....
Officer, penalty on, not exhibiting
transfer books..
guilty of misdemeanor, when, 435,
Oath, to be taken by inspector.
voters challenged, to take..
409
410
form of.
410
418
430
411
436
1732
INDEX.
Corporations - Railroad.
Officer, guilty of felony, when.......
contractor cannot be.....
Passengers, to be put out of cars....
baggage of, to be checked..……....
438
PAGE. | Corporations-Road Associations. PAGE.
Stockholders, entitled to one vote for
439
each share, when....
408
435
only to be directors.
409
435
who cannot act as proxy for
409
duplicate check to be given to.....
435
company not liable for injuries to,
failing to pay capital stock, for-
feiture
412
when....
438
to sanction increase of capital
Penalty, on officer for not exhibiting
stock........
413
transfer books..
on justice or freeholder, refusing
to discharge duties..
411
...
individually liable…………..
413
not liable to an action until..
413
422
on company for not making report,
when bell not rung, or whistle
sounded.....
434
amount recoverable from..
who not liable as..
413
.....
413,
414
436
ments
how recovered..
437
for riding, driving, &c., stock on
road......
437
entitled to deductions on assess-
interest account may be kept with,
Subscribers, duty of, to articles of
association
428
434
406
for felony.....
438,
439
President, appointed by directors....
412
shall certify to map and profile of
road...
to make special payment at time
of subscribing stock.....
Tax, railroad, levied upon what pro-
408
437
perty..
427
guilty of felony, when.....
438
410
412
419
419
430
.430 to
434
to be verified by oath and filed....
penalty on corporation for neglect-
430
Proxy, who cannot vote as …………….. .409, 410
to take oath, when...
Quo Warranto may be filed.......411,
Real Estate acquired for public use,
Recorded, copy of confirmation to be,
Report, annual, made, when.......
contents of
not to exceed, what per cent......
when levied outside of city limits,
Treasurer, appointed by directors...
embezzlement by.....
to verify, by oath, annual report..
guilty of felony, when
Trustees, not personally liable..413,
estate in hands of, liable.......413,
upon dissolution, directors to be...
powers of......
427
427
412
430
430
438
...
414
414
407
407
ing to make
434
responsibility of, to whom
407
Right of Way granted....
424
Unknown Persons, service of notice.
Road, when to be commenced and
finished.....
on, by publication...
.416,
417
438
Secretary, appointed by directors
412
...
attorneys appointed to act for..... 420
Whistle, to be sounded, when………………………
436
guilty of felony, when.....
438
Stock, subscribers to specify shares
CORPORATIONS-ROAD ASSOCIA-
of, taken.....
406
——
books open for additional subscrip-
TIONS. CHAPTER 38...393 to
Appeals allowed, when........
404
397
tions of.....
408
Articles of Association, contents of,
395
per centum of, to be paid at time
of subscription....
408
copy of, to be filed, when and
where.
395
one vote allowed for each share of,
voting on hypothecated or pledg-
408
companies to be corporations from
time of filing
403
ed, forbid.....
....
409,
410
Books, setting forth certain facts, to
and on transferred, when....
410
be kept.......
403
deemed personal estate; transfer-
Companies, may be formed...
394
able...
412
may be increased, how....
413
may construct roads jointly……………..
shall sign articles of association...
394
395
proceedings of meeting to increase,
to be recorded...
413
highway to be the property of,
when
396
bonds of corporations converted
into
may take releases and convey-
..426, 427
ances of lands.
396
county courts and city councils
may subscribe……………….
427
an agent may subscribe or trans-
fer, for whom....
429
interest may be paid in..
434
to notify justice
Stockholders, powers and privileges
of....
406
by their agents, may enter on
lands to make locations...…………. 396
proceedings, where lands are not
voluntarily relinquished to
may take possession of premises..
to give notice to owner
396
.....
396
397
397
subject to certain provisions..406, 407
bound to pay
to deposit amount of damages,
407
with whom......
397
INDEX.
1733
399
399
..
401
401
402
PAGE. | Corporations
Corporations Road Associations.
Directors, may locate them on State
Corporations-Road Associations.
Companies, may condemn ground for
toll-houses, proceedings.......... 398
may take and hold lands after
judgment...
proceedings where, require mate-
rials
........398, 399
proceeded against if road be out
of repair…...
398
shall not collect tolls, when......
may recover penalties of persons
using fraudulent means to lessen
or avoid payment of tolls...400, 401
skall forfeit privileges granted,
when
may make and publish by-laws....
liabilities of........
or county roads...
may take appeals.
PAGE.
396
397
require payment of stock.......
399
to give notice, requiring payment
of stock..
399
may provide for increase of capi-
tal stock.....
399
may erect toll-gates, where and
.when.......
.399,
400
exact what rates of toll.
.399,
400
shall report completion of road....
Dissolution, suits brought after, how
401
instituted......
402
.....
Embezzlement, and punishment there-
of .....
403
to proceed with county roads, how,
not to build on road or turnpike
without consent...
403
403
...
Executors and Administrators, shall
represent estates of persons de-
ceased .....
395
to keep a record of certain facts..
403
penalty on, for failure..
403
to be coporations, when..
403
shall possess, what powers
403
and be subject, to what liabilities,
.403, 404
rights of, not impaired…………..
Conveyances, of infants, guardians
404
or curators, executors or admi-
nistrators valid, when.....
396
of right of county to be made, how
and when....
may be ordered to take stock.
Gate-keeper, penalty on, for detain-
ing passengers, or demanding or
receiving greater toll than is al-
lowed..
Guardians and Curators, shall re-
present estates of minors........
may be ordered to take stock..
Interest, not allowed on deposits.....
bonds of county court to draw.....
Jury, to assess damages.....
398
401
395
398
397
402
..396,
397
402,
403
Costs, how awarded..
397
County Court, may consent to appro-
priation of highways, when......
to take oath and report.........396,
to assess value of materials....398,
Justice of the Peace, to summon own-
397
399
396
er of land.....
396
to order damages to be paid into
to summon jury, when.....
396
county treasury, when....
398
may change toll-gates, when.....
401
may subscribe stock and issue
duty of, where owner is a minor,
insane person or non-resident... 397
Legislature may alter or amend this
bonds......
402
act...
404
deemed a stockholder, when...
402
Notice, of election of directors, how
may put in county roads as stock;
proceedings...
given..
395
402
to be given owner of land...
396
consent of, to be obtained, when...
books of companies subject to in-
spection of.
403
when owner is a minor, insane per-
son or non-resident.....
397
403
•
to be given, requiring payment of
Damages, for right of way, assessed,
stock
...
399
396,
397
justice to render judgment for.....
may be deposited with county trea-
397
surer.....
397
may be drawn out, how...
397
Penalty, for avoiding or lessening
payment of tolls......
for detaining passengers, or de-
manding or receiving greater toll
than is allowed.
400, 401
401
to be paid into county treasury,
when owner not found.......398, 399
for taking materials for road, as-
sessed..
398,
on persons violating by-laws……..
above, how recovered..
401
401
399
Roads, may be constructed, how and
of what...
391
in case of injury to road...
402
may be constructed jointly....
394
companies liable for, when...
403
Directors, to be elected, how...
395
route and plan to be set out, in
what.......
395
tenure of office of..
395
manner of constructing, deter-
notice of first election of.
395
mined...
395
to determine manner of construct-
to be located by directors…………………………….
396
ing roads......
395
may be located on State or county
to survey and locate roads..
396
roads.......
396
1734
INDEX.
ors...
may vote in person or by proxy...
395
rights and liabilities of, by assign-
ment
399
individual liability of..
402
suits may be brought against,
when...
402
may sue each other for compensa-
tion..
402
....
execution to be levied on the pro-
Costs.
PAGE.
Roads, when so located, to be pro-
perty of company
county, may be put in as stock....
Shares, deemed personal property...
how transferred……………..
396
402
399
399
Stock, when taken by executors, ad-
ministrators, guardians and cu-
rators.
398
directors may require payment of
capital....
399
402
402
402
county courts may subscribe.......
and may issue bonds in payment
of....
may put in county roads as.........
Stockholders, construction of roads
jointly, must be authorized by... 394
may call a meeting to elect direct-
395
PAGE.
441
Costs.
ARTICLE 1.-COSTS IN CIVIL CASES.
Appeal, appellee, when not required
to give security for costs..
from justice or county court,
costs, how adjudged......... 443, 444
not prosecuted, costs, how ad-
judged......
or writ of error from circuit court,
costs, how adjudged……………………..
Attorney, judgment against, for costs,
Clerk, shall issue writ without fees,
when...
444
444
448
441, 442
duty of, in taxing bills of costs.... 446
to pay costs of retaxation, when,
Clerk of Supreme Court, failure of,
to make out record, fees, &c.,
.....
446, 447
447, 448
440, 441
Costs, security for, in what cases re-
quired......
security for, in what cases to be
given after suit commenced...... 441
failing to give, suit may be dis-
missed......
appellee not required to give se-
curity for, when......
when plaintiff may sue as a poor
440, 441
441
perty of..
402
person...
441,
442
deficiency in collection to be made
who shall recover.
442
....
up by certain…………….
402
court may give or refuse, on mo-
county courts deemed, when...
402
tion.....
442
books of companies subject to in-
spection of....
403
court, when, may exercise discre-
tion in giving.....
442
names and stock of, and payments
how awarded in certain cases, 443,
444
by, to be kept......
403
liable for amount of stock only,
in case of several defendants, how
recovered........
442
...
403,
404
Toll, rates of.....
.399,
400
who exempt from paying..
400
who may pass by paying one-half
of usual rates of.....
400
Toll-gates erected...
.399,
400
shall be recovered in actions, not
founded on contract......... 442, 443
when, shall be given against plain-
tiff, unless, &c...
plaintiff to pay, if his suit is dis-
missed
443
444
401
590
594
742
when and how changed……………………..
Treasurer of county to receive amount
of award and give receipt........ 397
CORPORATION, forging seal of.......589,
making false entries in books of....
stock of, how levied on..
moneyed, not allowed benefit of
statute of limitations, when...... 1052
(See, chapters Corporations
Fund Associations; Corporations
- Mining, Mechincal; Damages;
Limitations, and Practice in Civil
Cases.)
Corrosive Sublimate, selling without
label, &c.....
444
on appeal or writ of error from
circuit court, how adjudged..... 444
in suits, on contracts made with
632
the State, how adjudged.....444, 445
no general judgment given against
State or county for........
person to whose use action is
brought, liable for..
445
445
effect of judgment for, in such
642, 643
case
445
in petition for partition, how ad-
judged.........
445
Corruption of Blood, not to be worked
by conviction for crime... 84, 85,
COSTS. —CHAPTER 40........... 439 to 454
when given in the discretion of the
court...
444
in certiorari, successful party to
recover
443
how adjudged on appeals...... 448,
how adjudged in favor of appel-
lant....
when appeal not prosecuted, how
adjudged....
444
443, 444
INDEX.
1735
Costs.
Costs, when tender is made, plaintiff
not to recover...
how adjudged, when tender made
in court, after suit brought......
duty of clerk in taxing bills of....
retaxation of, when made..... 446,
effect of retaxation of......... 446,
when Supreme Court shall retax..
retaxation of, to be paid by clerk,
judgment for, against attorney,
when.....
446
446
447
PAGE.
Costs.
446
PAGE.
attorney.
Clerk, to deliver fee-bills to circuit
penalty on, for failing to deliver
fee-bills.
452
452
of county court, when fee-bills to
be certified to...
453
447
447
447
448
failing to collect fee-bills, penalty,
refusing to pay money collected on
fee-bills, penalty..
to preserve original fee-bills in his
office.
453
453
454
Counts, one of several, bad, costs,
how awarded......
442
Damages, to determine jurisdiction
of court, and costs...
442,
443
shall be tendered, when...
448
Demand, objection that no, has been
made not available, when…………………….
448
Executions, when to issue for costs,
Index, clerks of inferior court to
append, to transcript to Supreme
Court.
448
form of certificate of, to fee-bills,
guilty of misdemeanor, when......
Costs, in capital cases and felonies,
to be paid by State, when.......
to be paid by county, when.....
in cases of acquittal, in capital
cases and felonies, to be paid by
State...
454
454
449
449
449
447
Motions, costs on.
442
...
Poor Person, may sue, when.... 441,
not liable for costs in certain cases,
441, 442
when clerk shall issue writ for,
441, 442
442
counsel may be assigned to, by
court..
Record, clerk of Supreme Court to
441, 442
make out, when..........
447,
448
Retaxation of costs, when made;
effect of........
446,
447
in all other cases of acquittal, by
the county, except, &c......
informer or prosecutor to pay,
when..
to be paid by county, when public
officer prosecutes.
prosecutors in cases of misdemean-
or, liable for, unless, &c.......... 450
if accused discharged, prosecutor
shall pay, unless, &c.....
when not to be taxed against State
or county....
to be paid by State, if prisoner
discharged by examining officer,
450, 451
449
449, 450
450
.....
450
450
duty of Supreme Court in.
447
clerk to pay costs of, when.....
447
jury shall determine in certain
cases who shall pay.
451
Supreme Court to retax costs, when..
447
if jury fail to do so, prosecutor to
Tender, and deposit, when made, de-
pay
451
fendant shall recover costs......
446
slave shall be sold to pay, when,
effect of, without deposit....
446
&c.......
451
made in court after suit brought,
when slave convicted and executed,
when plaintiff shall pay costs...
446
when property is tendered there
shall be a, of damages.
shall be paid by State.
when acquitted or discharged on
451
448
ARTICLE 2.-OF COSTS IN CRIMINAL
charge of felony, paid by the
State........
451
CASES.
Allowance, for ironing prisoners,
court to make, when.......
for fuel, bedding and attendance..
only for services compensated by
law
452
452
in all other cases of discharge or
acquittal, by the county, unless,
&c....
none paid by State, on conviction,
451, 452
except for board, &c.......
449
450
no costs allowed, when.....
452
Auditor, fee-bills to be certified to...
Bill of Costs to be certified to county
court, when..
Certificate to fee-bills, form of........
Circuit Attorney, fee-bills to be de-
livered to..
453
not to be taxed against State or
county for more than three wit-
453, 454
nesses
454
452
Execution for costs, when to be is-
sued....
450
...
452
Fee-bills, clerk to deliver, to circuit
to examine fee-bills and certify
them..
453, 454
guilty of misdemeanor, when….....
Clerk, not to issue subpoena, when..
...
attorney, when.....
duty of judge and circuit attorney
452
....
454
452
costs unnecessarily incurred, to be
taxed against………..
in relation to
to be certified to Auditor, when……….
to clerk of county court, when,
....
453
453
452
453, 454
DD VOL. II.
1736
INDEX.
Fee-bills, original, to be preserved..
copy of, to be certified to Auditor
or county court.....
Fines and Penalties to be paid for
benefit of school fund..
Ironing Prisoners, court shall make
PAGE. | Counties-Contracts.-Seats of Justice. PAGE.
454 Counsel (See, chapter Practice in
Criminal Cases.)
454
452
454
an order of allowance for........ 452
Judge of Circuit Court, to examine
and certify fee-bills......... 453,
guilty of misdemeanor.
Officers, how to proceed in selling
slave for costs....
Counter-claim-(See, chapter Prac-
tice in Civil Cases.)
Counterfeiting..
Counterfeit Plates, making or pos-
sessing.....
590 to
593
591, 592
502, 503
Counties, actions by and against, re-
gulated......
(See, chapters Practice in Civil
Cases; Schools.)
454
451
Slave, shall be sold to pay costs,
when
COUNTIES
451
TER 43...
451
when reprieved, shall be sold, &c.,
when convicted of capital offence,
and executed, costs paid by
State........
duty of officer selling.
proceeds of sale of, how applied..
when acquitted or discharged on
charge of felony, costs paid by
State.......
451
451
451
451
in all other cases of acquittal or
discharge, by the county... 451, 452
Subpoenas in criminal cases, how
and by whom issued......
not to be issued, unless, &c........
Witnesses, recognized or subpoenaed,
to attend till discharged..
cost for not more than three, to be
taxed against State or county...
197
COSTS, in cases of apprentices.....190, 191
of arbitrations and references.....
of proceedings against clerks......
in cases of dower..
of escheat.
of fugitives from justice...... 815, 816
CONTRACTS. CHAP-
Actions, where and how commenced
and prosecuted……………....
....
501 to 503
502, 503
Agent, contracts of, to bind county.. 502
Commissioner, shall be appointed, 502
deed of, when sufficient to convey
real estate...
Contracts with counties, when binding,
Counties, conveyances to, effect of...
County Buildings not subject to ex-
ecution.
County Court, to appoint commis-
502
502
502
503
sioner to convey real estate...... 502
may appoint agent for erecting
county buildings...
452
452
502
452
Conveyances, effect of, to counties...
effect of, by commissioner......
Jurors may be inhabitants of county
502
502
454
suing or being sued………..
503
Process against county, how served,
Witnesses may be inhabitants of
county suing or being sued...... 503
503
339
678,
719,
of contested elections.
707
679 COUNTIES-REMOVAL OF SEATS
720
OF JUSTICE. CHAPTER 45...
513 to
Attached Territory, citizen residing
519
of habeas corpus.
835
...
of coroner's inquest....
862
...
of inquiry of lunacy.
864,
865
of entering satisfaction of judg-
ment...
906
in cases of breach of peace…………….
979
in, not to vote, when........
Circuit Attorney, to examine deed of
relinquishment, records, &c...... 517
shall certify as to sufficiency of
deed of relinquishment.....
certificate of, presented to county
517
514
of ad quod damnum....
1083
court, when..
517
of perpetuating testimony.
1150
Circuit Court, duty of judge of, on
of quo warranto...
1309
approval of title...
515
on application for county roads... 1372
in cases against delinquent hands
on roads..
decision of, when, certified to coun-
ty court..
515
1380
Commissioner, how appointed, when
(See, chapters Administration; At-
tachment; Boats and Vessels;
Corporations-Railroad; Cor-
porations-Road Associations;
Damages; Inquests; Jails and
Jailers; Justices' Courts; Par-
tition; Perpetuating Testimony;
Practice in Civil Cases; Prac-
tice in Criminal Cases, and Re-
venue.)
Cc-trespassers bound for contribution, 649
vacancies in office of, how filled...
compensation of………………..
County Court, what number of in-
habitants to petition, for removal
of county seat......
seat of justice removed; his pow-
ers and duties, &c.....
Commissioners, county court to ap-
point, to select a site..
514
515
qualifications, powers and duties,
... 514,
515
516
516
•
514
INDEX.
1737
Counties - Their Organization.
County Court, shall grant certificate
of credit in purchase of lots,
how and when..
PAGE.
517
when shall appoint persons to value
lots, &c.....
518
Election, judge shall order, when....
515
sheriff to give notice of....
515
how to be held..
515
county court to cast up votes......
516
clerk of, duty of.......
516
Guardian may act in behalf of minor,
Land to be paid for out of proceeds
of first sales......
517
516
Counties - Their Organization.
Commissioners, powers and duties,
PAGE.
.504, 505
506
510
vacancy in office of, how filled…......
compensation of........
Commissioner, of seat of justice, how
appointed; powers and duties,
.....506 to 509
liable for disobedience of order of
county court.
509
or executors, &c., compelled to
settle with county court, when, 509
County Court, powers of, over com-
missioner...
509
Owner of Lot, when a minor, guar-
dian may relinquish in his be-
half..
may remove commissioner from
office
509
517
may fill vacancies....
509
may remove buildings, when.
Public Buildings, courts to be held
in
518
...
517
Relinquishment of lots, when made,
Removal of County Seat, in case of,
proceedings..
517
519
Seats of Justice, how removed.
514
when removed, owner of lots, &c.,
may reconvey, &c....
to determine when and where
courts shall be held, when.......
to appoint justices of the peace...
Courts, to be held at seat of justice,
suits and prosecutions not affected
by new county, or changing
county boundaries............510,
Deed, how executed.....
510
512
510
511
505
517
shall not be removed after it has
Donor or Vendor to make an ab-
stract of title, &c......
505
been fixed two years, unless,
&c....
Executors, &c., falling in new coun-
518
ties, where to settle..
511
lots and improvements of, how
valued....
518
accounts of, may be transferred to
new counties, when......
511
what proceedings had in case of
Governor to appoint justices of the
removal of..
519
county court..
512
Title approved, proceedings..
515
Justices of the Peace, may proceed
when not approved, what pro-
ceedings.......
516
as if county lines had not been
altered......
512
circuit attorney to examine.......
517
Town Lots, proceeds of sales of, how
appropriated..
516
how long, may continue in office in
new counties..
books and papers to be delivered
512, 513
when sold, &c......
518
over, when and to whom.
512
shall become property of county..
may be relinquished by deed....
buildings may be removed from,
when...
COUNTIES-THEIR ORGANIZA-
TION. CHAPTER 44......503 to 513
Accounts to be kept by commission-
511
er of seat of justice..........508, 509
Administrators and Curators, falling
in new counties, where to settle,
accounts of, may be transferred to
new county....
518
517
to appoint constables, when.....
Lots for Public Buildings, when re-
served from sale...
512
507
518
Lots, what portion of, shall be sold,
and how..
507
when credit given on sale of, how
purchase-money secured.
507
shall be forfeited, when.....
508
511
resold at public auction, when………….
notice of sale of, to be given...
forfeited, may be redeemed, when,
money arising from sale of, how
appropriated....
508
508
508
509
Bond, copy of, to be evidence...506,
and security, when given on pur-
chase of lots....
507
New County, when established, pro-
ceedings......
504
507
Circuit Court, duty of, in approving
title
505
Clerk, circuit court of new county,
shall appoint.
512
512
county court to appoint...
Commissioners, for selecting seat of
justice shall be appointed, how, 504
certificate of appointment, of, 504
suits, &c., commenced shall be de-
termined in old county ......510, 511
Payments, how and when to be cre-
dited....
proceedings in default of, for lots,
when commissioner shall enforce,
&c......
Purchase-money, to be paid out of
first sales......
...........507,
508
508
508
506
1738
INDEX.
County Boundaries. County Buildings. PAGE.
Seat of Justice, when it shall be per-
PAGE.
Superintendent, shall take bond from
manent..
505
undertaker
500
Secretary of State, duty of.......
504
to direct work and make report,
Suits, who shall prosecute..
508
&c.....
500
Towns shall be laid off, when……..
507
compensation of...
501
COUNTY ATTORNEYS, when, and when
not, appointed.....
Taxes, inhabitants of territory at-
tached to county not to pay,
277
when.......
499
qualification, term of office, oath,
powers and duties; certificate to
be given....
Vacancy in office of superintendent,
when filled
499
277
Waste, &c., four-fold damages for, to
be recovered, when..
501
COUNTY BOUNDARIES.
41.....
CHAPTER
454 to
committing, a misdemeanor........
501
498
North of the Missouri River...455 to
South of the Missouri River...470 to
Boundaries, by water-courses, how
470
498
COUNTY BUILDINGS, burning, &c.……………..
(See, chapter Crimes and Pun-
ishments.)
571
construed...
497
County Court, to consist of three jus-
of range, township and sectional
lines, how construed......
when not correctly ascertained,
duty of county court......
tices....
533
497
justices to be elected, term of of-
fice.......
.533,
534
497
....
order for ascertaining, notice of, to
election to be certified to court....
tie in, how determined.....
534
534
be given to adjoining county,
what
vacancy, how filled.......
534
498
duty of surveyors in executing
justices of, elected, to be commis-
sioned
534
such order.....
498
Returns of surveyors approved, and
recorded, evidence....
compensation of surveyors, how
paid......
498
498
if one surveyor only attend, his
duty..
their compensation, how paid, 757,
fees for taking acknowledgments,
jurisdiction and powers of......534,
quorum, majority shall be.....535,
president of, to be chosen..
to procure and keep seal..
758
758
535
536
536
536
....
D
498
COUNTY BUILDINGS..
CHAPTER 42
498 to 501
Territories to continue attached...... 497
shall be courts of record....
justice, if interested, not to sit....
majority interested, &c., proceed-
clerk to use private seal, when....
attestation in such case...
536
536
536
539
Bond, undertaker shall give........... 500
Circuit Court shall examine as to
title, and certify..
ings...
539
•
500
justice not to have partner practic-
ing law........
541
County Court, when to order build-
not to borrow school or county mo-
ings...
499
ney, nor become security for;
shall designate the place of build-
penalty
541
ing.
499
expenditures of, how paid......
543
duty of, when the title approved..
500
terms of, when to be holden....
551
when plan approved by, what pro-
ceedings
notice of special terms to be given,
500
how
551
power to alter, repair, &c., public
buildings..
501
....
Court house, shall be erected in each
county....
499
defacing, a misdemeanor..
501
Fire-proof Buildings, when and where
to be erected…...
499
Jail shall be erected in each county..
Payment, county court to make or-
der of...
499
500
to appoint public administrator..
may appoint county attorney.
duty in issuing auction licenses...
to license billiard tables..
duty respecting bridges......324 to
to settle accounts for taking census,
to decide tie on election of con-
stables.......
.......345, 346
to examine every year coroner's
bond.......
176
277
281
290
328
333
368
not to be made, unless, &c.......
Superintendent, to be appointed,
500
conveyances made by order of…………..
contracts by and with, for county,
502
when.....
499
....
502, 503
to select ground for public build-
ings.....
to submit plan of public buildings, 500
...
.499,
500
buildings to be erected by.
county seats, removal of, duty in,
499
513 to
519
....
INDEX.
1739
County Court, county lines, duty of,
in ascertaining...
county treasury, duty of, in rela-
tion to.....
..519 to 530
powers in relation to accounts, &c.,
duty in relation to sixteenth sec-
tions, and three per cent. fund,
525, 526
526,
527
to fix rates of ferriage....
783
to appoint guardians and curators,
duty in reference to insane per-
sons and idiots.
822
864
to decide tie, and contested elec-
tion, of justice of the peace.....
921
to certify election of J. P....
921
to bind out free negroes and mu-
lattoes....
1094
to grant licenses to free negroes
and mulattoes...
1095
to appoint patrols....
1126
to settle with collectors for ped-
ler's licenses...
commissioners
1128
fees of.......
1155
to settle accounts of recorders..... 1313
to appoint assessor, when..... 1328
to provide for poor of the county, 1154
to establish poor-house......
may issue fee-bills.
PAGE.
497, 498
County Treasuries.
(See, chapters Asylum - Blind;
Asylum-Deaf and Dumb; Asy-
lum-State Lunatic; Bridges;
Corporations Railroad; Cor-
porations-Road Associations;
Elections; Inquests; Justices'
Courts; Lands - Swamp and
Overflowed; Practice in Civil
Cases; Revenue; Roads and
Highways, and Schools.)
County Court Patients-(See, chap-
ter Asylum-State Lunatic.)
County Roads (See, chapter Roads
and Highways.)
County School Moneys- (See, chap-
ter Schools.)
County Seats, removal of, in what
cases.....
County Surveyor, to ascertain and
fix county lines...
PAGE.
......513 to
513 to 519
.497, 498
...675,
676
773
779
duty of, in assignment of dower by
1151
1339
to withhold pay of assessor, when, 1332
to hear appeals from assessment.. 1335
may remove assessors....
1329
to notify Governor of failure of
sheriff to give bond as collector, 1339
to examine bond of sheriff, annu-
ally..........
duty of, in relation to the reësta-
blishment of decayed corners of
land
County Tax-(See, chapter Reve-
nue.)
....
County Treasurer, election; qualifi-
cations and duties of.........519,
who shall not be.........
523
529
not to pay warrants, when.
527
...
his compensation....
523
to cause collectors to settle..
may levy county tax...........1349, 1350
to correct and certify delinquent
1344
making false entries in books of...
(See, chapter Schools.)
593
lists...
1352
COUNTY TREASURIES.
CHAPTER
46.......
...519 to
530
fund
Accounts, annual settlements, to be
....
made by treasurer...
522
balance of, to be a lien on real es-
tate....
..524,
525
duty in relation to three per cent.
....
of road and canal fund..
....
1364 to 1366
1364, 1365
1366
to report condition of fund.
power of, over roads........1367 to 1394
to pay commissioners of State road, 1391
to pay expenses of survey of State
road
1391
to cause State road to be laid out, 1392
to order sale of school lands....... 1405
to forward to Register of Lands
abstract of school lands sold,
.1406, 1407
to order lease of school lands...... 1408
to notify tenant to quit, when...... 1409
may annul sale of school lands,
........1409, 1410
to select land in lieu of sixteenth
section.........
duty of clerk in keeping... …………. 525
Appeals allowed to circuit court,
when.....
Books, &c., of treasurer, subject to
inspection...
528
522, 523
Bond, treasurer shall give; its condi-
tions.....
.........520, 521
Clerk of County Court, power and
duties of..................523, 524, 525
compensation......
528
Clerks of Courts shall certify to
county court amount of fines;
penalty for failure.......
Collector, treasurer to receive scrip
and warrants from.....
529
1410
•
to direct purchase of school lands
for township
521
1412
to examine bond of county sur-
veyor...
to make out list under oath...521,
Collector, Constables, &c., duties of,
522
1513
may appropriate, annually, for
benefit of agricultural societies, 183
to pay over moneys....523, 524, 529
Courts of Record shall settle with
sheriff, when.…………….
529
•
1740
INDEX.
may adjust accounts of certain
officers...
may refuse to allow commissions,
may enter up judgment for amount
due by delinquent, and cause
execution, &c.....
PAGE.
County Treasuries.
ducted
County Treasuries.
Courts of Record, shall certify as to
sums chargeable to sheriff, when, 529
shall require clerk of, to make out
list, &c......
County Court, shall fill vacancy of
office of treasurer......
bond of treasurer approved by,520,
shall inspect books, &c., of trea-
surer....
529
520
521
522
shall ascertain amount of balance
in treasurer's hands, when, &c.,
....522, 523
when collectors, &c., shall settle
with.....
523
Elections for treasurer, how con-
Endorsement, blank, transfers no
right.......
Evidence, accounts, vouchers, &c.,
certified copies of, by clerk, may
be received in, when, &c...…………….
Interest, none to be paid on warrants,
when..
Justice of the Peace to report fines,
&c., how and when....
Lien, balance due on account of de-
linquent officers shall be a,
upon real estate...............524,
abstract of settlements to be a....
Scire facias may issue to revive lien,
Settlement, treasurer to make, when,
abstract of, to be made, when.....
to be recorded, where..
PAGE.
520
528
525
522
529
525
524
524
524
524,
525
522
524
524
524
may reëxamine accounts, when....
524
may remit penalties, when.....
524
to be a lien on real estate...
lien of, may be enforced and reviv-
524
...
shall audit, adjust, and settle ac-
counts
524
to order payment from treasury,
when
ed as a judgment.............524, 525
Treasurer, elected, term of office....
shall reside, where...
520
521
525
to order suit to be brought on bond
of delinquent.
may require circuit attorney to
...525, 526
nesses.
prosecute.
.525, 526
may issue all necessary process in
suit.
....525, 526
may compel attendance of wit-
......525, 526
may enforce delivery of books,
&c., by attachment...........525, 526
may commit to jail, person refus-
ing to answer...
duties of, in relation to 16th sec-
tions, moneys, interest and three
per cent. fund.....
penalty for neglecting to pay war-
rants; how recovered..
guilty of misdemeanor, when…………….
shall pay warrant, to whom………..
to certify on back of warrant, when,
warrants drawn upon, assignable,
523
523
527
527
how..
528
penalty on, for paying warrants
contrary to law.
528
who shall not be eligible to office
of......
•
529,
530
compensation of.....
523
..525,
526
present, to vacate office, when.....
not eligible, when.....
520
520
526
in case of a tie, county court to
select....
520
shall make statement of debt due
vacancy, filled by such court...
520
by county...
...526, 527
shall make detailed statement of
receipts and expenditure, &c.
to give bond, when......
.520,
521
to take oath..
521
526, 527
to keep entries of warrants pre-
sented for payment......
521
shall strike a balance, &c......526,
shall ascertain what balance in
treasury.
526, 527
527
to make actual count of funds,
when......
522, 523
shall not refuse payment, when...
to set aside money, how.....
to receive scrip and warrants of
collector..
521
521
521
to file and preserve list of collector,
Delinquent, refusing to settle, court
may adjust accounts of.......
court may refuse to allow commis-
sions...
521, 522
524
....
to register date of presentation of
warrants
522
524
to keep account of moneys receiv-
clerk may charge ten per cent.,
ed, &c...
522
when..
524
to file and register warrants..
522
judgment of thirty per cent. en-
tered against, when.
to make duplicate receipts......
522
524
to keep books, money, &c., subject
penalties on, may be remitted,
to inspection......
522
when......
524
shall provide books, &c., for his
balance due on settlement to be a
office..
522
lien on real estate of............... 524
expenses of, how paid.
522
INDEX.
1741
Court-Common Pleas, of St. Louis.
Treasurer, shall furnish accounts of
receipts, &c., when.....
....
shall settle his accounts, when.....
to deliver money to successor..
removed from office, when........
liable to party in double damages,
when....
PAGE.
Court-Criminal.
PAGE.
Court of Common Pleas, suits
522
brought in, when to be tried..... 1595
522
Election, of judge, when......
1588
522
clerk of county court to certify
523
election to Governor..
1588
523
of clerk, provided for.........1588, 1589
Fees of judge to be taxed by clerk,
Warrants, form of, to draw money...
shall be drawn, signed and tested,
how written or printed...
527
how.
1588
527
527
Judge of Court of Common Pleas,
qualifications of...
1588
to be paid to whom...
...527,
528
shall be assignable; form of..... 528
no blank endorsement on, shall
transfer right.....
528
shall be registered by treasurer...
how paid
521
powers of.....
.521,
527
duties of......
payment of, not to be refused,
when..
521
of collector, to be received.....
521
no interest to be paid on, when....
to be filed and registered....
receivable for taxes, &c...
522
522
530
when to be elected; tenure of office, 1588
may be removed, for what causes, 1588
commissioned, by whom..
compensation of...
Jurisdiction, of Court of Common
Pleas, defined.......
appellate,. of circuit court.
Practice, &c., of circuit court to
govern court of common pleas... 1587
of Supreme Court to govern cir-
cuit court, when..
1588
1588
1588
•
1588, 1589
1587
1587
1588
COUNTY TREASURY, appropriation from,
Salary of judge, how paid...
1588
for support of insane person,
when..
869
duty of clerk of court, in refer-
ence to....
1588
Court-house, to be erected in each
county
499
....
penalty for injuries to.
501
571
burning or destroying.
COURT COMMON PLEAS, OF ST.
LOUIS COUNTY.........1587 to 1589
Appeal, allowed to circuit court...... 1587
allowed to Supreme Court....1587, 1588
to circuit court not to operate as
a supersedeas.....
causes removed to circuit court by,
practice of Supreme Court to
govern
...
Circuit Court, practice, process, &c.,
prescribed for, to govern court
of common pleas......
to have superintending control
1587
1588
1587
over court of common pleas...... 1587
to have appellate jurisdiction over, 1587
writs of error may issue from...... 1587
appeals allowed to....
Supreme Court, writs of error and
appeals may be prosecuted to,
1587, 1588
to be governed by same practice
as in cases taken from circuit
court...
Terms of court, when held.
1588
.... 1589
COURT-CRIMINAL............1589 to 1592
Appeals, may be taken to circuit
court..
may be taken directly to Supreme
Court........
Bail, defendant not to be let to, on
appeals or writ of error to cir-
cuit court....
1589
1590
1590
....1589, 1590
judge of criminal court may ad-
mit to, in what cases......
Circuit Court of St. Louis County,
to be governed by laws prescrib-
ed for Supreme Court in cases
of appeal or writ of error, 1589, 1590
to have jurisdiction in change of
venue, in what cases ...
to exercise superintending control
over criminal court, in what
1590
1587
to be governed in such case by prac-
tice in Supreme Court.
1587
Clerk, duties of.........
.1588, 1589
qualifications of..
.1588, 1589
election of, provided for
...
.1588, 1589
manner
....
1589
Compensation(See, Salary.)
in St. Louis county...
Court of Common Pleas, established
writs of error and appeals may be
prosecuted to.....
1589
1587
declared a court of record..
1587
Clerk of County Court to transmit
certificate of election to Govern-
circuit court to have superintend-
ing control over………..
or
.... 1590
1587
Criminal Court established in the
judge of, to be conservator of the
peace.......
1588
county of St. Louis.........
declared a court of record....
1589
1589
general powers of judge.
1588
to have original and appellate ju-
terms of, when held.
1589
risdiction in criminal cases.....
1589
1742
INDEX.
ed…..
1591
Election, of judge, how and when
held...
1590
certificate of, to be transmitted to
Governor....
1590
contested, how determined.....
1590
Error, writ of, cases may be prose-
cuted by, to St. Louis Circuit
court.....
Court-Criminal.
Criminal Court, shall try cases re-
moved by change of venue to St.
Louis county
PAGE.
1589
1589
1589
subject to superintending control
of circuit court, when......
causes tried in, may be taken by
appeal or writ of error to cir-
cuit court....
terms of court, when held........... 1590
causes appealed from, to circuit
court, what practice to govern.. 1590
Death, punishment of, how inflict-
PAGE.
Court-Land.
Venue, change of, when not allowed, 1591
when allowed………………………………..……………...1591, 1592
on petition for change of, a party
may be examined..... ...1591, 1592
affidavit to be made to petition for
change of.......
COURT-LAND.
LAND.......
.1591, 1592
1592 to 1596
Abstract of judgments to be furnish-
ed by clerks of courts to clerk
of land court....
Acknowledgment of deeds may be
taken by judge.........
Administrator may apply to court
1594
1593
for order of sale of partition..... 1593
Affidavit, to be made by person ap-
pointed in lieu of sheriff to sell
land for partition............1594, 1595
to be made to report of sale........ 1595
Appeals, may be taken to Supreme
1589
Court
may be prosecuted directly to Su-
preme Court....
1590
Judge of Criminal Court, qualifica-
1593
may be taken to circuit court...... 1593
in last case, not to operate as su-
persedeas
1593
tions of.........
1590
Book of Judgments to be kept by
how and when elected....
1590
clerk
1594
tenure of office.....
1590
may be removed from office, for
what causes..
Circuit Court, cases may be removed
to, from land court..
1593
1590
to have a superintending control
powers and duties of....
1590
over land court...
1593
Jurisdiction, of criminal court de-
writs of error and appeals may be
fined....
1589
prosecuted to.......
1593
1590
1591
1591
of circuit court over criminal
court, how exercised……………..... 1589
of circuit court in cases of change
of venue, whep……………..
Jury, special, to be summoned, when, 1591
Marshal, duties of.......
to give notice, when......
guilty of misdemeanor, when....... 1591
Minors not permitted to witness the
execution of sentence of death, 1591
Notice, to be given by sheriff.
1591
of change of venue...... .1591, 1592
Petition, for change of venue, when, 1591
to whom presented......... .1591, 1592
to set forth, what facts........1591, 1592
to be verified by affidavit......1591, 1592
Sentence of death, how executed.... 1591
Sheriff, duties of......
1591
to give notice, when...
guilty of misdemeanor, when...... 1591
Terms of Court, six to be held each
1590
year
Venire, special, when ordered......... 1591
Venue, criminal cases removed to St.
Clerk of Land Court, powers of...... 1593
qualifications of....
1593
1593
1594
how and when elected..
vacancy in office of, how supplied, 1593
to keep a judgment book...
in case of vacancy in office of
judge, to notify Governor, 1595, 1596
to publish list of cases in English
and German newspapers.......... 1594
shall procure and keep a seal of
office...
1591
1594
to make out trial docket for suc-
ceeding term, when…....
1594
fees of, in case of mechanics' liens, 1594
in case of entering abstract of
judgment.....
1594
to transmit certificate of election
to Governor...
1596
vacancy in office of, how filled..... 1593
Compensation, of judge.…………………….
1593
of clerk.....
1594
of person appointed to make par-
tition sale....
1594
Louis county by change of, to be
tried before criminal court....... 1589
in what cases of change of, causes
to be removed to circuit court... 1590
special terms of court to be held
to dispose of cases in case of
change of.......... ........1590, 1591
in such case not to operate as a
supersedeas
1593
shall be governed by practice in
Supreme Court in such appeals
or writs of error...
1593
Clerks of Courts, duty of.........
1594
to furnish abstract of judgments
to clerk of land court...
1594
INDEX.
1743
Court-Land.
Deed, for land sold on partition, form
of
effect of...
PAGE.
1595
1595
Docket to be published by clerk...... 1594
Ejectment, jurisdiction of court in
cases of.
1592
Election, of judge, how and when to
be held......
.........1594, 1595
special, when ordered by Governor,
1595, 1596
to be fixed on what day......1595, 1596
certificate of, to be transmitted to
Governor
·
1596
Error, writs of, may be prosecuted
to Supreme Court....
1593
may be prosecuted to circuit court, 1593
in last case not to be a superse-
....
deas
Execution not stayed by writ of
1593
error or appeal to circuit court, 1593
Judgments, rendered by courts of
Court-Law Commissioner's.
Land Court, cases may be removed
from, into circuit court.
PAGE.
1593
terms of, when to be held...
practice, process, &c., to be same
as circuit court
1593
....
1593
1593
circuit court to have a superin-
tending control over
cases may be taken by writ of
error or appeal to circuit court, 1593
in such case not to operate as a
supersedeas
...
suits instituted in, when to be
tried...........
1593
1595
general powers of the judge of.... 1593
Mechanics' Liens to be filed in land
court.
...
1594
Partition, in sales for, court may ap-
point another person in lieu of
sheriff to make sale.........1594, 1595
deed to land sold on, form of...... 1595
Real Estate, all actions pertaining
to, land court to have jurisdic-
tion......
Report, of sale of land for partition
to be made.....
to be verified by affidavit.....……….
Salary of judge
1592
....
1595
1595
1593
Sale, in partition may be made, by
whom....
1594, 1595
Fees, of clerk……...
1594
of person appointed to sell land
for partition...
1595
Judge, qualifications of...
1593
when and how elected
1593
tenure of office
1593
compensation of..
1593
St. Louis county not to be a lien
on real estate, unless
1594
....
book of, to be kept by clerk of
land court......
1594
what to contain.....
1594
1595
Sheriff, to conduct sales in partition,
when....
1594
1594
1595
1595
such person to file affidavit in suit, 1594
to be made by sheriff, when, 1594, 1595
compensation of person making... 1595
report of, to be made........
abstract of, to be furnished by
clerks of courts to clerk of
land court..
Jurisdiction, of land court, defined, 1592
in case of lessor and lessee......... 1592
conferred on land court, not to
take away jurisdiction of justi-
tices of the peace, law commis-
sioner's, or probate, court....... 1592
Lien, judgments of courts in St.
Louis county not to be, unless.. 1594
of mechanics, to be filed in land
court..
1594
Lessors, rights and obligations of,
may be determined in land
court....
1592
Land Court, established in St. Louis
county
declared a court of record.
jurisdiction of, defined.....
deed by, form of…………….
Suits, instituted in land court, when
to be tried....
list of, to be published by clerk... 1594
Terms, of land court, when and
how often held...
to stand continued, in what case,
and for how long.
1595
1596
.1595, 1596
Vacancy, in office of judge, clerk
to notify Governor.
Governor to order election...1595, 1596
in case of election to supply, term
to stand continued, in what case
and how long....
1596
in office of clerk, how filled......... 1593
1592
1592 COURT - LAW COMMISSIONER'S
1592
to have superintending control over
law commissioner's court and
justices of the peace, in what
....1592, 1593
may make rules for its govern-
cases
.1596 to 1599
Appeals, from justices of the peace
regulated
1597
in what manner determined……………. 1597
allowed direct to Supreme Court.. 1598
Clerk, may be appointed by commis-
ment
1593
sioner....
1599
subject to superintending control
of Supreme Court.....
appeals and writs of error may be
prosecuted to Supreme Court... 1593
DD 2-VOL. II.
1593
...
powers and duties of....
County Court to furnish court-room, 1598
Court, Law Commissioner's, esta-
blished....
1599
1596
1744
INDEX.
1597
to have superintending control
over justices of the peace……………….. 1597
declared a court of record...
circuit court to have a superin-
1596
tending control over.............
1597
appeals and writs of error allowed
to Supreme Court.....
1598
power to make rules..
1598
terms of court, when held.
1598
Court-Probate, of St. Louis County. PAGE.
Court, Law Commissioner's, juris-
diction of, defined..
1596, 1597
to have exclusive jurisdiction in
appeals from justices of the
peace, except........
Courts-Supreme.—Judicial Circuits. PAGE.
Judge of Probate, qualifications of.. 1600
how and when elected...
tenure of office......
to take oath of office...
general powers of......
penalties against.......
shall keep office, where…..
may issue process.....
...
1600
1599, 1600
1600
1600, 1601
1601
1601
1601
1600
Jurisdiction of Probate Court, 1600, 1601
Letters of administration may be
granted by judge in vacation... 1601
Notice of change of terms of court, 1601
Vacancy in office of judge, how sup-
may appoint clerk.....
process, pleadings, &c., to be the
plied.....
.1599, 1600
same as circuit court.
1598
Error, writ of, allowed direct to
COURT, SUPREME.
CHAPTER 49.
Supreme Court......
1598
.552 to 554
Fees, of marshal......
1598
Cases, where heard....
553
of justices and others, to be en-
tered in fee-book...
1598
Clerk of Court, at St. Louis, to be
appointed....
553
of law commissioner
1599
....
court..
1596, 1597
Jurisdiction of law commissioner's
Jury to consist of six persons........ 1597
Law Commissioner, qualifications of, 1598
how elected, and when......
Clerks allowed necessary fuel......
Marshals, how and by whom ap-
pointed, and tenure of office....
vacancies, how filled........
duties, powers and compensation,
Sessions, when held at St. Louis......
when at Seat of Government..
JUDICIAL CIRCUITS.
TERMS.-CHAPTER 48...544 to 552
powers, duties and fees of...
style of office of......
553
553
554
553
553
553
553
553
1598
tenure of office.......
1598
to take oath...
1598
vacancies in office, how filled ………….. 1598
general powers of...
.1597, 1598
shall cause fee-book to be kept.... 1598
fees of
1599
COURTS
vacancies in office of, how filled... 1598
Marshal, to serve writs....
1598
Circuit Court, two terms of, to be
held in each year
546
fees of....
1598
Writs to be directed to, and served
by, marshal..
may hold special terms, when......
County Court, four terms to be held
546
1598
in each year………….
551
COURT-PROBATE, OF ST. LOUIS
may hold adjourned terms........
may order special terms....
551
551
COUNTY.
...1599 to 1601
Bond, limitation of amount of, given
may alter the times for holding
stated terms
551
by administrators
1601
Court of Common Pleas, for the city
Clerk, may be appointed....
1601
duties of, in case of death or re-
of Hannibal, part of the six-
teenth judicial circuit.......
546
signation of judge
1601
....
no separate judge for.......
546
powers and duties of...
1601
Election of judge of sixteenth judi-
compensation of………….
1601
cial circuit.......
552
Court of Probate, established in St.
Judge of Sixteenth Judicial Circuit,
Louis county
1599
term of office of....
552
where to be held...
1599
judge of, how and when elected,
.....
1599, 1600
Judicial Circuits, the State divided
into sixteen
.545 to
Notice of special term of county
546
tenure of office of judge of......... 1599
what laws applicable to
1600
shall procure and keep a seal of of-
fice.
1600
jurisdiction of court defined, 1600, 1601
terms of, when held
court, how and to whom given.. 551
Sales, how and when made under
this act........
Special Terms of circuit court may
be held......
552
546
1601
may be ordered by president or
may be changed......
1600
Election of judge, how and when
any two justices of the county
court..
551
....
held.....
1600
how and to whom certified.......... 1599
Times of holding Circuit Courts, first
judicial circuit.………………………..
546
INDEX.
1745
Courts Judicial Power.
Times of holding Circuit Courts, se-
cond, third, fourth and fifth ju-
dicial circuits.....
/
PAGE.
Courts Judicial Power.
Circuit Court, judge of, shall not sit
when interested
547
cause in, when removed
.547,
548
548
sixth judicial circuit.
seventh and eighth judicial cir-
cuits....
ninth judicial circuit.... .548, 549
tenth, eleventh and twelfth judi- .
cial circuits..
•
549
550
.....
..550,
551
551
thirteenth judicial circuit..... 549, 550
fourteenth judicial circuit.
fifteenth judicial circuit.
sixteenth judicial circuit...
Times of holding County Courts......
Writs, when returnable............551, 552
COURTS-(See, Constitution of Mis-
souri, and chapters Attach-
ments; Decisions of Supreme
Court; Habeas Corpus; Reve-
nue; Sheriff and Marshal, and
Venue.)
COURTS, JUDICIAL POWER. CHAP-
551
special term of, when to be held...
notice of special term, when and
how given...
PAGE.
539
539
540
540
540
543
jurisdiction, at special term.....
special terms of, not to interfere
with any other court, when.…………. 541
accounts accruing in, how paid
Clerks of County Courts, to certify
to Governor names of county
justices who are elected, &c..... 534
duty of, after adjournment of
court
shall preserve roll of judgments...
bills of exception to be attached
to rolls....
execution shall be attached to roll,
Clerks of Courts of Record, duty of,
after adjournment of court...
shall attach together pleadings and
536
537
537
537
536
papers, &c..
536
shall make memorandum on mar-
TER 47.....
..530 to
544
gin of papers, &c. .....
537
Abatement, not operated, when.......
Abreviations, common in English
541
shall preserve roll of judgments...
bills of exception to be attached
537
language, may be used..
538
Accounts, of officer, courts to audit
and adjust......
543
of expenditures in Supreme Court,
how paid.........
543
....
of expenditures in circuit and
county courts, how paid.......... 543
Arabic Figures and Roman Nume-
rals, numbers may be expressed
by
Attachment, courts may enforce by,
&c....
execution shall be attached to roll,
shall not practice law, &c., nor
have partner in practice of law,
nor shall deputy..
....
Commission, shall be issued by the
certificate of having taken oath,
to roll, &c
537
&c., by
537
541
541
Governor
.532, 534
532
538
endorsed upon....
Contempts, of
court, definition,
when
538
punishment, &c.; proceedings,
return of writ or process, enforced
by...
papers, when not delivered, to is-
542, 543
.538, 539
what courts have power to punish
for.
542
sue.
..538, 539
Auditor to draw warrants for ac-
counts of clerks.....
543
Bills of exception, may be omitted
in transcripts, when
537
when allowed and signed, to be at-
tached to roll of judgments, &c., 537
Circuit Court, power and jurisdiction
County Court, how composed
style of members of, how elected;
term of office
elections, how certified; tie, how
decided; vacancies, how filled..
justices, by whom commissioned...
jurisdiction and power.......
533
....
.533, 534
534
534
534,
535
power of, to award process
535
of ...
533
shall have control of county pro-
in criminal cases..
533
...
perty
535
exclusive jurisdiction of, in civil
may sell real estate, &c....
535
cases
533
shall audit and settle demands
concurrent jurisdiction of, with
against county...
535
justices of the peace...
533
shall keep a seal, &c.....
536
appellate jurisdiction
533
accounts accruing in, how settled, 543
election of judges
532
Courts, what, established..
532
to have general control over exe-
shall be courts of record.
536
cutors, administrators, minors,
clerks of, duties, &c.......
536
idiots and lunatics
533
duty of, in relation to pleadings,
shall call over execution docket,
rolls, records, clerks, &c.........
537
537, 538
sittings of, shall be public.......... 538
1746
INDEX.
Courts Judicial Power.
-
Courts, power of, in issuing writs,
compelling returns, and appoint-
PAGE,
Crimes and Punishments.
Special Term, grand jury may be
summoned to attend.
PAGE.
540
ment of officers, &c.
of adjournments...
.538, 539
.539,
540
court may exercise ordinary juris-
diction at.....
540
special adjourned sessions, how
held
540
shall not transact business on Sun-
ness on....
day
...
542
shall be attended by sheriffs...
543
not to interfere with regular term,
Sunday, courts not to transact busi-
attachments issued and served on,
offenders arrested on........
541
542
542
542
shall audit and adjust accounts……..
certificate of, shall be voucher.....
543
verdict may be received on.
on………….
542
543
Supreme Court, power of, to direct
expenses, how paid....
543
form of writs, &c.......
532
officer attending, shall furnish fuel
for same.
543
judge of, interested in cause not to
sit...
539
Dismissed, pleas, &c., when.....
541
Elisor, to be appointed, when
538
election of judges of...
Transcript of Record, bills of excep-
532
Execution to be attached to roll..
537
Interpreters, &c., may be appointed,
when and how
538
Judges, qualifications and oath of
office
532
....
age of, to be stated on oath....
duty in relation to rolls, record,
&c.
532
.537,
538
when interested in trial; not to sit,
shall not practice law, &c., nor
have partner in practice of law,
Judges of Supreme Court, rooms to
be provided for..
539
541
543
537
...
Justices of County Courts, qualifica-
jurisdiction and power...
.534,
535
quorum, how constituted
535,
536
shall choose a president...
536
interested in cause, not to sit
529
....
majority interested, proceedings... 539
conservators of the peace
541
shall not borrow money of school
fund, three per cent. fund, &c.;
penalty for so doing.
541
...
Judgments, rolls of, to be carefully
preserved....
tion, election, &c.......532, 533, 534
tion in, may be omitted, when..
Translators to be appointed by court,
Vacancies, in county court, how filled,
Venue may be changed, when.........
Verdict may be received on Sunday,
Writs, power of court to issue..
courts may compel return of, by
attachment,
COVENANTS, Words "grant, bargain and
sell," construed...
of married women, in conveyances,
by and against executor or admi-
nistrator.
.147, 148
Crawford County, limits defined...... 475
Credibility of witness, what facts
...
may be shown to affect...…………………. 1577
Credit (See, chapter Administra-
tion.)
Creditors (See, chapters Adminis-
tration; Assignments; Attach-
ment; Boats and Vessels ;
Crimes and Punishments; Dow-
er; Fraudulent Conveyances;
Insolvents, and Practice in Civil
Cases.)
537
538
534
539
542
538
538, 539
357
363
decision of presiding justice to be
Crime, capital or infamous, indict-
the judgment, when....
536
ment...
32,
84
election of, in certain counties,
no person to be twice in jeopardy,
543,
544
32,
offices of, to become vacant, when,
Justices of the Peace not to practice
534
right of accused on trial, for...32,
committed by or upon slaves.
HH
84
84
70
law
541
Law Commissioner not to practice
CRIMES AND
PUNISHMENTS.
law, &c......
541
CHAPTER 50..................554 to
647
nor have a partner in practice...... 541
Misdemeanor, justices of county
court guilty of, when..
Records, to be read in open court....
to be in the English language.
Seal, courts shall procure and keep,
private, may be used....
..
A B C Table, setting up, &c..........
permitting, to be set up, &c....………….
626
627
541
betting at....
627
536
letting house for that purpose....
628
538
Abandoning child under six years……..
568
536
Abduction of woman...
564
536
of woman under eighteen years...
564
stamp of, sufficient impression.....
536
of child under twelve years.
568
Sheriffs, to attend court....
543
of colored persons...
568
courts to adjust accounts of………...
543
Special Term, for trial of criminals,
&c.......
may be ordered
540
Abetting forgery, counterfeiting,
Abortion, giving medicine to produce, 567
.....597, 598
INDEX.
1747
634
Crimes and Punishments.
PAGE.
Abstaining from prosecution.
602
Academy, burning of.......
571
Accessory, before and after the fact,
638
638
husband, wife, parent, &c., cannot
be an, after the fact.
....
•
Accusation of criminal offence
Acknowledgment, falsely certifying,
forging certificate of....... .588,
false personation of another in.....
Action, right of, not merged in felony,
of person injured, against owner of
slave
....
81
590
589
597
643
615
643
civil, not merged in misdemeanor,
Adultery, how punished..........624, 625
Advertisements, defacing, &c., pe-
nalty...
Crimes and Punishments.
Arrest, without due and legal process,
of judgment not to bar second trial,
Arsenic, selling to minor or slave....
exemption of physician prescribing
Arson, plot by slave to commit.......
in first, second, third and fourth
degrees.
punishment of.
PAGE.
621
642
632
632
556
...
..570, 571,
572
572
Assault, with deadly weapon, &c.,
with intent to kill, maim, ravish
or rob, &c.
with intent to commit robbery,
rape, burglary, manslaughter
or other felony...
.....565, 566
567
with intent to commit crime, not
Affray, punishment for..
620
punishable when the crime is
committed.
637
Agent, embezzlement by..
579
of officer...
603
converting to his own use public
moneys, &c...………….
Assignment, to defraud creditors,
.580,
581
parties and privies to...
583
receiving profit on deposits......
581
of public securities.
589
loaning out public moneys, &c.....
contracts of, for profit on deposits,
581
forgery of.....
589
Assistant Circuit Attorney, guilty of
void ..
581
...
misdemeanor, when......
614
issuing fraudulent certificates of
stock..
Attempt, to entice away slave....
576
...586, 587
to procure perjury...
600
signing such certificates with in-
tent to issue
.....586,
587
to corrupt juror, arbitrator or re-
feree...
601
issuing any fraudulent bond...586,
or any fraudulent transfer of stock,
587
to influence juror improperly...
602
to rescue prisoner
604
586,
587
to join enemies in war.
555
reissuing cancelled certificates....
587
by negro on white woman.
565
or messenger of telegraph refusing
to transmit dispatch....
to break prison.....
606
635
to bribe officer.
611
transmitting false dispatch.....
635
to bribe voter……….
.612,
613
disclosing contents of dispatch....
635
to influence voter by threats
615
→
Agreement, by slave, to rebel, &c...
556
for compounding felony..
602
law
•
by officer to receive bribe.....
610
to sell office or deputation.....
613
Aiding, enemies in time of war.
555
to commit offence prohibited by
party may be tried a second time
for an, to commit offence.........
Bail, accused admitted to, except....
637
642
81
rebellion or insurrection...
556
false personation in becoming...
597
negro in crime...
565
Bailee, embezzlement by..
579
to entice slave away, grand larceny,
576
Bank Notes, counterfeiting...
591
in counterfeiting, forging, &c., 597,
598
using spurious, as false token......
582
escape of prisoners
605
counterfeited, to be seized and used
...
Ale-house, keeping, open on Sunday,
Altering, will, deed, record, &c......
bank note, or check on bank.
Animals, suffering to go at large.. 561
maiming, beating or torturing, 633, 631
selling flesh of, not slaughtered, or
slaughtered when diseased.
as evidence, &c
Barn, burning of.....
Baratry, punishment of..
Bawdy house, keeping
....
who deemed keeper of
lease of, when void
Benefit of Clergy, abolished..
631
....
598
590
591
571
608
628
628
628, 629
632
643
putting dead, in any well, &c......
632
Appeal of felony abolished.....
643
Betting, upon certain gaming-tables,
does not excuse from testifying....
627
629
Appointment, bribery to procure…….
610
on elections....
630
assuming office without....
615
loaning or furnishing money or
Apprentice, embezzlement by.....
579
property to be used in...
627
permitting, to labor, when.....
630
Bigamy, definition and punishment..
623
Arbitrators, bribing, or receiving
bribe..
601
Arms, furnishing to slaves in rebel-
lion.......
556
cases in which it does not exist....
indictment for, where tried....
punishment of unmarried person,
Bill of Exchange, forgery of..........
623
624
624
591
1748
INDEX.
Crimes and Punishments.
•
Birth, endeavoring to conceal, of
child, by drowning, &c.......
Boards, pile or raft of, burning, 584,
Boats and Vessels, overloaded so as
to drown any human being....
burning of.
burning, to defraud insurer..……………….
maliciously destroying or injuring,
punishment
cutting adrift, sinking, &c.....584,
bursting boiler of, by neglect.………….
Bonds, issuing, selling, pledging,
fraudulent...
PAGE.
564
585
561
570
572
583
585
562
Crimes and Punishments.
Burning will, deed or other instru-
ment of writing..........
Buying, any forged instrument of
writing....
and selling offices, deputations, &c.,
stolen property..
Camp-meeting, erecting booth, &c.,
....
for sale of liquors, within one
mile of.........
PAGE,
597
594
613
580
630
633
Candle-factory a nuisance, when.....
Canoe, cutting adrift, injuring..584, 585
Capital crimes, prosecution by in-
dictment.....
committed by slave, punishment...
Carcass, putting in well, &c..……………..
Carding-machine, burning of..
586, 587
32,
84
or issuing, &c., any, without au-
thority of company.
70
587
632
Brands of animals, altering......577, 578
571
...
Bread, selling unwholesome.
632
Breaking prison......
606
Brewery, burning of.
571
Bribery, conviction of, to exclude
Cargo, burning, to defraud insurer..
Carrier, embezzlement by.......
Cars, causing to be thrown off of
railroad..
572
579
585
...
from office and suffrage..
67
to procure election or appointment
to office, effect of conviction, 67,
of witness, to absent himself, avoid
process, &c........
placing obstructions, &c., with in-
tent.
585
68
601
Casting away boat or vessel......583, 584
Castration of negro, in case of rape..
Cattle, administering poison to, maim-
565
of arbitrator, referee or juror.....
of officer to procure vote, opinion,
&c.........
601
ing..
584
609, 610
ceny
in consideration of vote or opinion
previously given…………………..
cruelty to..
→
.609,
610
attempt at, with officer.
611
......
by giving office, &c., to procure
election..
612
money
of voter...…………………
Bridges, burning of..........570, 571,
severing from....
Bringing, into this State, counterfeit
into this State, stolen property
612
572
altering marks or brands of, lar-
Causeway, burning of.......570, 571,
severing from, &c...
Cemetery, destroying, &c., any tomb-
stone, &c., in.
using, for any other purpose than
as......
...577,
578
633
572
579
626
...
626
579
Certificate, of probate of will, forgery
of..
589
592
of record of will or deed, forgery
of...
589
637, 638
of State, for payment of money,
Burglary, defined, punishment...572,
forgery of..
589
573, 574
of State stock, forgery of..
589
committed at same time with lar-
of acknowledgment or proof of
ceny
574
deed, certifying falsely...
590
assault, with intent to commit,565,
Burial-grounds, injuring, &c., tomb-
stones, &c., in any.......
using, for any other purpose.
Burning, inhabited dwelling-house,
....
shop, warehouse, office or store-
house, barn, stable, church, col-
lege, academy, school-house or
public building, brewery, distil-
lery, grist-mill, paper-mill, full-
ing-mill, saw-mill, carding ma-
chine, &c..
insured property, to defraud in-
566
of deposit, forgery of.....
591
626
626
of court or officer, forgery of.......
of stock, issued without authority
of charter..
593
....586, 587
issued without authority of corpo-
ration..
587
issuing cancelled, without authori-
ty of company..
587
Certifying falsely acknowledgment
or proof of deed...
590
.....570, 571, 572
surer
572
stocks, grains, grass, herbage, nur-
sery, orchard, fence, toll or pub-
lic bridge......
Challenge to fight a duel, sending....
posting another for not accepting,
Cheat, intent to, as to whom it may
be shown.....
Cheating, by false tokens, &c.........
by false personation………...
617
617
646,
647
582
583
572
pile or raft of wood, plank, boards
or lumber......
..584, 585
sufficient allegation of intent of...
sufficient proof of intent to.........
Check cr Bond, forgery of.............
646
646
591
INDEX.
1749
Crimes and Punishments.
PAGE.
Child, under 12 years of age, rape
upon........
564
under 12 years of age, enticing
away.
568
of blood......
under six years of age, abandon-
ing...
568
or grandchild cannot be an acces-
sory after the fact...
Crimes and Punishments.
Convict in Penitentiary under the
protection of the law.....
Conviction, not to work corruption
when to work incompetency as ju-
ror, 557, 569, 586, 598, 608, 635, 636
when as voter, 557, 569, 586, 598,
PAGE
642
84,
85
638
endeavoring to conceal birth of, by
608, 614, 635
when as witness, 586, 598, 608,
drowning, &c.………..
564
Circuit Attorney guilty of misde-
meanor, when...
614
Circulating publications tending to
insurrection, &c., of slaves......
....635, 636
when not to hold office, 557, 569,
586, 598, 608, 614, 635
when to work forfeiture of office,
556
...
Civilly dead, who considered to be...
642
Clergy, benefit of, abolished..……………..
643
Clerk, embezzement by…………..
579
ment....
Clipping coin, forgery.
596
Cockfighting on Sunday..
631
....
Coin, counterfeiting.
....590,
591
...
passing...
594
Combining, to usurp the government,
clipping, scaling, impairing, &c....
Collector, unlawfully exacting taxes,
College, burning of....
to levy war against people.......... 555
to remove them forcibly from the
State or their habitations........
Compounding offences..... ..602,
upon indictment for, what need not
be proved...
......
Concealing, offences, upon indictment
for, what need not be proved....
offender, after felony....
Conductor, endangering the safety of
passengers, when; punishment,
Confession of Judgment, personation
of another in....
Conspiracy, by slave to kill, &c......
definition, and punishment.
555
603
603
603
638
596
614
571
555
608, 615
former, when, may be pleaded...... 638
second, for like offence, punish-
may be had of offence of less de-
gree than that charged in in-
dictment
of one degree, bars trial for same
act of another degree....... 641, 642
of person under sixteen, of felony,
punishment
not to work forfeiture of estate,
642,
Corporation, seal of, forging.... 589,
making false entries in books of...
Corrosive Sublimate, selling without
label, and to minor or slave.....
exception of physician.......
Counterfeiting, will; deed; certifi-
cate of acknowledgment; pro-
bate or record; warrant; order;
bill; certificate or other public
security; certificate of public
stock or assignment; endorse-
ment or transfer thereof; seal
of court; public office; officer;
State or corporation; record;
return, or entry of record, 588,
632
632.
639
640
642
643
590
594
621, 622
597
556
621
what deemed...
621
589,
590
Construction of certain terms...
608
bank notes, bills, &c.......
591
Consulting, to raise rebellion.
556
order or check on bank..
591
circulating papers calculated to
process, pleading, certificate, or-
excite slaves to…...
....
556, 557
Contracts, for profit on deposits of
public money, &c., void.
der or allowance of court or
officer, or license..
593
581
any instrument, the act of an-
profits on, enure to State....
Conversion, of lost property.....581, 582
of stray..
581
other..
593
582
press, tools, &c., making, having,
&c...
596
Conveyance, to defraud creditors....
making, without reciting previous,
falsely certifying acknowledgment,
583
Counterfeit, plates, making, engrav-
583
or proof of.....
590
personation of another in acknow-
...
ing or possessing.
gold or silver coin to be seized
and used as evidence, and de-
faced.....
591, 592
598
ledging
597
County Treasurer, false entries in
Convict, rescue of.........
604
books of..
593
aiding, to escape..
605
Courts, stealing records and papers
escaping, punishment.....
606,
607
of....
578.
officer, &c., conniving at, or suf-
ering, escape of......
607
may be retaken…………………….
608
forgery of seal of....... ...... 589,
circuit, jurisdiction as to offences, 644
Creditors, conveyances to defraud... 583.
590
1750
INDEX.
Crimes and Punishments.
Criminal Court of St. Louis County,
jurisdiction of, in criminal cases,
Cruelty to animals or slaves.....633,
Dams, injuring, destroying, &c.…………..
Dead Bodies, removing from grave..
opening grave, &c., to remove.....
excepted cases..
PAGE.
644
634
Election, bribing to secure.
585
Crimes and Punishments.
Dwelling-house, larceny committed
in, punishment of...
betting on, or becoming stake-
PAGE.
577
612
625
holder
630
626
Embankments of mill-dams, de-
626
stroying..
585
Decoying, child under twelve years,
slave away, grand larceny.....576,
Deeds, stealing or embezzling..
568
Embezzlement, of will or deed.....
578
577
578
making, without reciting previous,
receiving such, to defraud.
forgery of...
583
of records, papers, &c., of courts,
by clerk, apprentice, servant...... 579
by tenant or lodger..
578
580
583
588
641
...
597
646
646
593
617
616
tearing, burning or destroying....
Definition of terms, "felony," "in-
famous crime," "misdemeanor,'
"crime," "offence," "criminal
offence," "personal property,"
"real property," "real estate,"
"personal property"........ 645, 646
Defraud, sufficient allegation of in-
tent to....
sufficient proof of intent to…....
Delivery, of counterfeit money, 591,
of challenge to fight a duel....
Demands, speculating in, against
counties, misdemeanor, when...
person indicted for, may be con-
victed of larceny.
Embracery defined, punishment...... 601
Endorsement of public security, forg-
ery...
Engine, maliciously destroying or
injuring........
for counterfeiting, making, hav-
ing..
Engineer, of steamboat, running
when not in repair....
punished for intoxication, when,
Engraving counterfeit plate..... 591,
Enticing, child under twelve years
589
583, 584
596, 597
562
621,
622
592
of age.....
568
Deodands abolished..
642,
643
slave, grand larceny.
576,
577
Depôt, burning of railroad..
571
Entries of record, forgery of.......
590
Deputations, to office, buying and sell-
E O Table, setting up, &c....
626
ing..
613
permitting, to be set up in house,
what not included in prohibition... 613
&c.....
627
void, when sold......
613
betting at..
627
assuming office without...
615
Equality, setting up, keeping, &c....
626
Die, for counterfeiting, making, &c.,
permitting, to be set up in house..
627
596,
597
-betting at..
627
Diminishing coin....
596
Diseased, selling flesh of, animals...
632
Erasure, total, when forgery... 594, 595
Escape, aiding prisoners.....
605
Dispatches, disclosing contents of....
635
refusing or neglecting to transmit,
635
transmitting false..
635
Disqualification to vote, hold office,
&c. (See, Conviction.)
631
571
....
621
of the peace.....
630
598
Draft, forgery of..........
591
593
Drink, selling unwholesome..
632
adulteration of......
633
to
575
Driver of stage, &c., punished for
intoxication....
621
by officers, under color of office...
False Certificate, of acknowledgment
613
Drugs, adulteration of
633
Duel, fighting..
617
of deed, probate of will, record
of will, or deed or State stock,
challenging or carrying, or accept-
588, 589
ing challenge..
617
of court or officer...
593
posting for not fighting.
617
False Entries, making of, in books of
being present as second at..
617
person about to fight, warrant to
State or County Treasurer, or
Auditor or corporation...
593
issue
618
to enter into recognizance.
Dwelling-house, inhabited, burning, 570
what to be deemed, in case of arson, 571
618
....
Falsely altering will, deed, &c......
False Personation, of another...583,
False Tokens and Pretences, obtain-
588
597
ing signature, &c., by……………….
582
Distilled liquors, retailing, on Sunday,
Distillery, burning of..
Disturbance, of religious worship... 630
of prisoner from penitentiary…..
conniving at or suffering……………....
Evidence, on charge of receiving
stolen property, what necessary, 580
on charge of compounding of-
fences...
of overt acts in case of conspiracy,
counterfeit gold or silver coin, &c.,
may be used as.
Exchange of counterfeit money, 591,
Extortion, letters sent with a view
603
606
607
INDEX.
1751
Crinies and Punishments.
PAGE.
False Tokens and Pretences, obtain-
ing goods, &c., by…………..
582
if false token be spurious bank-
note, &c., punishment..
582
Crimes and Punishments.
Forgery, of process, pleading, certifi-
cate, order or allowance, license,
or any instrument the act of an-
other....
PAGE.
593
Falsifying, records...
590
other cases of.....
.593 to
596
coin
596
Faro Bank, setting up, keeping, &c.,
permitting, to be set up in house,
Felo de se, assisting in self-murder,
626
627
560
forfeiture of estates of, abolished,
642,
643
Felony, compounding or concealing, 602
accessories before the fact..
punishment of……..
Former Acquittal, may be pleaded,
when not to bar second trial........
Former Conviction may be pleaded,
Fornication, and incestuous connec-
tion
596
638,
642
642
638
624
638
accessories after the fact....
638
by guardian with his ward, under
eighteen years.....
625
principals in second degree....
person under sixteen, punishment,
right of action not merged in….………….
slave guilty of, shall be whipped..
definition of the term...……….
if offence be, and not misdemean-
638
Fraud, officer guilty of, in office....
613
642
Fraudulent Assignment, parties and
643
privies to..
583
645
Fraudulent Pretences, obtaining
645
goods, &c., by...
582
Fruit Trees, burning of...
572
or, proceedings..
641
.......
destroying or injuring.
584
person cannot be prosecuted for...
may be indicted for.
641
Fulling-mill, burning of..
571
641
Gambling Device or Table, setting
Fence, burning of......
572
up, &c........
626
Fermented Liquors, retailing, on Sun-
permitting, to be set up, &c....
627
day..
631
....
betting at..
627
Ferryman, demanding or receiving
who deemed keeper of.
628
unlawful fees.....
633
warrant to seize, when to issue...
629
failing to keep banks in safe con-
dition....
633
issue...
Fine, not to be imposed, when.....
640
to be destroyed......
not to exceed one thousand dollars,
warrant against keeper, when to
Gaming-house, setting up or keeping, 628
629
629
when...
640
letting house for..
628
not to exceed two hundred dollars,
who deemed keeper of.
628
when..
640
....
warrant against keeper, when to
not to exceed one hundred dollars,
issue..
629
when..
641
Gaming, at faro, roulette, &c...
626
not exceeding one hundred dollars,
on Sunday..
631
how recovered...
644
may be recovered by indictment...
644
Flesh of animals, misdemeanor to
sell, when.... ..
632
Girdling ornamental and fruit trees,
Glue Factory, a nuisance, when.....
Goods and Chattels, burning, with in-
tent to defraud insurer..
584
633
572
Food, adulteration of...
633
Grain, burning of.
572
Forfeiture, of office, when ......608,
615
of estate not worked by convic-
tion.
642, 643
....
642, 643
in cases of suicide, death by casu-
alty, and fleeing from justice,
abolished...
Forgery, degrees and punishment,
588 to 598
of will, deed, certificate of ac-
knowledgment, probate or re-
cord; warrant, order, bill, certi-
ficate or other public security;
certificate of public stock, or as-
signment, endorsement, or trans-
fer thereof; seal of court, public
office, officer, State or corpo-
ration; record, return or entry
of record..
588, 589, 590
of bank-note, bill, &c., order or
check on bank......
591
Grand Larceny, definition and pun-
ishment......575, 576, 577, 581,
in connection with burglary..
enticing slave away, when to be...
Grave, removing dead body from.....
opening, to remove dead body from,
Grave-yard, injuring, &c., tomb-
stone, &c., in......
Grocery, keeping open, on Sunday...
Guide-board, destroying, &c......
Hedge, burning of.......
Hog Stealing, grand larceny.
Homicide, justifiable and excusable,
582
574
576
Grass, burning of......
572
625
626
626.
using, for any other purpose.
Grist-mill, burning of....
626
571
631
586
572
575
559,
560
Horse-racing on public road..
Horse-stealing, grand larceny.... 575
House-breaking ..........572, 573, 574
•
635
EE
VOL. II.
1752
INDEX.
639
for life, when.....
..639,
640
Crimes and Punishments.
House-burning...
...
PAGE.
.570, 571
Husband cannot be an accessory af-
ter the fact......
638
Impression of seals, forgery.....589, 590
Imprisonment, where conviction of
two or more offences, how award-
ed........
PAGE.
Crimes and Punishments.
Keeper of Gaming-house, Brothel,
&c., officer may break open doors, 629
Keeper of Toll-bridge, demanding
or receiving unlawful fees......
failing to keep bridge in repair....
Kidnapping, defined; punishment of,
where to be tried………..
Killing, when murder..
633
633
568
568
....558,
559
in penitentiary not to be less than
two years in any case........639, 640
in penitentiary awarded, no fine to
be imposed.....
when justifiable, when excusable,
559,
560
when manslaughter..
560 to
563
640
animal, for carcass or skin.
.577,
578
in county jail not to exceed twelve
months, when.....
cattle maliciously...
584
....
640
when not to exceed six months....
640
Sunday
in penitentiary, sentence of, sus-
pends civil rights of convicts...
for life, works civil death…………….
Labor, permitting slave, &c., to, on
Land-marks, removing, defacing,
..630, 631
642
&c..
585
642
Incest, how punished....
Incompetency, as juror...557, 569,
..586, 598, 608, 635, 636
to hold office...557, 569, 586, 598,
608, 614, 635
as voter or witness..557, 569, 586,
598, 608, 614, 635,
624
Larceny, grand, definition, and pun-
ishment of.... ....575, 576,
when committed with burglary....
enticing, &c., slaves, when to be,
577
574
636
removed by pardon...
643
Indicted, persons publishing certain
opinions, where..
556
....
circulating papers, &c., calculated
576, 577
may be charged to have been com-
mitted in a dwelling-house....... 574
petit, definition, and punishment of, 577
by slave, how tried and punished,
643, 644
person indicted for, may be con-
victed of embezzlement......
conviction of, when.......... .582, 583
641
to excite slaves to insurrection,
&c., where....
...556,
557
Lard-house a nuisance, when
633
Indictment..
...600,
601
Lease of tenement used as gaming-
Infamous Crime, definition of term...
Injure, sufficient allegation of intent
645
to
646
sufficient proof of intent to.......
646
Insurrection, publishing opinions
tending to incite slaves to….......
circulating papers calculated to
excite
556
.556,
557
house, brothel, &c., void....628,
Letters, sending threatening.....575,
sealed, opening without authority,
publishing contents of.......
exception as to certain cases......
Levying on property without process,
Lewdness, gross, punishment of, 624,
License, forgery of.........
629
620
634
634
634
621
625
593
of slaves raising..
556
Lists, failing to give, of taxable pro-
aiding in, by free persons...
556
perty...
631
Intent to defraud, cheat or injure....
Intoxication, of stage driver, pun-
ishment of, when......
646
failing to make oath to....
631
Loaning money or property to be
621
used in betting...
627
of pilot, conductor, engineer, &c.
Jail, breaking, &c………………….. ..605,
Jailer refusing to receive prisoner...
Jurisdiction, of circuit court.......
of Criminal Court of St. Louis
county in criminal cases....
621,
622
Locomotive, causing, to be thrown off
of railroad.......
585
606
placing obstructions, with intent,
608
&c
585
.....
644
644
Lodger, embezzlement or stealing by,
Lost Property, conversion of, &c, 581,
Lottery, advertising the drawing of
580
582
Juror, bribing or receiving bribe….....
promising to give verdict......
601
any scheme in.........
629,
630
601
Lottery Tickets, selling, &c..........
629
receiving paper, evidence, &c......
601
advertising, &c., for sale......
629
attempting to influence, impro-
Machinery, burning of.........
571
perly..
602
maliciously destroying or injuring,
583
improper conduct in selection of..
602
used in counterfeiting to be seized,
598
discharged, when......
641
Jury discharged, when....
641
Keeper of Gaming-house, Brothel,
Maiming, cases of, enumerated.......
by negligence of another.
cattle maliciously.
565
567
584
&c., who deemed.....
628
Malicious Mischief........ ..583, 584,
585
when warrant to issue against..... 629
Manslaughter, in first degree......... 560
INDEX.
1753
PAGE.
in third degree…..
...
561, 562,
563
563
Crimes and Punishments.
Manslaughter, in second degree..560, 561
in fourth degree
Crimes and Punishments.
PAGE.
Notice, tearing down, &c., penalty.. 634
Nuisance, slaughter-house declared
a, when......
632
punishment of...
563
soap, and other factories, declared,
assault, with intent to commit...
567
when
....
633
Manufactory, burning of............
571
Nursery, burning of.........
572
Mark, shooting at, unlawful, when..
Marks and Brands, altering, larceny,
636
Oath, failing to make, to assessments,
631
....577,
578
Marriage, compelling woman to……..
bigamy punished……..
564
623
cases excepted from punishment,
623,
624
without this State, when bigamy..
of single person to married....
incestuous; punishment....
624
624
corrupt, voluntary
Obstructions, placing, on railroad...
Offal, putting in wells, &c...…………….
Offence, second; punishment..
conviction of, where convicted of
the like in another State.........
conviction of two or more; punish-
ment.......
600
585
632
639
639
639
624
definition of the term....
646
solemnizing certain; penalty
625
Offences, against the government
Mayhem, cases of, enumerated....
565
555 to
557
by negligence of another..
567
of cattle....
584
Medicines, adulteration of..…………….
633
Meeting, religious, disturbance of...
630
Merchandise, burning, to defraud in-
surer
572
Messenger, of telegraph line disclos-
ing contents of dispatch........
635
635
Mile-stone,
&c.
586
622
Mill-dam, destroying, &c.......
Misdemeanor, general provisions as
to punishment of......
585
586
compounding or concealing...602,
603
definition of the term...... .645,
646
dismissing, &c., an indictment de-
clared, when.....
614
603
dismissing, &c., civil action, where
State or county is a party..
speculating, &c., in county war-
rants or claims against counties,
by officers, declared...
614
conviction of two or more; pun-
ishment
639
Officer, burning building in which
papers of, are kept…………………….
571
616
having custody of records, &c., de-
person indicted for, not to be ac-
quitted, if felony...
stroying, &c...
578
641
•
embezzlement by.
578
...
not to be prosecuted for felony,
unless, &c........
forging seal of..
.589,
590
641
guilty of improper conduct in se-
civil action not merged in.........
Misprision of Treason, punishment..
Monuments to designate boundary of
643
lecting jurors....
602
555
obstructing or resisting..
603
assaulting, beating, wounding...
603
land, removing..
585
suffering instruments to go into
Mulatto, punishment by stripes,
when....
penitentiary or jail.....
607
643
suffering prisoner to escape....
607
how tried, and before whom...
643
refusing to execute process..
607
Murder, in first degree.....
558
bribery of...
....609,
610
in second degree....
559
oppression, partiality, &c., by......
613
other's
596
Negroes, raising rebellion...
556
punished by stripes, when...
643
how tried, and before whom...
643
Notes, forgery of…………………………………………………………
591
Name, affixing pretended, forgery... 595
using own, pretending it is an-
Nature, crime against, punishment.. 624
extortion by........
misdemeanors of, not provided for,
military, to aid in quelling riots...
resistance to, in case of riots......
may break open doors, &c.....
issuing fraudulent certificates of
stock.......
586, 587
fraud by, in office.
613
614
614
619
620
629
refusing to transmit dispatch......
transmitting false dispatch......... 635
destroying, removing,
affecting the lives of individuals,
affecting property
records, currency, instruments or
securities, public or private,
against the administration of jus-
tice......
598 to
by persons in office...........609 to
against the public peace, or affect-
ing the security of persons and
property....
.616 to
against public morals and decency,
or the public police, and other
offences...
compounding or concealing.
upon indictment for, not necessary
.622 to
636
602
....
to prove conviction of original
offender.
....
557 to
569
...569 to
587
...
.588 to 598
608
616
1754
INDEX.
Crimes and Punishments.
Officer, signing such certificates with
intent to issue......
586,
issuing any fraudulent bond...586,
or any fraudulent transfer of stock,
PAGE.
Crimes and Punishments.
PAGE
Pleading, forgery of...
593
587
Poison, administering, with intent to
587
kill.
566
586, 587
reissuing cancelled certificates.....
loaning out public moneys, &c.....
contracts for profits on deposits...
receiving profits on deposits.……………..
587
•
putting, in spring, well, &c........
administering, to cattle....
exposing it to cattle, &c.
566
584
584
581
selling, to minor or slave...
632
581
581
Office, burning of..
571
public, forging seal of.
589,
590
forfeiture of, when..
608
bribing to procure..
610
giving, as bribe to procure election,
611
selling
613
...
assumption of, unlawfully..
615
arresting person, or levying on pro-
perty without legal process....
621
Oil-factory, a nuisance, when....
633
exception of physician to.....
Pork-house, a nuisance, when......
Porter-house, keeping, open on Sun-
day..
Posse Comitatus may be summoned,
Posting for not fighting duel....
Pregnant woman, administering medi-
cine to, to produce abortion.……….
Press for counterfeiting, &c.......
Principal in second degree in felony,
Prison, breaking, punishment for....
attempt at.
632
633
631
619
617
567
596
638
606
607
Operator, disclosing contents of dis-
Prisoner, rescue of........... ……………
604
patch......
635
aiding to escape..
605
....
refusing to transmit dispatch......
transmitting false dispatch.
635
escaping; punishment.....
606
635
conniving at or suffering.
607
Orchard, burning of.....
572
escaping, may be retaken..
608
Order, for payment of money issued
Probate of will, forging certificate..
588
by State, forgery of....
589
Process of Court, &c., forgery of....
590
on bank, forgery of.
591
of court or officer, forgery of………...
593
officer refusing to execute..
Proclamation, tearing down, &c.; pe-
607
Paper-mill, burning of...
571
nalty...
634
Pardon by Governor, effect of..
643
Produce, severing from the soil......
579
Parent or grand-parent cannot be an
Profits, accrue to the State, when....
581
accessory after the fact.
638
State may sue for.
581
Passing counterfeit money,592, 593,
Penitentiary, escaping from, or aid-
ing escape from..
594
Property, definition of the term.....
Prussic Acid, selling, without being
646
606
Perjury, conviction of, to exclude
from office or suffrage.........
definition and punishment.....599, 600
subornation of.....
67
600
marked, or to minor or slave....
exception of physician.....
Public Buildings, burning of.....
Public Money, conversion of.....580,
contracts for profits on deposits
632
632
571
581
attempting to procure.
600
of, void......
581
...
what sufficient in indictment for...
600
Public Records, burning building..
571
...
Person, definition of the term...
646
stealing or embezzling..
578
Personal Property, definition of term,
Personating another, obtaining mo-
646
Public Security, forgery of........
589
ney by..
583
Petit Larceny, definition and pun-
ishment
Public Worship, disturbance of…….....
Publishing opinions tending to ex-
cite slaves to insurrection....
630
556
577
Racing, on Sunday....
631
by slave, how tried and punished,
on public road..
635
....
...
608
643, 644
Physician, prescribing while intoxi-
cated, so as to produce death,
guilty of manslaughter......562, 563
administering drug to procure
abortion..
Pilot, punished for intoxication, when,
621, 622
Place of Confinement, construction
of term..
567
Railroad, placing obstructions on
Raft of Wood, &c., burning, injur-
ing or destroying, &c.
584
track of.....
585
removing any part of..
585
causing cars to be thrown off of...
Rape, defined; punishment........
by negro; punishment...
585
564
565
assault with intent to commit...
567
Place of Imprisonment, construction
of term...
608
aiding negro to commit.....
Real estate, taking, by violence.....
definition of the term....
565
.....
620
646
Plates used in counterfeiting, to be
seized, used as evidence and de-
faced...
Rebellion, raising, aiding in..
556
598
publishing opinions tending to ex-
cite slaves to.....
556
INDEX.
1755
Crimes and Punishments.
Receiving, property, stolen or em-
bezzled
indictment for, conviction of prin-
cipal need not be averred
counterfeit money.
any forged instrument of writing,
Recognizance, personation of an-
other in making.......... ......
to be entered into in case of du-
elling
Record, of will or deed, forging cer-
tificate of
of court, forging seal of.. .589,
of will, conveyance, &c., falsify-
ing
Records, public, burning building in
which, are kept
of courts, stealing or embezzling..
Referee, bribing, or receiving bribe,
Religious Meeting, disturbance of...
Removing portion of railroad…………………...
Rescue of offenders......
PAGE.
Crimes and Punishments.
PAGE.
Servants, loaning out public money,
580
&c.
581
....
receiving profits on deposits
581
580
contracts of, for profit on deposits,
593
void
581
594
Shares of Stock, transfer of, without
597
authority of charter .....
without authority of corporation,
Sheriff, suffering or conniving at
586,
587
587
618
escape.
607
....
590
590
refusing to execute process.
Shooting, across public highway.
with intent to kill, &c......
607
636
....
565
Shop, burning of
571
590
Signature, affixing pretended, to
notes, &c., of corporation..
595
571
affixing, to instrument, purporting
578
to be the act of another..
595
601
630
Sister cannot be an accessory after
the fact
638
585
604
Slaughter house a nuisance, when...
Slaves, raising rebellion of.
633
556
Resistance of officer in case of riot..
Return, falsifying, destroying, &c...
Revolt, exciting slaves to.........556,
Riots, definition and punishment,
619
590
making rebellion or insurrection..
agreeing to make…………….
556
556
•
557
plotting death of any person..
plotting to commit arson.....
556
556
618,
619
duty of peace officer in case of....
proclamation to disperse
Robbery, assault with intent to com-
mit
619
publishing opinions tending to ex-
cite insurrection of........
556
619
enticing away, grand larceny
576
567
aiding or assisting to entice away,
attempting to entice away
576
576
degrees and punishment of....574,
575
wanton cruelty to.........
634
Rolling Press, for counterfeiting,
having, making, &c.....
guilty of petit larceny, how tried,
596
643,
644
Roulette, setting up, keeping, &c....
permitting to be set up in house,
626
&c ....
627
betting at..
627
Routs, definition and punishment,
618, 619,
620
guilty of felony, shall be whipped,
master or owner made responsible,
if female, pregnant, how punished,
permitting, to labor on Sunday, 630,
enticing or bringing, into this State,
grand larceny
645
645
643
631
577
Sale of counterfeit money
593
Soap and other Factories, nuisances,
Sausage-house a nuisance, when.....
633
when.......
633
Saw-mill, burning of.......
571
Spring, putting dead animals, &c.,
School-house, burning of.
571
in
632
Seal, of court, forgery of..... 589,
of corporation, forgery of.....589,
official, of any officer, forgery of,
590
Spurious Bank-note, &c., using, as
590
false token
582
....
589,
590
Stabbing with intent to kill, &c.....
Stable, burning of.....
565
571
of public office, forgery of....589,
of State, forgery of...
590
Stack of Grain, burning of....
572
589
Stage Driver, punishment of, for in-
Second Offence, punishment for
639
toxication.....
621
Second Trial for same offence.......
642
Stake holder of bet on election, how
Security, public, forgery of........
589
punished...
630
false personation in giving.
597
Stamps, Dies and Tools, seized, used
conversion of, &c.......
580,
581
as evidence and defaced, when..
598
not to be loaned....
581
State Seal, forgery of..
589
contracts for profit on deposit of,
State Treasurer, making false entry
void
581
in books of ………..
593
Selling, counterfeit money.
593
Stealing...
575
offices and deputations....
613
Steamboats, negligently, &c., burst-
Servants, embezzlement by.
579
ing boiler of..
562
converting to his use, &c., public
money, &ć..........
captain or engineer of, when guilty
580, 581
of manslaughter......
562
1756
INDEX.
Crimes and Punishments.
PAGE.
Store-house, burning of..
571
Stranding boat or vessel, maliciously,
punishment..
to defraud..
583, 584
Stray, conversion of, &c., grand lar-
ceny...
582
Subornation of Perjury..
600
what sufficient in indictment for...
Suicide, assisting to commit, man-
slaughter
600
560
forfeiture in case of, abolished,
642, 643
Sunday, laboring on, or compelling
to labor.......
exceptions in favor of certain per-
630, 631
Crimes and Punishments.
Unlawful Assembly, definition, and
proceedings for dispersing..
Unmarried Person marrying husband
.......
or wife of another..
Usurpation, of government..
of office...
Unwholesome bread, &c., selling.....
Varnish-factory, a nuisance, when...
Verdict, on trial for murder or man-
slaughter, when to be not guilty, 560
Voter, receiving bribe........
bribing or attempting to bribe,
PAGE.
618, 619
619
624
555
615
632
633
612
.612,
613
sons
631
attempting to influence..
615
horse-racing, cock-fighting or gam-
ing
voting twice at same election......
615
631
deceiving by false tickets.......
616
selling merchandise or keeping
importing illegal.....
616
grocery on...
631
Warehouse, burning of...
571
exemptions as to sale of medicines,
permitting slave, &c., to labor on,
631
Wares, burning, with intent to de-
fraud insurer..
572
630,
631
Warrant, against duelists..
618
Taxes, collector unlawfully exacting,
refusing to give list of taxable pro-
perty.......
614
against gambler...
629
officer may break open doors....
629
631
speculating, &c., in county, by
failure to make oath to........
631
certain officers...
616
Taxable Property, failing to give list
of.........
631
Well, putting dead animal in, &c.....
Wife cannot be an accessory after
632
failure to make oath to
631
the fact.
638
Tearing will, deed, or other instru-
Will, stealing or embezzling..
578
ment..
597
forgery of.....
588
Telegraph Lines, injuries to; punish-
ment of.
585
Telegraph Messages, disclosing con-
tents of.....
635
forgery of certificate of probate
of........
tearing, burning and destroying... 597
Witness, bribing, &c., to absent bim-
588,
589
refusing to transmit....
635
self.....
601
transmitting false...
635
incompetent
after conviction,
Tenant, embezzlement by..
580
when..........586, 598, 608, 635,
636
Threatening, letters, sent with a view
perjury of, how punished..
599
to extortion......
575
Woman, ravishing
564
attempting to influence voter by...
letters, sent without purpose to ex-
615
carnally knowing, when under
twelve years of age.
564
tort
620
carnal knowledge of, by giving li-
Tickets, giving false, to voter at elec-
quids...
564
tion...
.....
615, 616
printing or circulating fraudulent,
at elections.
616
compelling to marry or be defiled,
taking with intent to compel, &c..
under eighteen, taking without
564
564
selling, &c., lottery.
629
advertising, &c., for sale..
629
....
Tippling-shop, keeping, open on Sun-
day.
631
Toll-bridge, penalty on keeper fail-
consent of parent......
pregnant, administering medicine
to, to procure abortion.....
endeavoring to conceal birth of
child...
564
567
564
ing to keep, in safe condition...
633
Wood, pile or raft of, burning, de-
Tomb-stone, injuring......
626
stroying..
584,
585
Tools for counterfeiting, making,
Worship, public, burning house of...
571
having, &c...…………….
596
disturbance of..
630
Treason, punishment of..
555
Wounding, cattle, maliciously
633
misprision of; punishment.
555
officer.
603
Treasury Warrant of State, forgery
Writings, what to be deemed, in
of..
589
forgery
595
Trees, fruit, burning of....
572
Writs and Process, forgery of......
593
destroying fruit or ornamental,
punishment......
Written Instrument, what to be
584
deemed, in forgery......
595
INDEX.
1757
Damages.
CRIMINAL COURT-(See, chapter Court
Criminal.)
PAGE.
Criminal Offence, definition of........ 646
(See, chapter Practice in Criminal
Cases.)
Criminals, Insane (See, chapter
Asylum-State Lunatic.)
Crop, lien of landlord upon...
Cruelty to animals or slave...... 633,
Curator, copy of bond of, evidence..
of minor's estate, when appointed,
(See, chapters Guardians and Cu-
rators; Practice in Civil Cases,
and State University.)
Cutting down ornamental or fruit
trees......
DADE COUNTY, limits defined............
Dallas County, limits defined... 475,
DAMAGES. CHAPTER 51...... 647 to
Action, for charge of fornication or
adultery.
1013
634
729
823
PAGE.
Railroad, injuries by........647, 648, 649
Slander, certain charges declared to
be ..
Stage Coach, injuries from...... 647,
Steamboat, injuries from......... 647,
Tortfeasors, contribution among.....
Trespassers, two or more, liable to
contribution..…………………..
DAMAGES, action for, against appren-
tice
.....
on bills of exchange.
....
for materials, in erecting bridges,
to county buildings.
by slave, master liable for.
recovered in cases of dower..
may be recovered of ferrymen.....
against steamboats, for landing at
ferry......
647
648
648
649
649
191
294
325
501
645
...
584
675
783
475
476
785
in cases of forcible entry and de-
649
tainer.
790
647
.......
against master of slave, when re-
covered....
645
for injuries resulting in death, 647, 648
for injuries to animals.
in actions of ejectment......
693
649
who may sue.
....
647,
648
limitation of..
...
648,
649
not recoverable in freedom suits...
not barred by penalties under ha-
beas corpus act..
812
848
Adultery, charge of, actionable......
647
Animal, killed or injured, railroad
liable for, when...
649
Answer of defendant may set up,
what..
648
for killing, hurting, &c., animals,
on dissolution of injunctions.......
on return of mandamus.....
in cases of erecting mill-dams, how
assessed....
855
1249
1056
1083
648
649
in actions for foreclosure of mort-
gages..
1089
Children, minor, may sue, when, 647,
Contribution among co-trespassers..
Corporation, Railroad, liable for in-
649
649
juries, to whom……………….. 647, 648,
Co-trespassers bound to contribute..
Damages, what amount of, shall be
recovered....
647, 648, 649
interest by way of, may be re-
covered
Death, injury resulting in....... 647,
Defendant, may allege, what, in an-
swer..
liable to contribution..
Father and Mother, may sue, when,
649
648
648
649
...
647, 648
each to have an equal interest in
judgment..
648
Fornication, charging another with,
actionable..
647
Husband or Wife, to sue, when, 647,
648
limitation of right to sue...... 647,
648
Injury, to persons.........
647,
648
to animals.....
649
Jury may give damages by way of
interest.
649
Limitation of action.......
648,
649
648
648
Minor Child may sue, when..... 647,
Mother may sue, when...... 647,
Parents entitled to bring suit... 647, 648
Publishing charge of adultery or
fornication, actionable............ 647
to be assessed on penal bonds………….. 1133
upon affirmance of judgment by
Supreme Court...
1301, 1302
against officer detaining records,
&c........
(See, chapters Asylum - Blind;
Asylum- Deaf and Dumb; At-
tachment; Boats and Vessels;
Bridges; Corporations Road
Associations; Damages; Fugi-
tives from other States; Justices'
Courts; Landlords and Tenants;
Lands-Swamp and Overflowed;
Practice in Civil Cases; Prac-
tice in Criminal Cases; Roads
and Highways, and Telegraph
Companies.)
1310
Dams, injuring, destroying, &c....... 585
(See, chapter Mills and Mill-dams.)
Daviess County, limits defined.....
Dead Bodies, punishment for opening
460
grave to remove, and for re-
moving..
.625, 626
Deaf and Dumb (See, chapter Asy-
lum-Deaf and Dumb.)
Death, punishment of, when in-
flicted.
civil, when
...
register of, when evidence....
555,
559
642
728
1758
INDEX.
PAGE.
679
Decisions of the Supreme Court.
Death, of parties in cases of dower,
not to abate proceedings……………………….
in cases under habeas corpus act,
not to take away right of action, 848
of mortgager, mortgagee, or as-
signee, representatives to come
in....
1088
853
(See, chapters Damages; Eri-
dence; Justices' Courts; Limit-
ations; Practice in Civil Cases,
and Practice in Criminal Cases.)
Debt, imprisonment for, abolished...
mutual, may be set-off........1461, 1462
not due, may be attached..
260
(See, chapters Administration; As-
signments-Voluntary; Execu-
tions; Justices' Courts; Prac-
tice in Civil Cases, and Schools.)
Debtors (See, chapters Adminis-
tration; Attachment, and Insol-
vents.)
Decrees, parties dying, who to prose-
PAGE.
cute; execution, how to issue... 904
executor or administrator dying,
resigning, &c., how revived.....
acknowledgment of satisfaction of,
effect of.
....
... .....
party refusing to enter satisfac-
tion, proceedings..
docket of, to be kept; contents of,
penalty for failure to keep
in case of ad quod damnum, vest-
ing title of acre of land in peti-
tioner
...
(See, chapter Practice in Civil
Cases.)
Dedimus, to take depositions, how
obtained
to perpetuate testimony.
in criminal cases, when..
905
905
906
906
907
1084
653
1148
1182
Deeds, stealing or embezzling......... 578
making, without reciting previous,
583
forgery of...
....588, 589
DECISIONS OF THE SUPREME
COURT.-CHAPTER 52...649 to
652
Briefs, shall contain, what.
650
tearing, burning, destroying....... 597
by executor or administrator, of
land sold...……...
149
part of papers in cause...
650
Clerk, to endorse day of filing opin-
ion....
650
penalty on, for failure of duty.....
651
duty of
....
650,
651
Counsel to make briefs and file them,
650
Court to fine clerk, when....
651
Opinion, to be reduced to writing,
and filed........
650
what to contain.....
650
Reporter, appointed, how.....
650
to take oath..
650
......
made before officer of French and
Spanish governments, evidence,
of trust, of personal property,
when not valid.
by sheriff, of real estate...
by guardian of insane person…………..
(See, chapters Administration;
Conveyances; Court Land;
Guardians and Curators; Re-
cords-Public, and Revenue.)
Deeds of Trust - (See, chapters Ad-
724, 725
804
748
868
shall be an officer of the Supreme
Court....
650
duty of, in certain cases.......
651
ministration, and Mortgages.)
Default, in proceedings by address..
in cases of, dower
109
675
shall prefix notes to decisions………..
651
of escheat.
719
Reports, how published.....
651
of forcible entry and detainer.
790
to be delivered to Secretary of
State...
of impeachment....
852
651
copies of, how distributed.....651,
652
to belong to the respective offices..
to be stamped.……………….
652
652
gage..
Secretary of State, to purchase cer-
of scire facias to revive judgment,
in cases of mandamus....
in proceedings to foreclose mort-
in suits for partition..
903
1056
•
1089
1112
tain reports
652
.....
to distribute reports…………..
DECLARATION OF INDEPENDENCE....1 to
Decoying, child, under twelve years,
with intent, &c.........
slave......
.651, 652
in actions on penal bonds......
of witness summoned, attachment
to issue..
1133
1580
LO
5
568
576
Decrees, made with intent to hinder
or defraud creditors, void........
duration of lien of, on real estate,
execution on, when to issue...
802
902
902
sale of land under junior, to pass
title
904
money arising from sale, how dis-
posed of........
(See, chapters Attachment; Jus-
tices' Courts, and Practice in
Civil Cases.)
Defendants (See, chapter Attach-
ment; Justices' Courts, and
Practice in Civil Cases.)
Definition of Terms - (See, chapters
Conveyances; Crimes and Pun-
ishments; Dram-shops; Execu-
tions; Judgments; Laws-Re-
vised Statutes; Slaves, and
904
Wills.)
INDEX.
1759
Depositions.
DeKalb County, limits defined.......
Delinquent Lists-(See, chapter Re-
venue.)
PAGE. | Depositions.
460
.247, 266
745
Delivery, bond for, in attachment
suits
bond for, of property levied on un-
der execution...
when necessary in sale, or mort-
gage, of goods and chattels...... 803
of public records, books and pa-
pers, how compelled..........
(See, chapters Boats and Vessels,
and Crimes and Punishments.)
Delivery Bond, in attachment cases,
1310
Examination of witnesses..
PAGE.
656
Exhibits to be enclosed in depositions, 658
Interrogatories annexed to commis-
sion
Notice, how to be given to adverse
party
adverse non-resident party
in what time to be served...
by adverse party, to take deposi-
tions at same time and place....
how served...
656
654
635
....
655
657
655
who may serve…………...
655
247,
266
time of, may be shortened......
Objections, to competency, &c., of
witnesses, how taken......
655
659
of property taken in execution....
second, not to be taken.....
to be returned with execution, 745,
proceedings on..
745
745
to relevancy of testimony, may be
made at trial......
659
746
Officer, his duty, &c., and power un-
745, 746
DEPOSITIONS.-CHAPTER 53..652 to
Adverse Party, how notified...
659
Demand-(See, chapters Corpora-
tions Mining, Mechanical ;
Costs; Gaming; Landlords and
Tenants, and Revenue.)
Demands (See, chapter Adminis-
tration.)
Demurrer, costs of, regulated.……………….
(See, chapters Practice in Civil
Cases, and Practice in Criminal
Cases)
442
Dent County, limits defined............ 476
der the commission...........654, C56
when may compel attendance of
witnesses......
official character of, in foreign
country, how attested...
United States, how attested.
statement of, when prima facie
evidence....
what, authorized to take deposi-
tions......
Parties, may obtain depositions of
witness.....
may, in certain cases, by making
affidavit...
656
.....
657
657
........658, 659
...653, 651
653
655
654
Adverse non-resident party, how
notified.....
655
adverse, may take deposition at
the same time and place....………..
notice to be given, of such taking,
657
Annexation of interrogatories....
656
.657,
658
Attendance of witnesses, how com-
Service of notice......
655
pelled.......
656
Certificate of officer taking deposi-
tions
Statement of Officer, when prima fa-
cie evidence....
..658, 659
..656, 657
Witness, residing in the State, no
Character, official, of officer in for-
eign country, how attested......
United States, how attested.......
Commission, how issued and direct-
ed
commission to issue...
654
657
657
out of the State, commission to
issue...
653
to be examined on oath.......
656
653
objection to credibility, &c., how
duty of officer under..
654
taken
...
659
not necessary, when.
654
how issued when witness is out of
the State......
653
command of……………..
654
special, to issue on affidavit....
655
to whom directed.....
655
Depositions, how obtained........653,
..653,
655
DEPOSITIONS, in cases of address....... 103
in support of demands against es-
tates
in contested elections...........705,
in cases of forcible entry and de-
tainer
.155,
156
709
792, 793
when may be read and used as evi-
dence
658
exhibits to be enclosed in, when... 658
may be taken before what officers,
may be taken by opposite party, at
same time and place......
objections to, may be made on trial,
notice to take, how given......654,
may be served, by whom......
653
in cases of impeachment.....
justice of the peace may issue
subpoenas for witness to take...
to be taken as evidence before jus-
tice of the peace.....
852
656
947
657
659
to be taken as evidence before Le-
gislature......
1037
655
for perpetuating testimony.
1148
655
for proving execution of wills,
authentication of.................656,
.656,
657
1569, 1570
EE 2 VOL. IL
1760
INDEX.
Descents and Distributions.
(See, chapters Administration;
Arbitrations and References;
Commissioners to take Acknow-
ledgment of Deeds; Justices'
Courts; Practice and Proceed-
ings in Criminal Cases, and
Practice in Civil Cases.)
Deputy, of clerk of county court, not
PAGE.
to be executor or administrator, 113
of clerk or sheriff, not to be secu-
rity in administration bond...... 116
of clerk, not to practice law in his
own court......
541
Intermarrying afterwards, when, to
make children legitimate....………….
Issue of certain marriages deemed
legitimate
ascending and collateral, how to
inherit......
of issue of certain marriages,
when....
Marriages, issue of what, legitimate,
Personal estate, to whom to descend,
Posthumous Children shall inherit,
PAGE.
661
661
Kindred, rule in case of failure of...
660
660
Legitimacy of children, when.....
661
661
661
659
clerks may appoint.......
338
how
660
constables may appoint......
347
coroner may appoint, when
368
Real Estate, to whom to descend....
Rule in case of failure of kindred,
659
660
jailer may appoint......
898
of circuit or county court clerk,
not to be a justice of the peace,
collectors may appoint......
920
Title by Descent, alienage no bar to,
Wife, when to take the whole of the
estate.......
661
660
1341
sheriff may appoint...
1466
to lands........
-CHAPTER 54.........
659 to 661
Advancements, to children, brought
into hotchpot......
661
county surveyor may appoint...... 1515
Descent Cast, not to affect the right
DESCENTS AND DISTRIBUTIONS.
1046
DESERTION, by apprentices, how pun-
ished
by wife of her husband, bars her
....
191
672
dower
Destroyed Writing may be sued on... 1241
Detainer (See, chapter Forcible
Entry and Detainer.)
Devastavit (See, chapter Adminis-
tration.)
maintaining, educating, child, &c.,
Devise, in fee-tail, how construed,
not deemed...
661
.....
355, 356
Alienage of ancestor, no bar to title
by descent
661
to two or more, tenancy in com-
mon, unless...
357
Ascending Kindred, what portion to
take of estate
...660, 661
Bastards may inherit, and transmit
inheritance, &c
661
to widow, when to bar dower......
who may make......
does not lapse by death of devisee, 1569
to subscribing witness, when, and
671
1567
.....
Capita, per, when descendants shall
take....
661
Certain Marriages, issue of, made
legitimate....
661
Children, advancements to, brought
into hotchpot…….....
661
and descendants, inheritance of,
.659, 660,
661
when legitimated.
661
posthumous, to inherit..
660
Collateral Kindred, how to inherit,
and what portion.......659, 660, 661
Descendants, how to take real and
when not, void........
1573
for life, and afterwards in fee-tail, 1574
omitting words of inheritance..... 1574
Devisee, judgment survives to and
to be made party in Supreme Court, 1299
when, may prove execution of will, 1573
(See, chapters Forcible Entry and
Detainer; Limitations, and
Practice in Civil Cases.)
Dilatory Pleas-(See, chapters Prac-
tice in Civil Cases, and Practice
in Criminal Cases.)
Directors (See, chapters Corpora-
tions-Mining, Mechanical; and
Corporations Road Associa-
tions.)
Discharge (See, chapters Practice
in Criminal Cases; Administra-
tion; Guardians and Curators.)
Disclosures-(See, chapter Practice
in Criminal Cases.)
personal property....
of equal degree, when to take per
capita, when per stirpes……………..
....
.659,
660
661
Descent, title by, alienage no bar to,
Descent of real and personal estate,
661
659,
660
Hotchpot, when…....
661
Husband, when to inherit the whole
estate...
660
Inheritance, of ascending and col-
lateral kindred......
660
of term of court.........
541
of posthumous children.....
660
of suit on penal bond, on payment
of bastards.........
661
of principal. &C………..
1132
Discontinuance, not operated by lapse
against
904
INDEX.
1761
375
1249
1542
..659, 660
1023
Divorce and Alimony.
(See, chapters Justices' Courts,
and Practice in Civil Cases.)
Discovery-(See, chapters Justices'
Courts, and Practice in Civil
Cases.)
Dismissal (See, chapter Practice in
Civil Cases.)
Dispatches-(See, chapters Crimes
and Punishments, and Telegraph
Companies.)
Disproof-(See, chapters Attach-
ment, and Practice in Civil
Cases.)
PAGE.
Dower.
Dissolution, of corporation, affairs
to be settled by trustees......
of injunction, damages to be as-
sessed....
of incorporated towns, when and
how made; affairs, how settled, 1530
(See, chapters Agricultural Socie-
ties; Attachment; and Corpora-
tions-Road Associations.)
Distress Warrant to be issued by Au-
ditor of State, against delin-
quent collectors....
Distribution-(See, chapter Lands,
State-Sale, Distribution.)
Distribution, of estates, course of,
directed
of laws.....
...
Children, legitimacy of, not affected,
when..
Circuit Court, jurisdiction of
proceedings in..
in ex parte cases.
Defendant, answer of, to be under
oath......
.... 663,
Divorce, causes of; how decided,663,
for what causes allowed.........662,
one year's residence by petitioner
required...
for review of order for alimony,
when allowed.........
Property of wife to revert to chil-
dren......
Suits, to be tried without a jury.....
to be brought in county where
plaintiff resides....
PAGE.
662
663
663
665
664
664
663
664
cause of, commenced out of this
State, and continued within………..
Petition, for divorce, affidavit to be
made to.
664
663
for review of judgment, not al-
lowed.....
666
666
666
...
663
663
Wife, property of, to revert, when...
666
court may order that name of, be
changed..
666
Writs of error to issue, within what
time........
666
of three per cent. fund...
1364
DOCKET, of administrators and execu-
(See, chapters Administration,
tors to be kept....
160
and Guardians and Curators.)
of judgments of court.
906
Districts, congressional, established,
348
to be entered, when.
907
...
electoral, established..
712
what to contain...
907
senatorial, established..
1320
(See, chapter Schools.)
to be kept by justice of the peace;
what to contain......
928
Division, of townships; effect as to
justices of the peace..
922
of three per cent. fund....
of townships by county court...... 1537
Dividends-(See, chapter Schools.)
DIVORCE AND ALIMONY-CHAP-
Affidavit, petitioner to make
1364
of justice of the peace, how dis-
posed of, upon resignation, re-
moval...
923
(See, chapters Court-Land; and
Practice in Civil Cases.)
TER 55.......
...
662 to 666
663
answer to be verified by........663,
Alimony and Maintenance, order of
court in relation to...
wife plaintiff, defendant to give se-
curity.
664
Documents (See, chapter Practice
in Civil Cases.)
Domicil― (See, chapter Evidence.)
Doors (See, chapters Justices'
Courts, and Practice in Criminal
Cases.)
664,
665
664
•
DOWER. CHAPTER 56..........666 to
Administrator, of wife, to prosecute
682
cause of divorce commenced out of
the State, and continued within, 664
collusion between parties; effect
suit, when..
679
of...........
court may allow, when.. .664,
review of order granting, allowed,
665
665
....
may petition circuit court to as-
sign dower......
Appeal, when and how made..... 680
damages on, against appellant..... 680
proceedings on, &c.......
.676, 677
680
when.....
666
Bond, husband to give, for mainte-
Answer, of defendant, may allege,
nance of wife......
681
what.......
663,
664
judgment may be rendered on,
affidavit to be made to..........663, 664
Appeal, to Supreme Court, when to
when and for what...
681
new, may be required, when..
681
be taken.
666
failing to give new, order of court,
681
?
1762
INDEX.
Dower.
Circuit Court, petition of widow may
be filed in; proceedings
clerk of, shall issue summons, when,
shall order publication, when…………….
substance of order of..
PAGE., Dower.
Divorce, when, and when not, a bar
to dower...…….
PAGE.
674
671.
674
674
Defendant, appearing, cause shall
proceed.
675
674
shall appoint commissioners to ad-
measure dower, when.....
may assess damages and award writ
of possession, when.
not appearing when summoned,
proceedings..
675
675
676
...
shall inquire into value of widow's
dower, when.
676
moned
proceedings in, by husband, to dis-
encumber real estate of dower,
in case of insanity of wife..680,
shall give judgment of allowance
in lieu of dower, when......
shall assess damages in case of the
death of dowress, pendente lite..
Commissioners, shall be appointed to
shall be notified by publication,
when.......
judgment against, by default, when,
proceedings against those, sum-
exceptions of, shall not abate writ,
674
675
675
...
681
when..
Dower, in real estate, widow shall
have, what........
676
668
676
in case of insanity of wife, pro-
ceedings.
680,
681
679
make partition of dower in
slaves; shall report, when...672,
shall be appointed to admeasure
dower
in leasehold estate, extent of.......
in lieu of dower, widow may elect,
what..
668
670
673
675
woman shall lose, when.........671,
divorce, bar to right of dower,
when.......
672
671
...
oath, powers and duties; proceed-
ings
675
devise of real estate bar to dower,
when........
671
shall report proceedings, when....
shall again proceed to same duty,
when..
any one of, may be discharged and
another appointed, when....675,
675
jointure a bar to dower, when......
671
jointure or dower, may be elected,
.....675, 676
when
671
on failure of jointure, dower to be
676
obtained
672
vacancy, how filled..
.675,
676
court approving report of, pro-
ceedings.
until assigned, what rights of wi-
dow...
672
676
lands not susceptible of division,
proceedings...
676
to be appointed, when dower has
not been duly assigned; powers
and duties.
petition for, may be filed by widow,
judgment of, when and how given, 675
commissioners to ascertain; pro-
ceedings of....
county surveyor to lay off; when
674
.675, 676
678
and how.
675
....
report of; proceedings upon.
678
compensation of...
678
yearly value of, how ascertained...
allowance in lieu of, how ordered
675
Committee, appointed to inquire of
and paid………..
676
insanity of wife…..
680
how assigned and admeasured by
appointed to appraise real estate,
Creditor, may petition for assignment
of dower...
heirs.
676
...
680,
681
sued for by widow, without right;
effect.
677
676, 677
collusion to obtain, with guardian;
contingent rights of, how secured,
Costs, shall be divided among parties
according to their interests......
compensation for services of com-
missioners shall be taxed as.....
judgment for, how and when ren-
dered......
673
effect of.
677
....
677
actions for, not to abate, when.....
lost by default, how..
679
678
Dower in slaves, widow's share in,
678
how assigned.…………….
672
assignment of, how made.
673
.678, 679
proceedings to obtain...
672,
673
County Court, duties of, in relation
to partition of slaves, &c.........
partition, how made.....
672,
673
672
lost by default, how...
678
County Surveyor, duty of
675
....
Dowress, dying, pendente lite; pro-
Damages, to be assessed by jury on
ceedings..
679
...
assignment of dower, when......
no judgment for, when..
676
Election, widow may elect to take
677
slaves, &c., absolutely.
669
execution on judgment for, how
awarded...
679
may elect to take child's share in
real estate...
670
Devise of Real Estate shall be in lieu
to be made by declaration in writ-
of dower, when……………..
671
•
ing, when..
670
...
INDEX.
1763
Dower.
Election, husband dying without a
child, &c., widow may elect, 669,
in case of jointure...
PAGE.
Dower.
670
672
when to be made..
670,
671
notice to be given to widow of
Minor, proceedings of, to get admea-
surement of dower......
heirs not to be prejudiced, when..
Notice, of partition of slaves, when
and how given………………….
PAGE.
677
677
673
right of
670
Execution, for annuity of widow...
679
Guardian, action against, ward not
on petition for dower, to be given,
to be given widow, of right of
election....
674
670
bound, when.
677
681
with, void....
677
....
672
676, 677
676, 677
673
674
judgment obtained by collusion
may prosecute action...
Heir may prosecute action........676,
Husband, purchasing land and not
668
obtaining conveyance in his life-
time, wife to be endowed…………………….
land of, sold after his death for pay-
ment of purchase-money....668, 669
acts of, not to prejudice right of
dower..
not having actual possession, wi-
dow to be endowed...
joint-tenant, widow to have dower,
may prosecute suit on death of
dowress..
.670, 671
of insane woman, may file petition
to sell real estate....
674
674
to be given obligors in bond, be-
fore judgment.....
Partition of slaves, how made....
Petition, for partition of slaves, 672,
widow may file, for dower.....
to assign and admeasure dower,
by guardian; proceedings on,
676, 677
677
person not concluded by certain
proceedings, may file.....
where filed, when lands lie in dif-
ferent counties..........674, 676, 677
by heir or legatee, notice of...676,
by creditors....
parties not notified, proceedings... 677
Publication, order of; when awarded;
677
676,
677
how and when made; effect and
contents of……………..
679
674
680, 681
Renunciation, of provision made for
widow by will..
671
681
of jointure.....
672
Revocation, of order of court allow-
to give bond for maintenance of
.....
wife, when...
may be required to give new bond, 681
failing, order of court.
681
....
ing husband to sell real estate
to make investment for benefit of
free of dower...
681
wife.....
681
effect of order of...
681, 682
Joint-tenant, widow of, to have
dower....
Sale, of wife's interest in husband's
674
real estate.
Jointure, contract for, when and how
to bar dower...
671
married woman having, shall not
claim dower, when.....
......680, 681
by husband not to defeat dower....
order of, may be annulled by cir-
cuit court....
670
681
672
Slaves, widow entitled to share in,
widow may renounce, and have
how
...
....
669
dower....
672
shall cease and determine, when...
forever barred, when......
Judgment, by default, on petition
for dower.
672
widow may elect to take, in lieu
of dower
669
672
county court may make partition
of........
.672,
673
675
court shall render, for dower, when,
heirs and legatees, how secured...
Summons, writ of, in dower, not to
673
675, 676
abate......
676
of allowance, in lieu of dower,
when.
shall be served on widow, when,
676
676, 677
no, for damages, when.
677
Widow, of what property endowed,
to retain dower, when and how....
obtained by collusion, effect of ……..
Jury, on petition of widow for
dower..
678
668, €69
677
what share of slaves, entitled to... 669
what entitled to, when husband
675
shall determine proportions of par-
ties interested, when.....
damages shall be assigned by,
when..
....676, 679
yearly value of dower shall be as-
sessed by.....
dies without heirs......
may make election in lieu of dower,
669
675
....
669, 670
provisions for, when property sub-
ject to payment of husband's
debts....
669
679
Legatee may prosecute action....676, 677
Lien for purchase-money to have
priority over dower...........668, 669
may renounce jointure......
may remain in mansion-house until,
may elect to take dower, how and
when.....
670
672
672
1764
INDEX.
674
674, 675
676
Dram-Shops.
Widow, may sue for dower, and re-
cover damages
.....673,
may file petition for assignment of
dower...
judgment of allowance to, in lieu
of dower....
PAGE. | Dram-shops.
PAGE.
County Court, duties of............684, 685
County Court, not to grant second
license where first has been re-
voked.....
.......687,
...687,
Debts for liquors not recoverable....
Dram-shop Keeper, defined.....
688
683
683
petition against, for admeasurement
of dower....
action against, to admeasure dower
allowed..
.676, 677, 678
677
shall have judgment to retain
dower....
678
yearly allowance to, how collected,
Wife, devise to, in lieu of dower......
679
671
must be licensed, how..........683,
may be licensed in vacation......
not to assign or transfer license...
not to keep at more than one place
at same time....
free negro or mulatto cannot be...
county court may revoke license of,
to be notified.
684
685
683
683
684
687
...687,
688
jointure of....
672
by what acts of, dower forfeited,
........671, 672
dying before action brought, who
liability of, for selling liquor to
slaves
.686, 687
act of clerk, &c., deemed the act
of....
687
to sue.
679
....
dying, pendente lite; proceedings,
insane, husband of, may petition
for sale of real estate..
679
selling on Sunday, license forfeited,
&c......
687
to give bond..
684
680
Intoxicating Liquors, not to be sold
insanity of, how ascertained.....
680
without license.
683
....
an interest in real estate may be
construction of term
688
assigned to.....
681
an amount may be invested for use
of .....
may be sold at place of making;
not to be drank there.....
685
681
Licenses, applications for, to county
profits and dividends applied to
support of.....
court....
.683, 684
681
not to be granted to free negroes
Will, devise by, in lieu of dower,
when....
671
provisions of, when, and when not,
accepted by widow....
or mulattoes.
not to issue till collector's receipt
is produced.....
....
684
685
671
Writ in dower not to abate, when...
676
DOWER-(See, chapter Partition.)
DRAM-SHOPS.-CHAPTER 57...682 to 688
Agent, sale by, to minor, construed
to be the act of dram-shop
keeper.
Ad valorem Tax, when to be imposed,
Affidavit of applicant of amount of
stock...
Application for license, how made,
may be granted in vacation.....
number of, to be reported by clerk,
renewal of, ad valorem tax not
charged on......
not granted, when.......
not obtainable for two years, when, 687
685
685
685
.684, 685
forfeited, when.
who shall not obtain..
688
687
may be revoked....
.687,
688
684
Limitation to actions against dram-
shop keeper......
....686, 687
684
Master or Owner of slave liable for
costs, when.………….
686
.....
683, 684
Merchant's right to sell liquors, not
Applicant to prove good character,
affected....
686
683, 684
Minor, sale of liquor to, without con-
Bond, applicant to give, before license
granted.....
684
Circuit Attorney, duties of..
686
Circuit Court, to charge grand jury
on this act...
686
Clerk, sale by, to minor or slave,
dram-shop keeper liable for......
687
Clerk of County Court, duties of....
685
Collector, duties of....
685
Complaint for violations of this act;
sent of parent or guardian......
Notice to be given of application to
revoke license.......
Penalties for violating this act........
Remonstrance by voters of city, &c.,
may be made..
Repealed, what act.
Slaves, not to have liquor, without
permission from master.....683,
..686, 687
687
...
687,
688
686
.684, 685
684
proceedings
686
Construction of this act...
688
not to sell; proceedings against
for selling; punishment.....
686
Costs, paid by master or owner, when,
686
Tax, on licenses...
684
paid on application of losing par-
ty, when.......
.......687,
may be imposed by incorporated
688
towns, &c., on licenses, &c...... 686
687
INDEX.
1765
621
Hjectment.
Tax, amount of, to be determined by
PAGE. | Elections.
684
county court...........
DRAM-SHOPS, keeping, open on Sunday, 631
Driver of Stage, &c., punished for
intoxication.
Druggist subject to tax as merchant.. 1078
Drunkard, children of, to be appren-
Improvements, value of, to be ascer-
tained, when.
exceeding value of land, order of
court..
PAGE.
694
...
694
compensation for, not to be paid
after notice......
695
occupying claimant shall not re-
cover twice for.......
695
ticed......
188
made prior to January 23, 1816,
Drunkenness, habitual, good cause
not to be paid for.....
695
for divorce.
662
...
Dunklin County, limits defined
477
Duplicity (See, chapter Practice
Injunction may be granted, when....
Joint-tenant, if plaintiff in action,
shall show, what
694
692
in Criminal Cases.)
Duties, on sales at auction...
282
Judgment, for costs and damages,
when..
693
Dwelling-house, burning of….....
571
what deemed, in cases of arson....
what deemed, in cases of burglary,
Education, to be encouraged.
of apprentices provided for......
of minors provided for……………...
571
shall be for recovery of premises,
&c.......
693
......
573
for possession, what proceedings
79
shall be had to obtain..
693
189
of dispossession.....
693,
694
826
•
in favor of occupying claimant....
694
EJECTMENT. —CHAPTER 58....688 to
695
of conveyance to occupying claim-
ant........
694
Answer, contents of..
694
requiring plaintiff to pay for im-
Action, for recovery of possession,
provements..
694
maintained in what cases...689,
690
for damages, when.....
695
Actual Ouster, plaintiff required to
show
692
Appeal, in favor of defendants in
ejectment not allowed, unless,
&c...
693
recognizance in, shall be in what
sum..
.693,
694
condition of recognizance on...693,
Averment, petition shall contain,
694
what..
691
those entitled to have, although
joined with others not entitled, 692
to be a bar, when, and between
whom.......
Notice, to claimant, effect of....693,
Occupying Claimant, conveyance shall
be made to, when..
..694, 695
land may be divided between oc-
cupying claimant and plaintiff,
when..
......694, 695
shall not recover twice, for im-
provements.......
695
695
695
Compensation, for improvements re-
covered on judgment of dispos-
session...
Partition shall not be ordered, when,
Payment of money adjudged, when,
695
694
694, 695
petition filed for, shall state what,
Co-defendant, who may be made, on
694
Petition, what shall be averred in,
.691, 694
motion......
691
Plaintiff, to recover, shall show what,
Damages and Costs, when and how
....
690,
692
collected...
.....693,
695
judgment for, when rendered…………...
Defendant may give in evidence,
what..
692
shall recover damages, when....
Pleadings regulated...
692
691
692
Rents and Profits, value of, shall be
found by jury, when...
693
Ejectment, may be maintained, when,
action of, tenants in common may
join in.....
690
690
shall be prosecuted in real names
of parties
....
.690, 691
Tenants in Common, may join in ac-
tion of ejectment.
required, on trial, to show, what.
Waste and Injury, damages for, how
recovered...
690
692
692
in actions of, what defendant may
plead.....
691
Evidence, what shall be prima facie,
may be rebutted, when and how..
Execution, may be had for damages
692
692
Writ of possession, when to issue;
command of service, &c.....693, 695
EJECTMENT, tenant sued in, to notify
landlord
1011
and costs....
693
by landlord, when…………….
.1014, 1016
how regulated
695
writ of, to issue..
Improvements, compensation for, how
recovered......
|
695 ELECTIONS.-CHAPTER 59.....696 to
Abstract of votes, in what post of-
712
694
fice delivered; where directed... 701
1766
INDEX.
Elections.
PAGE. | Elections.
PAGE,
Arrest, judges, clerks and voters,
shall be free from.........
Attorney-General, contested election
of, how decided..
to enter upon duties of office, when,
when elected; tenure of office......
Auditor of Public Accounts, when
elected; tenure of office....
vacancy of office, how supplied...
contested election of, how decided,
•
....
to enter upon duties of office of,
when
Ballot, vote by, in St. Louis county,
what number shall be entered on,
Certificate of Election, how and
when given and transmitted, 698,
Contested Election, of sheriff, pro-
704
ceedings in.....
705
of clerk, how and by what power
...
..709,
710
determined
....
705,
706
712
of coroner, how decided...
705
698
of constable, how decided.....
706
698
of justice of the peace, how de-
cided.....
706
705
of county surveyor, shall be de-
cided, how...
706
709, 710
of a county court justice, how de-
cided.....
706
712
notice of, how given...
706
700
what notice necessary in, 705, 706,
700
...709, 710,
711
701, 702
notice of, shall contain, what
party having certificate shall give
notice...
705
706
person holding, may enter on du-
ties of office..
706
Circuit Court, shall decide contested
shall be determined, how....705 to
parties to, consenting, new elec-
tion may be had
711
707
elections of sheriff, how..
705
notice of, to be given......
705
contested election of judges of, how
of Senator, or member of House
of Representatives, proceedings
in......
707
decided....
.710,
711
notice of, to be given..
.710,
711
other contested elections decided
by..
.705, 706
Clerks of County Courts, duty rela-
tive to certificates of election...
shall make copy of order of elec-
tion districts and deliver to she-
im...
701
contestor shall give notice.
notice of, shall contain, what
justice to take depositions in
contestee in, shall select justice...
contestee in, to give notice....707,
contestor in, shall select justice,
when....
707
....
707
707
707
708
707
justices shall take deposition in ...
707
...698,
699
duties of..
to furnish poll-books, when……………...
shall deliver poll-books to sheriff,
shall compare returns publicly....
duty of, in making out and trans-
mitting abstract of votes.......
neglecting, proceedings; penalty
against....
allowance to, for transmitting re-
701
699
rebutting testimony in, may be
taken
708
699
taking of depositions shall be com-
menced, when......
708
701
701
.700,
701
justices shall certify testimony..
what testimony shall be received in
for Governor and Lieutenant-Go-
vernor, how decided.......
petition presented, how, and by
whom....
708
708
709
709
turns
703
joint committee to be appointed;
Clerks of Election, to be appointed
powers of.....
709
by the judges
699
shall take oath, &c..
699
shall attest certificate of judges...
700
shall note the crying of votes, how,
700
depositions, how and when taken,
cross-examination allowed.........
committee on, shall report, what..
day fixed for decision upon, 706,
709
709
709
penalty on, for failing to perform
707,
709
duty.
703
shall be free from arrest, when....
704
compensation of……..
………………..711,
712
Commissioner appointed to take tes-
timony, when...
711
decision upon, how made, 706,707,
costs in, how adjudged......
party holding certificate may give
bond and discharge duties of
office.......
709
707
706
duties of
711
Compensation of judges and clerks of
election..
711, 712
Congress, special election of mem-
circuit court to decide, when, 705,
Legislature to decide, when……………..
Senate to decide, when.........709,
Supreme Court to determine, when,
711
709
710
bers of, when....
702
Constable of township, duties of.....
704
Contestee, proceedings of, in taking
depositions
706
shall select justices of the peace..
708
..710, 711
county court to determine, when.. 706
Coroner, contested election of ...705, 706
County Court, shall name where
election shall be held.........
698
INDEX.
1767
709
698
698
ral Assembly..
698
....
....
held for Senators and Representa-
tives
698
judges of, how appointed......
shall be conducted, how........699,
writ of, to fill vacancies, how is-
sued....
duty of officers attending on......
judges of, shall open polls, when,
in city and county of St. Louis,
how conducted..
698
Elections.
County Court, shall appoint persons
to hold elections
....
may divide townships...
PAGE. | Elections.
698
698
failing to appoint judges, proceed-
ings
698
may establish precincts.
698
..698, 699
707
order for division of townships,
how made......
Costs, how adjudged in contested
elections
Depositions, either party may take,
when...705, 706, 707, 708, 710, 711
may be taken as in civil cases,
when......
notice to take, when and how
given........ ..705, 706, 707, 708
in case of contest for Governor or
Lieutenant-Governor, how taken,
Elections, general, when to be held,
for Governor and Lieutenant-Go-
vernor, to be held, when ......
certificate of, transmitted to Gene-
706
Justices of the Peace, duties of, in
taking and certifying deposi-
tions, &c...…….
Lieutenant-Governor, when elected,
contested election of
Messenger, Secretary of State shall
despatch....
mileage allowed for..
PAGE.
707, 708
698
709
701
703
703
....
.703,
704
704
707
failing to carry returns, penalty...
Naturalization Papers, to be pro-
duced, when..
when not required to be produced,
New Election may be awarded,
when....
Notices of contested elections, how
and by whom, given, 705, 706,
707, 710,
Oath, voter shall take, when.....703,
to be taken by judges of elections,
to be taken by clerks..
Order, making election districts,
copy of, to be put up, where, 698,
Precincts, how established .......698,
Poll-books, how and by whom fur-
nished; to whom delivered; how
returned...
711
704
699
699
699
699
699
705
Polls shall be opened, when..
Proclamation for special election,
700
699
....702, 704, 705
704
Qualification of voter, how tested,
700
....
703, 704
700
judges of, may punish for con-
tempt........
Register of Lands, when elected;
tenure of office.....
to enter upon duties of office,
698
704
duty of constable at.
704
.....
when......
contested election of
...
712
.....709,
710
special, held when a tie vote; pro-
ceedings
702
....
contested, proceedings.......705 to 711
Election Districts, townships shall
Representatives and Senators, elec-
tion of.........
contested election of.......
:
698
707
Returns of election, how made.
701
compose
698
.....
Fines, &c., how appropriated.........
Governor, duties of.
712
Secretary of State, duties of, in re-
lation to elections
701, 702,
703
699
in case of vacancy, to order spe-
contested election of .......709,
to enter upon duties of office,
710
cial election.....
.699,
705
when......
712
contested election of, how decided,
election of, where and how deter-
709
mined
...
.702,
703
when to be elected
698
Judges, contested election of, how
when elected; tenure of office...
Senators, contested election of..
Sheriff, to deliver poll-books
to fix place for holding elections,
when
698
707
....
700
698
decided....................709, 710, 711
proceedings in cases of contested
election of
710,
711
to give notice of election....
in case of tie vote, duties of, 704,
contested election of, shall be de-
699
705
of election, to take oath
699
cided, how
....
705
...
of election, penalty against........
vacancy in office of, how supplied,
of election, compensation of..711,
Judges of Elections, powers and du-
ties of......
703
705
Special Elections, in case of a tie,
how ordered
702
712
699, 700, 703,
704
Special Messenger may be despatch-
penalty against......
703
compensation allowed to.......711,
Justices of County Courts, when
elected....
FF VOL. II.
712
698
Governor may order returns of,
how
ed for returns, when..
Superintendent of Common Schools,
contested election of, how de-
cided.....
702
701
......709, 710
1768
INDEX.
.....
Electors.
PAGE.
Supreme Court Judges, contested
election of, how decided....709, 710
to decide contested elections,
when,
..........710, 711
shall appoint commissioners to
take testimony.
....
....
Testimony, how certified in contest-
ed elections
Compensation, for carrying returns
and notices.......
of electors, how audited and al-
lowed....
Contested Elections, how determined,
Districts, the State divided into nine,
of what counties, composed...712,
new, to be laid off, when and by
PAGE.
715
715
715
711
712
713
708
what, shall not be received........
Tie vote, proceedings in case of, how
709
whom.
713
...
Election, when and where held.......
714
decided....
.702, 704, 705
how conducted.
714
Treasurer of State, elected, when;
tenure of office.....
698
to enter upon duties of office,
when........
712
contested election of, how decided,
..709,
710
Vacancies, how filled
699,
705
Voter, proceedings when vote of, re-
jected
704
free from arrest.........
704
foreigner, required to produce pa-
pers
....703, 704
oath may be administered to,
who qualified to vote at..
returns of, to be made to clerks;
by clerks, to Governor........
in case of a tie, by whom deter-
mined......
....
.....
Electors, when and how to be elect-
ed.........
one to be chosen in each district..
to be notified of election, how..... 715
list of persons chosen to be deli-
vered to....
when and where to meet; their
duty....
714
714
714, 715
714
714
715
...
715
when
..703,
704
their compensation..
715
to appoint judges, when
698
Votes, how and by whom certified
and cast up
700
Governor, duties of......... 713, 714,
Judges of Election, duties of......
Proclamation to be made of new dis-
715
714
shall be given viva voce.......
abstract of, to be made.......
when rejected by judges, proceed-
ings....
703
tricts......
713
701
Secretary of State to dispatch mes-
senger, when......
714
704
Vacancies, how filled............. 715,
Votes to be added up by Governor...
716
714
716
20
.26,
27
67
Witnesses and Depositions in con-
tested elections, 705, 706, 707,
708, 710,
Writs of Election may be issued, 699,
...702, 705
...
Election, of members of Congress,
.....
...
.21, 712 to
qualification of voters in...
of President of the United States,
qualification of voters in, in this
State.....
of presidential electors, districts
711 ELECTORS of President and Vice-Pre-
sident of the United States, how
chosen.....
26, 33,
how made.....
34
Elisors, may be appointed, to serve
process, when..
538
where offices of coroner and mar-
shal are vacant.
1468
for, established..
bribery to secure..
...
.....
.348,
349
612
betting on, or becoming stake-
holder
by Legislature, how made and au-
thenticated....
630
1039
.....
(See, chapters Corporations
Mi-
ning, Mechanical; County Trea-
suries; Court-Criminal; Court
-Land; Court-Probate;
Courts Judicial Circuits -
Terms; Dower; Gaming; Jus-
tices' Courts, and Schools.)
ELECTORS.-CHAPTER 60..... 712 to 716
Apportionment, in case of new, Go-
vernor to lay off districts......
713
Emancipation of slaves, by Legisla-
ture, forbidden………...
by owners, may be authorized..
Embankment of dams, destroying... 585
Embezzlement, of estates, proceed-
of property of minors, proceed-
by justice of the peace, of money
received under the salvage act.. 1403
of lost or wrecked boat, &c......... 1403
(See, chapters Administrations;
Corporations-Road Asso-
ciations; Crimes and Punish-
ments, and Guardians and Cu-
rators.)
Embracery defined; punishment...... 601
Endorsee (See, chapter Practice
in Civil Cases.)
Endorsement, forgery of............... 589
(See, chapter Evidence.)
69
70
1478
ings.
....
ings
...
130
826
.
INDEX.
1769
Escheats.
Engine, destroying or injuring, 583,
for counterfeiting, making, having,
&c.....
Engineer of steamboat, when guilty
of manslaughter....
PAGE.
584
596, 597
562
(See, chapter Crimes and Punish-
ments.)
English Language, writs, process,
&c., of courts to be in..
(See, chapter Schools.)
England, certain statutes of, prior to
fourth year of James I., in force
in this State....
Engraving counterfeit plate..... 596,
Entails not allowed.......
Enticing away child..
538
Escheats.
PAGE.
Attorney-General and Circuit Attor-
ney, duties of, in relation to es-
cheated estates... 717, 718, 720, 721
Auditor of Public Accounts; his du-
ties....
Certificate of Auditor, when given to
717, 720
Circuit attorneys, duties of, 717, 718,
Claimants of estate, when they are
to appear..
Costs, how adjusted and paid, 717,
718, 719, 721
defendant, when entitled to re-
cover....
administrator.....
717
720
721
1020
...
597
719, 720
355,
356
568
...
shall not be adjudged against
State, when.
County Court, administrator to settle
with...
721
717
66
shall grant duplicate certificates,
when..
717
626, 627
626, 627
Entry-(See, chapter Limitations.)
Enumeration of inhabitants, when,
how, and by whom taken.... 65,
E. O. Tables, setting up, keeping,
&c....
Equality, playing at, keeping, &c.,
Equity of Redemption, when sold by
executor or administrator........ 142
of mortgages, how foreclosed...... 1087
Erasure, total, when forgery... 594, 595
Error, writ of, on orders vacating or
affirming awards……..
Decree of court, when and for what
made.....
719, 720, 721
Devise, person dying without, effect
of..
716
Escheat, real and personal property
shall...
716
Estate shall vest in State, when......
Execution, may issue against admi-
716
197,
198
nistrator
717
in cases of dower...........
680
in cases of escheat..
720
Heirs, &c., none known, what pro-
ceedings...
716, 717
in freedom suits.
812
in cases of partition....
1122
(See, chapters Assignments-Vo-
luntary; Court-Criminal;
Court-Law
Commissioner's;
Justices' Courts; Practice in
Criminal Cases, and Practice in
Civil Cases; and title, Writ of
Error.)
proceedings of, to recover real es-
tate escheated..
Issues, how made up and tried.
Judgment, against administrator,
when and for what...
rendered for State, when......
upon verdict, when and how.......
shall contain description of estate,
720
719
....
717
719
719
when..
720
Escape, aiding prisoner to.
605
conniving at or suffering...
607
Legislature may sell lands escheat-
ed, how...
721
(See, chapter Practice in Criminal
Cases.)
Limitation shall bar action, when,
Motion against administrator and se-
721
721
curities, when...
717
ESCHEATS. CHAPTER 61.... 716 to 721
Administrator, shall account when
there are no known heirs... 716, 717
balance on hand to be certified, to
whom.
Notice, of motion against adminis-
trator
717
to be given to securities..
717
717
Petition, of legal representatives....
of heirs, to recover land.……………….
720
720
shall pay balance into State trea-
copy to be served......
720
sury.
717
...
...
Property shall escheat to State,
shall deliver receipt to State Au-
when...
716
ditor
717
Publication, of scire facias.......
719
to be credited for amount, when..
may be adjudged to pay costs,
when.....
717
order of.
719
...
Real Estate, in escheats of, proceed-
717
ings...
719
judgment against..
717
claimants to, may appear and
notice to be given to
717
....
plead.
719
execution to issue against..
717
judgment shall be rendered for
settlements of..
717
....
State, when....
719
process to issue...
718
seized by sheriff, when......
721
Appeal and Writ of Error allowed... 720
General Assembly may sell, when, 721
1770
INDEX.
Evidence.
PAGE.
Evidence.
PAGE.
Scire Facias, to issue, when, and
against whom………………..
718,
719
shall be served, when and how....
719
Securities, motion against..
717
...
notice to be given to......
717
Seizin, writ of, shall be issued,
register.
when.
721
command of writ of...
721
Survey may be ordered, when....
719
Bill or Note, assignment of, how
proved...
protest of note, how proved......
Births, copy of register of, evidence,
affidavit to be made by keeper of
Bonds, suits brought upon copy of,
court may require original......
assignment of, how proven.
731
733
728
728
729
731
...
Transcript, of record to be deposited,
where
720
Books, printed by what authority,
shall be evidence.
723
of judgment to be recorded,
when
720
Treasurer, duties of..
717
of marriages, copies of, evidence,
Certificate, copies of, of recorder of
land titles...
729
724
720,
...
....
.....
warrant to issue to..
...
Waste, administrator liable for.
Writ of Error allowed.
Writ of Seizin to issue.
ESTATES, forfeiture of, abolished, 84,
85, 642, 643
course of descents of, directed,
659 to
real, mode of transfer by deed-
(See, chapter Conveyances.)
what conveyances of, deemed
fraudulent and void......... 802, 803
of infants-(See, chapter Guar-
dians and Curators.)
of insane persons
Insane Persons.)
(See, chapter
lien of judgments upon real........ 902
decrees concerning real, to be re-
of confirmation of commissioners
to adjust land claims..
of New Madrid certificates.
of French and Spanish grants.....
of title, from Livre Terrein......
by recorder of French and Spanish
721
of survey by French or Spanish
718
government..
724,
725
720
720
of acknowledgment of conveyance,
of notary public protesting bill of
exchange, evidence.
726
733
...
661
to be filed in cause, when..
Certified Copies of laws in sister
States, evidence, when.......723,
of acts, laws, &c., in office of Se-
cretary of State....
733
724
723,
724
of law, &c., contained in books,
when....
724
724
724
724
725
grants
724
....
corded...
907
•
Estimates, of cost of bridges, to be
of plats, surveys, &c., kept in sur-
veyor general's office..
725
made...
324
of deed, when lost.....
726
of cost of county buildings to be
made.....
of revenues and expenditures of
State to be prepared by Au-
ditor.
1540
Estoppel, deeds operate as, when....
EVIDENCE.-CHAPTER 62..... 722 to 734
Abode, place of, what shall be deemed
the.
of proceedings by justice..... 727,
of papers in office of Secretary of
State...
from docket of justice out of office,
of ordinances, &c., of incorpo-
rated town.
of register of religious society....
from book of marriages..
728
500
727
728
355
728
....
728
729
of bonds of officers...
729
732
of contracts, &c........
729
Acknowledgment, certificate of, shall
be evidence, when....
Affidavit, made by clerk, pastor, &c.,
when....
726
of executors' and administrators'
bonds.
729
728
translated, of instruments of writ-
ing..
729, 730
of witness, prima facie evidence
of assignment of bond, bill or
note....
of papers in Treasurer's and Au-
ditor's offices..
730
.....
731
of witness to prove partnership,
.......731, 732
such, may be taken, how and be-
fore whom....
Common Law, of sister States, evi-
dence of...
731
Confirmation, copies of, of commis-
sioner of land claims...
724
732
Conveyances made by Governor, con-
to be filed before justice or in
court, when
Assignment, of bond, bill or note,
firmed.
732
732
...
how proved....
731
Copies, of confirmations, evidence...
of certificate of recorder of land
titles
724
724
affidavit of, to be filed in cause,
when
of acts, laws and resolutions, de-
732
posited with Secretary of State, 724
INDEX.
1771
Evidence.
Copies, of petitions, grants, returns
of survey, contained in land-
book, evidence..
...
PAGE. | Evidence.
PAGE.
725
of original, lost or destroyed.....
of papers kept by the United States
Surveyor.
725
Domicil of person, what deemed..... 732
Exemplifications from the books of
the executive departments, &c.,
evidence
731
725, 726
Endorsement on bond or note, how
proved...
731
of deed recorded more than twen-
ty years...
Identity of grantor to be proved,
..726, 727
...
of proceedings before justices of
the peace....
727
of papers in office of Secretary of
State, Auditor, Treasurer and
Register
727
of entries at land-office......
727
of records of incorporated compa-
nies..
727,
728
of enrollment of steamboat...
of books and papers of justice of
the peace filed with county clerk, 728
of proceedings before justices of
the peace out of office.......
printed, of orders, rules and reso-
lutions of city or incorporated
towns
728
when
Justices of the Peace, proceedings of,
how made evidence... ......727,
proceedings of, when out of office,
Lands, vested in State by certain act
of Congress, to enure to pur-
chaser
possession of, for ten years, and
deed recorded, deed or copy evi-
dence.....
726
728
728
732
733
Marriage, copy of register of, evi-
dence.....
728, 729
728
affidavit to be made by keeper of
register of......
728
728
of register of marriages, births,
deaths and interments.
728
of book of marriages..
729
of bonds of officers.
729
New Madrid Certificates to be re-
ceived in evidence....
Notary Public, certificate of, evi-
dence, when and of what.........
Notice, certain records shall impart,
Original Records, &c., evidence......
Patents, executed by Governor, con-
724
733
731
725
of contracts entered into by indi-
viduals with State.......
firmed
732
729
of translations.
er or Auditor....
of bonds of executors, curators,
guardians, commissioners.....
of papers deposited with Treasur-
of records and judicial proceedings
729
.729,
730
Partnership, how proved..........781,
affidavit of, to be filed in cause,
when..
....731, 732
Protest, of bill or notes, how proved,
certificate of notary to be filed in
732
733
730
cause.
733
....
...
of courts of sister States and
United States...
Public Documents of Congress, evi-
dence...
724
730
of books kept in public offices, of
sister States or United States...
of executive departments of United
States
730
Records, certain, shall impart notice,
copies of, shall be evidence......
Register of Lands, to record letters,
instructions, &c., from land de-
731
731
731
partment
733
733
727
...
of certain letters, instructions,
lists...
733
of certain records.....
731
Death, of person presumed after
lapse of seven years.....
731
728
of ancient archives deposited with
recorder of St. Louis county.... 733
of deeds in recorder's office affect-
ing real estate, prima facie evi-
dence, when.....
of letters of superior officer in land
department, evidence....
copy of register of, evidence....
Deed or Conveyance, shall be evi-
dence, in what cases........
....726, 733
may
be read in evidence on certain
proof....
recorded, and possession of land
under, for ten years, evidence...
...
Digest of Maryland, evidence....
of Tennessee, evidence….……………..
726
733
papers in office of, evidence.....
Reports, printed, of cases adjudged
in sister States, evidence.........
Residence of persons, what deemed,
Statutes, of this State, evidence.....
of sister States and Territories....
copies of, certified by Secretary of
State
of acts of Congress.
books purporting to contain laws
of sister States, evidence.......
of Maryland and Tennessee..
Title, deed, &c., offered in evidence
of, evidence may be produced to
reject it.
...
...
727
732
to land, vested in purchaser, when,
Translation, into English language,
of papers, evidence, when..729, 730
730 EVIDENCE of conviction of principal
730
not necessary, when.........
580
727
731
732
723
723
723,
724
724
724
730
1772
INDEX
PAGE. | Executions.
603
Executions.
Evidence, not necessary on charge of
compounding offences, when.....
of overt acts in case of conspiracy, 621
(See, chapters Administration;
Asylum-State Lunatic; At-
torney-General Circuit and
County Attorneys; Corporations
- Mining, Mechanical; Forcible
Entry and Detainer; Fraudulent
Conveyances; Guardians and
Curators; Justices' Courts;
Practice in Civil Cases; Practice
in Criminal Cases; Revenue;
Town Plats, and Witnesses.)
Evidence of Debt-(See, chapter
Attachment.)
Examination of Parties-(See, chap-
ter Practice in Civil Cases.)
Exceptions (See, chapters Assign-
ments-Voluntary; Attachment;
Practice in Civil Cases; Practice
in Criminal Cases, and Reve-
nue.)
Excessive Bail, not to be required, 33,
Exchange, bills of.
of counterfeit money...
84
.292 to
298
.591,
593
EXECUTIONS.-CHAPTER 63...734 to 753
condition of broken, levy a lien...
officer may seize any other pro-
perty
plaintiff may move for a judgment
on.......
PAGE.
Bond, right of action on, barred,
unless, &c.....
744
•
being given, property may be re-
tained.....
745
approval and condition of such
bond....
745
745
745
......
745
745
745
745, 746
742, 743
744
744
749
motion on, how heard and deter-
mined.
.....
second, not to be taken....
liability of officer on, for neglect,
Claimant, of property seized, to give
notice...
may prosecute on indemnity bond,
when barred of his right of action,
Clerk of court, his duties, 736, 737,
738,
what he shall endorse on execu-
tions and sheriff's deeds....738, 749
Collector, not to be summoned as
garnishee...
737
Construction of term "real estate,'
Copies of Deeds, evidence.....
753
749
Acknowledgment of deeds, before
Corporations
(See, Bank).
740
whom......
........748, 749
Costs, by whom paid......
743
Administrators, execution not to is-
sue against, when......
741
of deceased sheriffs to deliver writs
not executed.……..
749
responsible for failing to make de-
livery
749
County Buildings, not subject to…………..
Death, &c., of officer, proceedings...
Debts, of husband, wife's property
not to be taken for......
of wife, husband's property not
liable for..
737
749
754
754
Animals, what and when, exempt
from execution.
738
Deed, of real estate, by officer, what
it shall recite...
748
selected by defendant, to be ap-
praised.......
..739, 740
sold for more than sixty-five dol-
lars, proceedings..............739, 740
Apparel, wearing, exempt from exe-
cution.
Application, to stay or quash execu-
tion
...
must be acknowledged, before
whom....
748,
749
certificate thereof, to be endorsed,
how proved and recorded.... 748,
how obtained, when officer is dead,
749
749
738
&c..
750
752
Defendant, form of execution against
estate of...…….
736
Bank, stock and shares in, liable to
be seized and sold.....
what required of cashier of......
rights and shares in, how levied on,
can be claimed by another, how,
real estate of, may be seized upon,
740
740
may elect what property to be sold;
742
proceedings....
742
742
giving bond, may retain property
levied on....
745
742, 743
748
740
747
743
743
...
745,
746
stock, bill of sale of, to be given
by officer to the purchaser; its
effect, &c.........
Bills, issued by any moneyed corpo-
ration, may be seized and sold..
of sale, to be given by officer...
Bond, of indemnity to officer.……….
condition of………………..
must be returned and filed....744,
......
claimant may prosecute on......... 744
Evidence of debt liable to be seized,
Execution, in whose favor, may issue, 735
on breach of bond, what property
seized.
745
Delivery Bond, to be returned with
execution...
745, 746
no second, shall be taken, when...
Devisee, execution against....
745
736
Duty of new sheriff as to unexecuted
executions.
749
Duties of clerk of court....736, 737,
738, 749
741
INDEX.
1773
Executions.
Execution, what property to issue
against..
shall be a fieri facias..
PAGE. | Executions.
PAGE.
736
exempt from...
736
Head of a Family, what property of,
married, and absconding, wife to
738, 739
form of...
736
have property..
740
when against heir or devisee..
when returnable..
736
Husband, property owned by, before
737
marriage, exempt, when.
754
where to be directed and executed,
Jury, may be summoned, when, &c.,
737, 738
.742,
743
at option of plaintiff, may be di-
rected, how...
garnishees can be summoned…………….
regular index to, abstract of..
property exempt from, when owned
by single person..
effect of verdict of......
743
...737,
738
737
Justices of the Peace, jurisdiction of,
in certain cases..
746
738
738
administrators........
when owned by head of family,738,
inventory to be returned with......
property exempt from, can be
claimed by the wife, when.......
wife's property not liable to be
seized, and sold upon..
lien on personal property from de-
livery of.......
time of reception of, to be endorsed,
two or more delivered on the same
day, &c., to have equal rank....
levy of, and proceedings on, against
banks.
739
739
leases of lands not subject to sale
under execution from....
Justices' Courts, executions from,
what sections to apply to.........
Lawyers, privilege of selecting books,
753
746
......738,
739
740
754
Leases, what subject to execution....
Levy, meaning of the word......
Lien of execution....
753
753
741
not to issue against executors or
741
....741,
742
742
Mechanics' Tools exempt..
...
742
742
sale of personal estate upon, no-
tice, &c.
744
execution....
sale to be fifteen days before re-
turn of.......
746
sale of real estate taken in, when
and where to be made, and what
notice.
>
744,
746
how conducted, within what hours,
real estate, when to be divided....
747
744
officer not to purchase property on,
747
Liability of officer, sheriff, &c.
(See, their respective titles un-
der this act.)
Loss on property resold, how re-
covered.
Medicines, when exempt.
.738,
Ministers, privilege of, to select
books,
Notice, to be given to defendant in
....
when and how served..
of sale to be given, when..
Party who may have execution...
Payment may be made to officer by
persons owing defendant.........
Personal Property, execution to be a
lien on....
proceedings by claimant on seizure
747
738
739
738, 739
746
747
....
746
...
735
753
....741, 742
when liable for amount of...
751
of....
742,
743
shall be continued in force, when,
when, to be sold, and how.
744
and to what time......
748
may be quashed, or set aside....
752
when, may be retained by the de-
fendant...
745
judge may order stay of....
752
property bound by, not released by
bills of sale of, to be given, &c....
Petition, to stay execution.
747
752
...
stay.
752
how verified..
752
perpetual stay of, when.
753
to be returned by judge, to what
lease upon lands subject to.......
753
court..
753
not subject to, issued by justice of
Physicians, privilege of selecting
the peace.
753
books...
738, 739
proceedings under, in case of gar-
Property, exempt from execution,
nishee
737
what.....
738, 739
persons owing defendant, may pay
off……….
753
what liable to be seized... 740, 741
defendant may elect, what, to be
property of husband or wife, when
exempt.
754
Fees of sheriff and witnesses.
743
sold.....
when and how to be sold. 739, 742
when to be resold………..
742,
744
747
Form of execution......
736
against heir or devisee......
736
cannot be purchased by officer.....
what, may be selected in lieu of
747
Garnishees summoned, if no pro-
perty.....
737
Gold and Silver Coin may be seized
other property exempted.........
of husband or wife, exempt, when, 754
Provisions, to what amount exempt,
789
on
.....
740
....738, 739
1774
INDEX.
Executions.
PAGE.
PAGE.
Real Estate, construction of term...
what may be seized, &c........
sale of, when made, where, how,
when
753
740
...744, 746
not sold at first term of court, can
be afterwards, how....
Sheriff, executors and administrators
of, to deliver writs to successor, 749
shall execute, &c., after expiration
of term of office, &c ........749, 750
death or removal of, &c., after levy
748
deed to, to be executed..
748
to be acknowledged and recorded,
notice of sale of, when to be given,
Receipt given by officer to person
making payment...
749
•
746
753
Receiver, may be appointed; powers
and duties.....
and before sale, proceedings.... 750
when to execute a deed, by order
of court.
liable for refusing to levy, or to
sell......
liable for not paying over money,
750
750,
751
751
liable for non-return of writ, how,
741
&c.....
751
officer to act as, when..
to give additional security.
Remedy of plaintiff against officers..
Sale of real and personal property..
Sheriff or Officer, not to be sum-
moned as garnishee..
741
741
damages to be recovered against,
for default....
751
751
persons injured may proceed
against....
752
....
744, 746
persons owing defendant may pay
to
753
737
to give receipt to such....
753
to apprise the defendant of his
right to select working animals,
&c.........
Slaves may be seized and sold on
execution
740
.739,
740
what to endorse on execution.....
how to levy on shares in bank,
742
and other property
742
.....
Tools, &c., exempt from execution..
Wife, may claim property exempt...
property of, exempt from liabili-
ties of husband
738
740
754
...
may summon a jury and witnesses,
from fine and costs imposed on him
when and how....
743
in criminal cases....
754
may sell, upon receiving bond of
indemnity, notwithstanding the
verdict...
from debts incurred on account of
securityship...………………….
754
743
Witnesses may be summoned; their
no action against, on bond, when,
to sell, according to the election of
defendant.....
744
fees
743
742,
744
to give notice of time and place of
sale..
EXECUTION, on apportionment to credit-
ors of estate.
744,
746
to take delivery bond..
745
may seize any property of the de-
fendant..
161, 162
in cases of attachment.......... 256, 268
for collection of alimony. .664, 665
in cases of dower...
...
679
745
shall return delivery bond.....745,
failing, shall stand as surety for
defendant
746
745, 746
of judgment....
shall appoint day of sale, fifteen
days before return day, when...
may cause property to be resold,
when..
746
of forcible entry and detainer...
in case of fugitives from justice...
may issue at any time during lien
to issue in favor of surviving
plaintiffs, and against surviving ·
defendants.....
905
791
816
904
747
may refuse bid at sale, when.......
shall recover the amount of loss of
747
to be returned after levy, in case
of defendant's death...
made with intent to hinder, delay
905
re-sale, how.....
747
how far liable by such sale.......
shall not purchase property at sale,
any such purchase by, shall be void,
to deliver property to purchasers,
to execute written instrument, &c.,
to give deed of real estate; its
form and particulars….....
747
747
747
747
or defraud creditors, void......... 802
from justice of the peace in cases
of breach of the peace.....
in foreclosure of mortgage
stayed by writ of error..
979
1090
1297
747
748
to deliver over unexecuted writs to
successor..
749
shall be liable, with his security,
for neglect, &c., as if still in of-
fice, how....
749
new, to receive and execute all
such writs.....
749
(See, chapters Administration; At-
tachment; Boats and Vessels;
Insolvents; Justices' Courts;
Mechanics' Liens; Practice in
Civil Cases; Practice in Crimi-
nal Cases, and Schools.)
Executive Power, of the United
States vested in President ....
of the State vested in Governor....
Executor, who shall not be.......113, 114
26
72
INDEX.
1775
letters of, to be recorded; form of,
letters revoked, when, how....117,
additional bond may be required..
may surrender letters, how......
several, and part die or letters re-
voked, remainder to serve........
representatives of, to deliver ef-
fects
120
120
PAGE.
Executor, letters testamentary to is-
sue to....
114
those only to act who give bond...
to make affidavit on taking out let-
ters.
114
115
penalty on, for opening or examin-
to give bond..
116
117
119
Executor, to take into possession part-
nership property...
court to give judgment against, for
rendition of property....
PAGE.
123
126
ing effects without witnesses.... 130
proceedings against, on complaint
of concealment of embezzlement, 130
successor to, not to publish notice
of letters as published by pre-
decessor...
162
120
to give notice of sale.......
135
to sell slaves last........
135
121
failing to settle accounts, proceed-
ings
may sell personalty at private sale,
when....
135
121
duty of, relative to partnership
property....
.121 to
127
...
to take possession of effects of tes-
tator.
to make inventory, 122, 129, 138,
proceedings by, to recover effects,
to cause appraisement to be made,
........131, 138,
to publish notice of letters........
to collect debts, give receipts, &c.,
132,
129
to employ clerk at public sale......
to file sale-bill, when and where...
may be cited to answer charge of
concealment or embezzlement,
when........
135
136
130
139
may give receipts.....
137
130
shall sell personalty bound by exe-
cution or attachment...…….
138
139
131
to apply proceeds of such sale,
how
138
....
137
to prosecute and defend actions...
debtor appointed, debt not dis-
charged.....
133
to cause such personalty to be in-
ventoried and appraised sepa-
rately....
138
133
to sell personalty....134, 135, 138,
to assign bonds, &c., in payment
of debts...
139
to leave personalty with widow....
to suspend hiring slaves or selling
property
139
139
to sell land scrip or certificate of
135
location
139
....
to lease real estate and hire out
slaves..
may assign same.......
139
136
entitled to credit for payment for
interest received by, assets.....
137
railroad purposes....
140
to render statement of money on
shall not sell tax certificates, re-
hand.
137
...
several, majority when to act.....
to sell and convey land under will,
may complete payment for land,
when....
duties in sales of real estate...143,
137
141
141
144, 145
specific execution of contract, how
enforced by and against.....148,
.149, 150
to appoint agent during his ab-
sence..
157
to make annual settlements.
159
failing to make, proceedings.
160
......
tate......
to make distribution and pay lega-
cies......
164
ceipts, or certificates of stock,
unless ordered by court....
shall, after sale, assign land scrip
or certificate of location.......
to convert railroad tax certificates
and receipts into stock......………….
not to sell, except for payment of
debts, any railroad tax certifi-
cates, receipts, or certificates of
stock..
competent to make deed, in case of
relinquishment of land......142, 143
may petition for sale of real es-
facts to be stated therein, 143, 144,
to redeem land, how, and in what
140
139
140
140
143
145
compensation of…...
160
cases
142
....
liable for waste
171
duty of, where creditor applies for
bond of, may be sued on...
172
sale of real estate...
145
separate bond may be taken, when,
114
to make deed, when.....
.147,
149
additional security may be re-
to sell slaves for distribution......
170
quired......
120
to apply proceeds, how...
170
duties of, when surviving partner
fails to administer on partner-
ship estate
123
•
in such case, to give further bond, 124
failing to account, liable on bond,
failing to pay demands allowed,
proceedings.....……………………………………..161,
failing to distribute, proceedings, 165
170
162
FF 2— VOL. II.
1776
INDEX.
may sue for penalties under habeas
....
PAGE.
Fees.
Executor, to have notice of applica-
tion, suggesting waste......
not liable to garnishment......246,
may bind out minor.....
171
247
192
when county divided, where to
settle....
511
copy of bond of, evidence......
729
Father, when to inherit..
natural guardian of child......821, 822
to give bond as guardian, when, 821, 822
(See, chapter Damages.)
Fee-bills to issue for costs of entering
satisfaction of judgment......... 906
(See, chapter Costs.)
PAGE.
659,
660
....
duties of, in case of escheats..717,
of sheriff to deliver executions to
his successor..
718
749
FEES.-CHAPTER 64..............755 to 781
Attorney-General, fees of........
757
848
Circuit Attorney, fees of..........756, 757
Clerks, to issue fee-bills....
779
781
.764 to
766
767
767
779
779
779
.758 to
761
761
corpus
of tenant for life, may recover rent,
1010, 1011
may recover rent due testator...... 1011
when made party in Supreme Court, 1299
to deliver public records held by
intestate
(See, chapters Attachment; Cor-
porations-Mining, Mechanical;
Corporations Road Associa-
tions; Forcible Entry and De-
tainer; Frauds and Perjuries;
Justices' Courts, and Practice
in Civil Cases.)
Exemplifications-(See, chapter Evi-
dence.)
1310
Exemption, of Senators and Repre-
sentatives from arrest....22, 23,
of electors from arrest.....
of judges and clerks of election,
and voters, from arrest.....
of property from execution...738,
of persons from serving as jurors,
910, 911
of property from taxation...1323, 1324
(See, chapters Asylum-Deaf and
Dumb; Asylum-State Lunatic;
and Towns.)
Exhibits (See, chapter Practice in
Civil Cases.)
Expenditures of State Government,
accounts of, to be published………..
statements and estimates of, to be
made out by Auditor.......1540, 1541
certifying, &c., copy of deed, &c.,
entitled to fee....
Clerks of Circuit Courts, fees of, in
civil proceedings...
fees of, in criminal proceeding, 766,
not to charge fees in criminal cases,
unless allowed, &c..........
to examine accounts of fees......
to make out and certify fee-bills...
to endorse fees on execution..778,
Clerks of County Courts, fees of, for
county business....
fees of, in probate business, &c...
Clerks of Courts having Criminal
Jurisdiction, fees of..........766, 767
Clerks of Courts of Record, duty of,
on application of witness for al-
lowance of fees.....
fees of, for granting naturalization
of....
Clerk of Supreme Court, fees of, 763,
Compensation, allowed trustee for
sales of real estate....
776
69
66
704
739
papers
Clerk of St. Louis Court of Common
Pleas.......
.764, 765, 766
Clerk of St. Louis Land Court, fees
.777, 778
764, 765,
766
764
781
how obtained………....
781
Coroner, fees of.......
771, 772
Constables, fees of……………..
772
73
Construction of this act...........778,
Costs, of unsuccessful party, how
levied and collected..
781
779
Fee-bills, clerk to deliver to sheriff, 779
sheriff to collect...
779
not to issue after one year, without
notice.....
780
....
593, 594
597
notice, how and when given......
if not paid, sheriff to levy, when,
Fee-book, to be kept by clerk...778,
what clerk shall enter in......778,
shall be evidence, when.....
Fees, for copies of records and pa-
780
779
779
779
781
pers taxed as costs..
781
582
what taxed, if obtained out of
590
this State....
781
Figures calculated as words.
778
Interpreter, fees of.........
773
Jurors, fees of.........
775
188
Justices of County Court, per diem,
188
...757, 758
Failure, by executor or administra-
590
593
tor, to settle, proceedings........ 160
False Certificate, of acknowledgment
of deed, probate of will, &c.....
of court or officer......
False entries, making, in books of
State or County Treasurer, Au-
ditor, or corporation...
False Personation of another.........
False Return of marriage, penalty.. 1064
False Tokens and Pretences...
Falsifying Records......
Farmers-(See, chapter Merchants.)
Faro Bank, setting up, &c.......626, 627
Father, consent of, in binding out
child
mother may consent, when.......
and fees of........
INDEX.
1777
Officers, not allowed fees, unless they
make return at full length.......
to keep table of fees set up…..
to endorse fees on process.....778,
remedy against, for taking illegal
fees......
778
778
779
Fees, in cases of perpetuating testi-
Fees.
PAGE.
Ferries.
Justices of the Peace, fees of...776,
may issue fee-bills.
777
779
effect thereof.........
779
Mileage allowed to officer taking ac-
knowledgment of deed, &c...... 778
Money collected by sheriff, to whom
paid.....
771
Naturalization, fees of clerks for
granting papers of............777, 778
Notaries, fees of...
774
mony.
....
1153, 1154
SS0
of tobacco inspectors...
(See, chapters Billiard Tables;
Boats and Vessels; Commission-
ers to take Acknowledgment of
Deeds; Corporations -Benevo-
lent Associations; Jurors; Jus-
tices' Courts; Lands-Swamp
and Overflowed; Mechanics'
Liens; Merchants; Practice in
Criminal Cases; Revenue, and
Roads and Highways.)
Felo de se, assisting, in self-murder,
manslaughter
PAGE.
560
780
fees of, due when services are ren-
dered.
forfeiture of estate abolished, 642,
Felony, forfeiture of estate upon
643
781
not allowed fees for opening or ad-
journing order......
conviction of, abolished.... 642,
appeal of, abolished...
643
648
778
right of action not merged in......
613
Party in whose favor judgment is
rendered to have execution for
fees.....
damages in committing, how re-
covered......
643
779, 780
Penalty on officer for charging ille-
gal fees.....
Female, prisoners, to be kept sepa-
rate from males.......
896
780
Postage may be allowed as costs
guardian or curator marrying, ap-
pointment revoked....
824
on depositions, records, &c.,
when...
marrying after appeal or writ of
778
error, the husband to be made
Probate Judge, fees of........
763
party.
1299
Records, fees for, taxed as costs.
781
what fees allowed for..
781
pregnant, under sentence of death,
proceedings.......
1199
Recorders, fees of......
.773, 774
Femme Covert, not to be executor or
Secretary of State, fees of..
775
administrator
113
Sheriffs, fees of, in civil cases...767,
...
768,
769
not to be guardian or curator.
Femme Sole, executrix or administra-
821
fees of, in criminal cases, 769, 770,
when to levy on property, to col-
lect fee-bills....
proceedings against, for failing to
771
trix, marrying, letters revoked..
119
Fences, burning of.....
572
779
around lead furnaces...………….
1032, 1033
around saltpetre works..
1899
levy and collect fee-bills....
no fees allowed to, except.....
money collected by, shall be paid,
Surveyors, fees of......
779
771
....
771
773
(See, chapters Corporations.
Railroad; and Inclosures.)
Fermented Liquors, retailing on Sun-
day, penalty....
779 FERRIES.-CHAPTER 65....... 782 to 785
631
to whom..
may issue fee-bills.
effect of fee-bills...
779
Applicant for license to petition
Translators, fees of.
773
county court.
782
Trustee, compensation of.........
781
liable for receiving illegal fees.....
781
Attorney-General shall prosecute on
bond of ferrymen...
781
Witnesses, fees of......
776
Bond, to be given by applicant.....
783
fees of, in one case only, on same
conditions of..........
783
day
776
to be filed with clerk....
783
accounts for fees, to be sworn to..
776
fees, when to be claimed........
fees of, due when services are ren-
778
suit on, when, how and by whom
instituted
781
...
Circuit Attorney shall prosecute fer-
dered......
781
rymen
784
FEES, in case of fugitives from justice, 816
Clerk of County Court, may grant
license in vacation......
783
of witnesses before Legislature.... 1038
of officers of Legislature....
of clerks of county courts, for li-
1038
shall issue license on order of court,
County Court, shall order license to
782
issue.
782
cense, and registry of free ne-
groes and mulattoes.....
1097
shall assess the tax on licenses.. 782
shall fix the rate of ferriage..... 783
...
1778
INDEX.
PAGE.
Forcible Entry and Detainer.
PAGE,
County Court, may grant license
without tax, when....
Fines, when recoverable by indict-
784
ment
644
may revoke license, when…..
Fees for ferriage to be paid or ten-
dered..
784
against judges and clerks of elec-
tions...
703
783
Felony, ferryman guilty of, for cross-
ing slave, when......
messenger carrying election re-
turns..
703
785
for contempt before judges of elec-
Ferrymen, shall keep good boat and
hands....
tion......
704
783
against ferrymen..
783
not compelled to act without fees
are paid or tendered......
shall keep a list of rates posted up,
liable to action for damages, when,
dram-shop keepers..
686
783
owner of seed-horse, found at
783
large
849
783, 785
failing to perform duties, license
to be revoked.........
for unlawful trading with Indians,
against officer, for being bribed... 914
for breach of the peace..
856
979
784
crossing slave without permission,
liable...
784, 785
License, to be issued by court or
clerk.
782
for trespass on State lands.
against vendors of lottery tickets,
for altering marks and brands...... 1058
for solemnizing marriage illegally,
990
629, 630
ferry not to be kept without..
if issued in vacation, to continue
till next term....
782
1062, 1063
783
for dealing as merchant, without
license.
1078
.....
- ......
may be granted without tax, when,
granted at discretion of court,
when...
784
for bringing into the State free ne-
gro or mulatto......
1097
784
for dealing as pedler, without li-
Limitation of prosecutions against
ferrymen....
cense.....
1129
784,
785
against clock pedlers..
1130
Penalties, on ferrymen..... 783, 784,
how recovered..
785
781
for refusing to obey summons of
posse comitatus......
1107
against steamboats, and how re-
covered..
785
in cases of quo warranto……………….. 1309
for failing to deliver public re-
...
Slave, ferryman crossing, without
cords, &c......
1310
permit, liable for damages, 781,
and guilty of felony.
785
against recorders..
1313
...
785
....
Steamboat Master, &c., not to land
for failing to work on road, 1379, 1380
for obstructing road....
1382
at ferry or obstruct passage.....
Tax, rates of, on license, to be fixed
by county court..
785
against overseer of roads....
1382
782
for trespassing on school lands.... 1411
for trespassing on property of
State.....
343
FERRYMAN
(See, chapter Crimes and
Punishments.)
Final Settlement of estates, when
and how made......
159, 160
Fines, excessive, not to be imposed,
33,
84
against public administrator.... 177
for defacing advertisements..... 634
against agent of foreign insurance
against owner of slave........
for bringing into the State, slave
of non-resident..
for hiring slave to another slave... 1472
for permitting slave to sell liquer, 1474
on person for dealing with slave... 1477
for violation of stray law....... 1511
against witnesses, failing to attend
...
1580
at trial......
for firing woods, marshes and prai-
ries..
1584, 1585
(See, chapters Lands-Swamp and
Overflowed; Noxious Animals;
Practice in Civil Cases; Practice
in Criminal Cases, and Schools.)
Fire-proof Offices, when to be erect-
ed...
company
...
887,
888
circuit attorney
275
auctioneers..
281
for circulating illegal currency..
against officers of corporation, for
286
same....
287,
288
keepers of billiard tables....
291
brokers, dealing without license...
330
accounts of, to be kept by clerks..
529
Fiscal Year-(See, chapter Treasury
not to be imposed, when.....
640
Department.)
not to exceed $1,000, when………………
640
Food, adulteration of...........
633
not to exceed $200, when..
640
not to exceed $100, when.....
when recoverable before J. P......
641
FORCIBLE ENTRY AND DETAIN-
644
ER. CHAPTER 66........ 786 to 801
•
499
1474
1471
...
INDEX.
1779
Forcible Entry and Detainer.
ARTICLE I. PROCEEDINGS BEFORE
JUSTICES OF THE PEACE.
PAGE. | Forcible Entry and Detainer.
Justices of the Peace, to certify tran-
Affidavit, complaint to be verified by, 788
on application for certiorari…………
on application for appeal
Administrator may file complaint....
795
Complaint, to be made in writing.... 783
what it shall specify....
Complainant required to make proof
script
....
to issue execution...
Lease, forfeiture of, when..
PAGE.
793, 794
791
794
796
794
Lien of judgment in circuit court....
Limitation of remedies under this
791
act...
792
788
New Trial may be granted.
792
Non-suit to be entered, when..
790
of lawful possession only.........
Continuance may be granted, when,
790
Oath to jurors, form of..
790
792
Costs, how regulated...
790
Possession, proof of lawful, suffi-
cient...
790
Damages to be assessed, on verdict
for complainant…………..
790
peaceable, for three years, this act
not to extend to.....
792
Defendant, failing to appear, justice
Public Lands, persons residing on,
to proceed ex parte.....
790
form of verdict for..
790
may maintain the action.
quantity and extent of recovery
793
Depositions, may be taken....... 792,
792,
793
on...
793
in what cases may be read.
793
how to be surveyed, if no legal
Detainer, where cognizable....
788
survey.
793
to what estates to extend.
788
Sheriff or Constable, to serve sum-
Devisce may file complaint.
794
mons and precept......
789
Entry, possession of land to be taken
what to endorse thereon.
790
cognizable.
only when given by law.....
Evidence of title not admissible......
Executors may file complaint…………..
Execution, form of.........
to contain clause of restitution....
not satisfied, transcript to be filed,
Forcible Entry and Detainer, where
what acts deemed.....
to what estates to extend...
787
Summons, form of...
788
792
how served.........
789
...
791
to be endorsed on, or annexed to
791
complaint.....
788
791
into...
793, 794
Trial, proceedings on...
788
Title, merits of, not to be inquired
new, may be granted, when…..
Unlawful Detainer, what deemed to
792,
794
790
792
787
be.......
787,
788
788
Verdict, to be in writing..
790,
791
Forfeiture of lease, when..
Grantees may file complaint..
794
form of, for defendant.
790
794
form of, for complainant..
791
...
Heirs, &c., may file complaint..
794
...
Judgment, form of.....
791
not to be set aside for informality,
Waste, damages for, may be assessed,
791
790
of non-suit, when..
790
to be rendered according to ver-
dict..
ARTICLE II. - PROCEEDINGS IN CIR-
791
CUIT COURT.
of restitution.....
791
Affidavit, to be filed....
795, 796
transcript of, may be filed.... 793, 794
requisites of......
796
lien of, in circuit court....
791
Appeal, when allowed..
797
Jurors, challenged, others may be
when returnable….……….
797
summoned....
789
complaint to be read to...
790
when perfected, execution stayed, 799
to be dismissed, when....
800
Justices of the Peace, to issue sum-
not allowed to Supreme Court
mous on complaint..
788
without recognizance...
801
to issue precept for jury; form of
Appellant, to cause transcript to be
such...
789
filed
799
may proceed ex parte, when…………..
790
to administer oath to jury.
790
failing to file, judgment to be af-
firmed..
799
shall correct verdict in matters of
Cause, when to be set for trial....
799
form......
791
Certiorari, proceedings may be re-
to record verdict, and give judg-
ment....
791
moved to circuit court, by......
shall be allowed, when....
795
795
what he shall enter in his docket,
792
may grant a new trial...
792
may issue subpoena and attach wit-
nesses.
792, 793
depositions may be read before,
when.....
affidavit for, to be made...... 795,
recognizance to be entered into....
Clerk of Circuit Court, transcript to
be filed in office of....
to file and docket causes removed
796
796
799
792
by certiorari or appeal............ 799
1780
INDEX.
་
799
799
799
801
797
797
799
800
800
ceedings
801
...
Justice of the Peace, shall proceed
to final judgment, when.
797
Circuit Court, shall affirm judgment, 800
shall not dismiss cause for inform-
ality....
PAGE. | Fraudulent Conveyances.
PAGE
Former Acquittal, when not to bar
second trial.
642
Former Conviction, when may be
pleaded………………..
638
Fornication and incestuous connec-
tion........
624,
625
477
800
800
800
may order new recognizance, when, 800
to hear and determine anew, causes
removed by certiorari or appeal, 890
may compel justice to allow an
appeal
Damages may be assessed on judg-
ment by default...
Execution, may be issued at any time,
but not to be levied till time ex-
pires for taking an appeal........
may be levied before time expires,
shall be returned, when....
Supreme or Circuit Court may is-
sue, with clause of restitution..
Judgment, may be appealed from....
rendered in vacation, appeal, when
returnable
shall be stayed, when..
by default, may be rendered, when,
may be affirmed, when......
Jurisdiction, land-court to have; pro-
Franklin County, limits defined......
FRAUDULENT CONVEYANCES.
CHAPTER 67......
Bottomry and Respondentia, con-
tract of, not defeated by eighth
section..
Chattels and Slaves, gifts of, void,
as to creditors and purchasers..
loans of, declared void, when
this act not to extend to, if con-
801 to 806
Acknowledgment of deed, when
necessary
..803, 804
Assignments, of things in action, &c.,
void.......
802
of interest in lands, goods, chat-
tels, &e., void, when.
802
Boat, Vessel, Ship, &c., provisions
of eighth section not to extend
to......
805
Bond, fraudulent, when
802
805
803
803
party aggrieved by judgment of,
may appeal..........
veyed bona fide, for valuable
797
consideration……...
804
affidavit and recognizance to be
sale of, declared void, without a
filed
797
change of possession
805
shall certify transcript, when......
799
Officers, duty of, having charge of
assignment of interest in, declar-
ed void....
802
writs of restitution.
801
Conveyance, of interest in lands,
Recognizance, in appeal.
797
....
on application for certiorari..
795
&c., with intent to defraud cre-
ditors, void........
802
condition...
797
not void in favor of subsequent
form of condition..
798
St. Louis Land Court, jurisdiction of,
Supersedeas not to be awarded, un-
801
purchaser, if acknowledged and
recorded
803
......
....
of slaves, &c., not for valuable
less...........
797, 799,
801
consideration, void
803
.....
not valid till delivered for record,
guardian, when....
lated...
of office, when.
FORECLOSURE of mortgage..
Foreign Banks, agencies of, prohi-
bited......
Foreigners, naturalization of, 1609 to 1616
Foreign Executor or Administrator,
when to receive estate of de-
ceased......
Foreign Insurance Agencies regu-
*
Forfeiture, of estates, abolished, 84,
in cases of suicide, death by casu-
alty, and fleeing from justice,
abolished.....
Forgery of free papers for negro.... 1486
(See, chapter Crimes and Punish-
1087
&c
&C.........
804
of land, void, when...
805
288,
289
valid between parties thereto
804
Creditors, deeds, conveyances, &c.,
made to defraud, void.
802
executions, judgments, &c., void
169, 170
as to, when.....
802
830, 831
885 to 889
Deed, of gift, to use, &c., void, as to
creditors and purchasers, when,
of trust, not valid, unless posses-
802
•
85, 642,
643
sion be delivered to trustee, or
proved and recorded…………..
804
642
Executions void, when.…………..
802
84, 85, 642,
643
Gift of slaves, &c., void, when
valid between parties
Grantee, title to land to vest in,
803
804
....
when......
805
ments.)
Former Acquittal, when may be
Judgments declared fraudulent, when
Loans of slaves, &c., void, when.....
Mortgage of personal property void,
802
803
pleaded...
638, 642
without delivery of possession, 894
INDEX.
1781
805
802
803
804
.....
805
PAGE.
Freedom.
Frauds and Perjuries.
Possession remaining with donor or
grantor, fraudulent, when..803, 804
to be delivered on sale of goods
and chattels........
Purchasers, conveyances, judgments,
&c., void as to, when...
when conveyance valid against....
bona fide, not affected by this act,
Sales, of goods and chattels, without
delivery, &c., to be conclusive
evidence of fraud..
...
PAGE.
Representations made of character,
credit, &c., unless in writing 809
Resulting Trusts, force and effect of, 807
declarations or creations of, to be
in writing..
807
Surrender of lease to be in writing..
Transfer of interest in real estate
to be in writing.....
806
806
Trusts, declarations of, when void...
implied, valid…………..
807
807
Slaves, gift or conveyance of, when
valid....
FRAUDULENT PRETENCES, obtaining
803
goods by ..
582
pretended loan of, void…………….
803
conveyance of, valid between par-
ties......
804
TER 68.....
FRAUDULENT ASSIGNMENTS AND CON-
VEYANCES, parties and privies
to, punished
FRAUDS AND PERJURIES.-CHAP-
Actions, when not to be brought, un-
less the promise be in writing,
583
FREEDOM.-CHAPTER 69.......809 to
Appeal or writ of error allowed......
Bond to be taken, when......
Compensation of Sheriff, for services
in hiring out, &c.....
Costs, security for, to be given.......
Freedom, who may petition to sue
812
812
811
812
810
for
810
........806 to 809
Liberation, judgment of………………..
Orders, to be made by court on pe-
tition .....
812
....
810
807, 809
not to be brought to charge an-
to be endorsed on petition and writ,
and served with them.
811
other for representations, &c.,
unless in writing
Administrator, promise by, to be in
writing, when.....
Petition to circuit court for leave
809
....
807
Agent, authority of, to be in writing,
when
806
....
Agreements, what shall be in writing,
.806, 807, 808, 809
Assignments of leases and trusts to
be in writing.
when
806
Assurances, concerning credit, &c.,
void, unless in writing....
809
Contracts for the sale of goods, &c.,
to be in writing
to sue.......
Petitioner, allowed to sue, when
may be brought up by warrant....
may have liberty to attend coun-
sel and court
required to give security for costs,
Plaintiff not to recover damages..... 812
to prove his right to freedom.
Sheriff, to hire out petitioner, when,
to collect proceeds of hire, and
loan out.....
810
810
.....
811
811
810
812
...
811
812
808
.....
Creations of trusts to be in writing..
Declarations of trusts to be in writ-
807
to take bond and security for loans,
to deliver bonds to person entitled
to same, when.....
812
812
807
compensation of, for services in
hiring out, &c.......
812
ing
Estates, created by parol, or livery
of seizen, to have the effect of
leases or estates at will........... 806
Earnest, when given to bind the bar-
gain
.....808, 809
Executor, promise by, to be in writ-
ing, when
807
Land, trusts of, to be in writing...... 807
leases of interest in, to be in
writing..
effect of trusts in
estates at will only....
Leases, not in writing, to operate as
806
807
806
not to be assigned, granted or
surrendered, unless in writing.. 806
for longer time than one year, to
be in writing...
Marriage, agreement in considera-
tion of, to be in writing.........
807
807
Warrant, to bring up prisoner, re-
strained of liberty, or under
severe treatment...
to be directed to sheriff.
by whom, and where executed.....
on return of, person restraining to
enter into recognizance……………..
811
811
811
811
FREEDOM, of speech and of the press,
32, 85
...
right to, by negro, not to be had
under habeas corpus act....840, 841
Free Negroes-(See, chapter Negroes
and Mulattoes.)
Free Papers, furnishing, to slave,
1485, 1486
Freight-(See, chapter Boats and
Vessels.)
1782
INDEX.
Fugitives, &c.
PAGE.
French Grants of land, when, evi-
dence.......
724,
725
Fruit Trees, burning of...
572
Gaming.
Fees and expenses in relation to fugi-
tives, how paid.....
Governor, to issue warrant, when.... 813
PAGE.
818
maliciously destroying
584
to notify Executive of State, whence
fugitive fled, when....
FUGITIVES FROM JUSTICE AND
FROM LABOR.....
1604, 1605
FUGITIVES FROM LABOR...1605 to 1609
FUGITIVES FROM OTHER STATES.
....
CHAPTER 70........
..813 to 818
Action may be maintained, when
and by whom.......
to issue warrant, for surrender of
accused, when.....
Justice, duty of, on examination of
fugitive, and issuing warrant,
..814, 815, 816, 817
Penalty, for removing fugitive with-
out authority....
815
815
817
817
party arrested to recover damages,
Affidavit, claimant to make......
816
warrant to issue upon, when.....
814
&c...
Recognizance, may be discharged,
817
•
.....
Bail, may be taken for appearance of
fugitive...
when....
815
814
if accused be at large on, he may
be taken....
shall enure to the benefit of the
State..
815
815
Claimant, of fugitive from service,
how to proceed..
....
authority of, to remove fugitive...
to make affidavit..
816
....
817
816
liable for damages, when....
817
to give bond, when.....
816
fee-bill to issue against......
816
if entitled to service of fugitive,
certificate to be given......
817
to pay one hundred dollars, costs,
and damages, when......
Costs, how regulated and collected,
817
....817, 818
Court, may discharge recognizance,
when...
Runaway Slave, not property of
claimant, may be committed to
jail.....
Sheriff, duty of, in executing war-
rant for arrest of fugitive from
justice...
.814, 815, 816
duty of, in executing warrant for
arrest of fugitive from service..
fees of, regulated.…………..
fees of, to be paid, how and when,
Slave, runaway, to be committed to
jail.......
Warrant, for arrest of fugitive from
justice, by whom issued, how di-
rected and served.
....815, 817
816
816
814
817
813, 814
815
proceedings, when fugitive brought
before....
816
for arrest of fugitive from service,
by whom issued, and how exe-
cuted....
816
Damages, may be recovered, when...
Execution may issue for costs....816,
Expenses, in case of fugitives from
817
817
justice, how paid.
814
how paid in proceedings against
fugitives from service.
816
Fees, how paid, in proceedings against
fugitives from service.....
818
Fugitives from Justice, proceedings,
when demand is made, by Exe-
cutive of another State....
813
what warrant shall authorize.
814
where, by whom and how executed,
813,
814
may be imprisoned..
814
may be arrested as, on affidavit;
FUGITIVES FROM SERVICE not to be dis-
charged under the habeas cor-
pus act..
Funds, arising from seminary lands,
(See, chapters State Interest Fund,
and Road and Canal Fund.)
Furnaces, to be enclosed, how..1032, 1033
penalty against owners for neglect-
ing to enclose....
Gallon, standard of, to be kept....... 1564
Gambling-house, Table, or Device-
(See, chapter Crimes and Punish-
ments.)
GAMING.-CHAPTER 71.........818 to 820
....840,
841
79
1033
proceedings..
814
Action, may be maintained for reco-
how long kept in prison, or held
to bail....
814
very of money or property lost
at gaming.
818
Fugitives from Service or Labor, may
be discharged, when......
limitation of, under this act..
820
817
Administrator may sue, when....
819
if a slave, and not property of
Answer not to be used in criminal
claimant, proceedings...
817
prosecution, when...
819
claimant of, to pay $100, costs, and
Assignments of bond, note, &c., not
damages, when..
817
to affect defence......
819
penalty for removing, without au-
Betting on elections declared gam-
thority ..
818
....
ing..........
819
INDEX.
1783
819
Gaming.
PAGE.
Bonds, &c., founded on gambling con-
sideration, declared void......... 819
Conveyances, on gaming considera-
tion, void......
Goods and Chattels, of estates to be
taken into possession of execu-
tor or administrator.
PAGE.
129
embezzled, how recovered..
130
assignment of, void.
819
Creditors may sue, when...
819
burning of, with intent to defraud
insurer...
572
Defendant, may be called on to an-
swer on oath, in suits before
justices...
what, exempt from execution, 738, 739
gifts of, when void....
803
819
loans of, to be evidenced by deed
answer of, not evidence on indict-
recorded, &c…………………..
...803, 804
ment, when...
819
mortgage of, not valid, unless ac-
Demand to be made of stakeholder,
when..
820
companied by possession, or re-
corded
804
Devisees, Heirs, &c., may set aside
conveyance, when........
819
sales of, presumed to be fraudu-
lent and void, when.….……………….
805
819
Judgments, founded on gaming con-
sideration, void.......
819
...
Election, betting on, declared gaming, 819
Guardian may sue, when....
819
Heirs, &c., of person losing, have
their remedy under this act...... 819
Interrogatories, defendant may be
called upon to answer.......
Governor, qualifications; term of ser-
vacancy in office of, who to act....
contested election of, determined
proceedings in contested election..
salary of........
(See, chapter Revenue.)
vice; election......
72,
698
74
by Legislature…...
75
709
1395
by confession, void, when..
assignment of, void, when..
Limitation of actions under this act...
Minor or Apprentice losing money
in grocery or dram-shop, parent,
guardian or master, to recover..
Notes, Bonds, Bills, &c., on gaming
consideration, void......
Parent of minor may sue for money
or property, when…………..
Purchaser may have conveyance, or
judgment by confession, set
aside
Stake-holder, liable to the party who
placed money in his hands.......
delivery to winner, no defence.....
not liable after delivery, unless de-
mand made……………..
819, 820
GAMING, at faro, roulette, &c..........
on Sunday.
...
Garnishee, in attachment suits..246,
in cases against corporations……….
under execution, how summoned,
sheriff or collector not to be, un-
819
819
819
Grain, burning of.....
572
819
Grand Juries, qualification of per-
820
sons to form...
910
non-attendance of a juror after he
819
819
is sworn, another may be sworn,
how to be summoned............910,
may indict members of their own
body........
910
915
910
may be challenged........
910
819
not compellable to serve as petit
jurors at same term.
911
who exempt from serving......910,
911
819
penalty for non-attendance.
911
Gate-keeper- (See, chapter Corpo-
rations-Road Associations.)
General Assembly, legislative power
686
act to restrain intercourse with In-
dians..
857
627
in reference to road law...
1384
631
265
in reference to act respecting Sa-
line lands....
1398
378
respecting trespasses on school
737
lands..
1411
der execution...
737
under execution from justice of
the peace......
965
Gasconade County, limits defined....
477
vested in.....
65
when to meet...
1034
Gentry County, limits defined.
460
Gifts, in trust for donor, void
void......
802
724, 725
of goods, chattels and slaves, void,
unless accompanied with posses-
sion, or deed recorded.....
how to be taken...
1390
803
Grass, burning of.....
572
Girdling trees.……………..
584
Grave, removing dead body from..... 625
GG VOL. II.
respecting act concerning slaves... 1478
(See, chapters Jurors: Practice
in Criminal Cases, and Roads
and Highways.)
Grand Larceny, defined and punish-
ed....
(See, chapter Witnesses.)
Grants, to two or more, tenancy in
common, unless, &c...
575
357
in fee tail, how to operate......355, 356
French and Spanish, of land, when
evidence.
of right of way for State roads,
compensation, how paid; to be en-
tered by clerk and scrip given.. 911
to be charged respecting act regu-
lating dram-shops........
1784
INDEX.
Guardians and Curators.
PAGE.
626
Grave, opening, to remove dead body,
Greene County, limits defined...477, 478
Grist-mill, burning of......
Guardians and Curators.
PAGE.
571
Grundy County, limits defined...460,
461
GUARDIANS AND CURATORS.
CHAPTER 72........
820 to
832
Curator, no married woman shall be,
must be a resident of this State...
removing from the State, appoint-
ment to be revoked........
who shall not be security for.......
shall be twenty-one years of age,
shall give bond with security;
824
824
824
825
825
Acknowledgment of deed by guard-
....
ian or curator........
Administration, when not to be grant-
ed on estate of deceased ward..
when to be granted...........
Attachment may issue against guard-
ian or curator, when
Citation, to issue in case of embez-
zlement of property of ward....
to guardians to make settlements,
Concealing property of ward, pro-
ceedings
827
.....
conditions...
shall make and return inventory
of estate ....
825
825
829
829
828
shall cause estate to be appraised,
appraisement not necessary, when,
shall put money of minor at in-
terest, how........
825
826
827
826
may retain money in their hands,
when.
827
...
828
826
liable for principal, only, when....
shall loan money of minor, at what
interest..
827
827
County Court, shall notify minor to
choose guardian, when.....
shall account for interest received,
822
827, 828
minor neglecting to appear shall
appoint guardian, how..
shall make annual settlements with
822
.....
guardian chosen, if suitable, may
be appointed.
822
if choice not approved, may be ap-
pointed......
822
may appoint curator, when....822,
may appoint another guardian or
curator, when...
823
823
court
shall give notice of settlements....
shall state, on oath, as to applica-
tion of moneys, applied to edu-
cation of minors..
neglecting or refusing to make set-
tlement, &c., how liable. ..... 828
discharges, receipts, &c., of, when
828
828
828
...
to order transcript of proceedings
to be delivered to last appointed
guardian or curator, when, 823,
jurisdiction of, in certain cases....
shall order proper education of
minors....
824
valid...
828
how liable, for illegal or fraudulent
receipts, &c..
828
824
826
living out of the State, how and
with whom to settle.
how long, shall continue in office,
829
....
may order lease or sale of real
estate.........
829, 830
826
shall enter discharge of guardians
or curators, when..
may order the sale or lease of real
estate of non-resident minors...
may authorize guardian to sell real
estate in person or by agent..... 832
may appoint curator of estate of
non-resident minor....
...830, 831
831
may resign office, or be removed,
in what manner.
compensation of, how allowed......
to be appointed for non-resident
minor
830
831
823
may be authorized by county court
to sell real estate
832
not to become purchaser....
832
823
may make appropriations for non-
resident wards, when
to execute and acknowledge deed,
to make report of sale.......
832
832
831
deed of, evidence without further
may direct curator to pay money
to guardian......
proof.
832
831
first appointed, to exclude any
to loan proceeds of real estate.....
may direct interest to be paid
guardian
831
other..
823
...
831, 832
to give supplemental security or
new bond, when..
825
this act not to apply to what coun-
ties.
failing, may be removed.
825
831
concealing or embezzling property
Curator, of estate of minor, when ap-
pointed..
of ward, proceedings...
826
823
Deed, of guardian or curator to be
may be chosen by minor. when
may prosecute and defend for mi-
822
...
acknowledged and recorded......
827
to be admitted as evidence.
827
nors.
823
Distribution, of estate of deceased
if residing in different county from
where appointment was made,
what proceedings. ...823, 824
ward to be made, when..
829
Embezzlement of property of ward,
proceedings...
826
INDEX.
1785
Guardians and Curators.
PAGE.
Embezzlement, who may make com-
plaint of...
826
Evidence, what to be produced by
non resident guardian
832
Guardians and Curators.
Guardian, to make report of sale....
to execute deed to purchaser.
deed of, evidence without further
proof......
PAGE.
deed of guardian or curator to be
admitted as..
827
may be attached and imprisoned,
for what.....
Father, when entitled to guardian-
ship
821
if estate not derived from, to give
bond......
..821, 822
may appoint testamentary guard-
ian.
Guardian, court shall appoint, when
minor refuses to choose...
residing in another county, pro-
830
822
ceedings...
....
823,
824
appointment of, shall specify, what,
powers of; shall have custody and
control of, what......
824
824
non-resident, to produce evidence
before payment of money..
non-resident, of this State, may
sue for property in this State,
and remove the same, when......
Minor, estate of, how managed.......
who shall prosecute and defend for,
may choose another guardian, &c.,
religious persuasion of guardian
of, must be same as parents, &c.,
education of, ordered by court.....
when liable to be bound as ap-
prentice.......
827
827
827
828
832
830
824
823
823
825
826
828
married woman shall not be, of
estate.....
824
dying, having guardian, what pro-
ceedings...
829
may be, of person of minor..
824
not resident of this State, proceed-
must be a resident of this State...
removing from this State, appoint-
ment shall be revoked....
who shall not be appointed......... 825
shall be twenty one years of age..
825
shall give bond, with security;
conditions.....
824
ings
831
shall acknowledge satisfaction of
824
record...
829
dying, administration to be grant-
ed, when.....
829
...
825
when not to be granted.......
non-resident, curator to be ap-
829
to give supplemental security or
pointed.....
823
new bond..
825
may choose guardian, at what age,
failing, may be removed.......
825
822, 823
shall make and return inventory of
testamentary guardian may be ap-
estate........
825
pointed for.
830
shall cause appraisement of estate,
when..
distribution of estate of deceased,
825
when....
829
when not necessary to appraise....
concealing or embezzling property
of ward, proceedings......
826
826
shall put money of minors to in-
terest.
827
may retain money, when...
827
when liable for the principal only,
at what rate of interest, shall loan
827
money
..827,
shall account for interest received,
828
&c.....
..827, 828
Mother, may be guardian, when…………...
Natural Guardian, who shall be.....
Non-resident Guardian shall produce
evidence of appointment, &c....
county court shall deliver the pro-
perty of ward, &c., when...830,
Non-resident Minor, curator of the
estate of, to be appointed......... 823
Officers having knowledge of minor
without guardian, shall report,
&c..
821
821
830
831
822
shall make annual settlement with
Parents, entitled to guardianship,
court........
828
when...
821
shall make statement on oath, as
to application of money for edu-
cation of ward.....
828
to give bond, when...... ...821, 822
dead, &c., county court to appoint
guardian....
822
how liable for refusing to make
settlement, &c………..
Probate Court to have jurisdiction
828
under this act..
...
831
discharges, receipts, &c., of, when
(See, County Court.)
and how valid......
828
how liable for illegal receipts, &c.,
shall continue in office, how long,
828
Property of ward concealed or em-
bezzled, proceedings........
826
829,
830
may resign or be removed, how....
compensation of, how allowed…………….
shall not become purchaser of es-
tate of ward........
830
831
Real Estate of minors, sales of………..
not to be sold for less than....826,
guardian or curator not to buy,
....
proceeds of sale of, may be loaned,
826
827
826, 827
.826, 827
......831,
831, 832
1786
INDEX.
Habeas Corpus.
PAGE.
Habeas Corpus.
PAGE.
Sale or Lease of land, of non-resi-
dent minors......
831
non-resident guardian may sell real
Cause of Imprisonment, to be tried
in a summary way..
840
estate, when..
....
832
may be ordered by court, for edu-
cation of minors………..
826
Sale, of real estate of minors adver-
tised and conducted, how......
report of, made, how; proceedings
826
if no legal cause be shown, pri-
soner to be discharged.........
Certificate of discharge to be granted
to prisoner, when.
Charges, when required to be paid..
to be paid or tendered...
Circuit Attorney, prisoner to give
840
842
...
835
836
thereon....
827
notice to...
849
Testamentary Guardian, may be ap-
pointed....
duties of...
849
830
Clerk of a Court of Record may take
powers and duty of..
830
recognizance.
843
....
failing to accetp, what proceedings,
830
GUARDIAN, having carnal knowledge
of ward........
of persons of unsound mind...
to act for ward, in partition.....
(See, chapters Administration;
Aliens; Corporations - Mining,
Mechanical; Corporations
Road Associations; Justices'
Courts, and Practice in Civil
Cases.
Guide-boards, destroying, &c
1119
Commitment, if no examination shall
have accompanied, proceedings, 838
Committing Magistrate, when to de-
625
864
liver to officer examination and
proof………..
838
when to appear in person on re-
turn of writ.
838
may be attached, when....
838
proceedings against, on failure to
return examination..
838
Construction of this act....
848
Coroner, may serve attachment
586
against sheriff..
838
duties of.........
838
HABEAS CORPUS. CHAPTER 73.
832 to 849
......
Aiding or Assisting in violating this
law, a misdemeanor..
Courts of Record, may issue writ
without application, when……………..
to issue writ, when.
834
...
833,
834
848
Allegations, in denial of return, to
clerk of, may take bail, when......
judge of, may issue writ in vaca-
843
be on oath..
839
may be amended..
840
Amended, return and allegations
may be.....
840
Answer to civil action
brought
tion.....
Court or Officer, duty of, on failure
of officer to return writ.......
when and how to determine cause
of imprisonment..
833
•
837
840
....
against sheriff, what to contain, 844
Application, for writ of habeas cor-
pus, to be by petition……..
how and to whom made........ 833,
writ may be issued without, when
and by whom
833
849
834
...
not to inquire into legality of pro-
cess, &c., for contempt...
shall not discharge prisoner for ir-
regularity of commitment....
shall bail, discharge, or remand
prisoner...
840
842
842
for writ, notice of, to be given to
circuit attorney...
849
must state, what…...
848
may be made to judge of court...
for writ refused, another cannot
be made to an inferior court or
officer.
833
to determine in what sum bail shall
be given......
to remand prisoner for failure to
give bail, and designate the sum
required....
....
842, 843
843
848
to be made in first instance, to
whom.
Attachment, obedience to order of
discharge may be enforced by... 844
for refusing to obey writ, when to
issue.....
shall remand prisoner if not enti-
tled to discharge, or to bail.………….
duty of, in case of sickness of pri-
843
849
soner
.....
843,
844
how to proceed in such case……...
Custody of prisoner between return
and judgment.......
844
843
837
Evidence, examination, &c., to be
how directed and served, if delin-
quent be a sheriff......
read in......
842
838
power of the county may be called
to aid in execution of..
838
what shall be received in, when
offence is set forth in the writ of
commitment
842
· ...
··
Bail, when to be taken...……..
842,
843
Examination to be returned, if the
Cause of Imprisonment, on return,
a day to be set for hearing of... 839
prisoner is not discharged or
bailed.....
843
INDEX.
1787
834
Notice to be given to circuit attorney,
how and when...
849
Officer, fees to be paid, or tendered
to
836
to obey, and return writ.
836
what he shall state in his return..
836
to bring up body of prisoner, 836,
refusing to obey and return writ,
837
proceedings..
837
may be confined in jail.........
837
on return of writ, to bring exami-
nation, &c..
838
Order, of discharge to be made,
when and how...
842
how to be enforced...
844
officer not liable for obeying.
844
•
843
imprisoned.
845
Habeas Corpus.
Habeas Corpus, privilege of, not to
be suspended, unless.... 25,
Imprisonment, cause of, to be in-
PAGE.
84
842
Habeas Corpus.
Prisoner, may deny facts in the re-
turn, and file allegations........
may be discharged by court or of
ficer, when
PAGE.
839
840
842
....833, 834
of war, soldiers of the United
States, felons, &c., not to be
discharged.
840
in what cases, discharged, if in
custody on process....
841
843
quired into, when and how...... 840
if under indictment, prisoner not
to be discharged…………. .841,
for criminal matter, proceedings..
Judge of Court of Record, powers and
duties of....
Judge, Justice or Clerk, of a court
of record, may take recogni-
zance
...
Limitation of the power of courts
under this act....
Misdemeanor, persons convicted of,
840
under this act, how punished... 848
Name of person having prisoner in
custody, how designated and de-
scribed on writ...
of court requiring bail......... 842,
Party, discharged, when not to be
on indictment, cannot be discharg-
ed, but may be bailed....... 841, 842
may be bailed or recommitted
....
841, 842
to be discharged or remanded, ac-
cording to circumstances... 842, 843
certificate of discharge to be given
to
....
if held to answer for bailable of-
fence, proceedings..
recognizance of, by whom taken...
to be discharged or remanded,
when.....
842
842,
843
843
840, 842, 843
843
843
842, 843
custody of, between return and
judgment..
not to be brought up in case of
sickness, &c...
if legally imprisoned, proceedings
in such case..
...
under custody for treason, felony,
&c., committed in other States,
&c., who ought to be delivered
up, not to be discharged.......... 840
warrant may issue to bring, before
the court, when......
person having, in custody, to be
brought before court, when...... 845
may be removed out of county,
when.....
845
846
when he may be...
.845,
846
Penalties, under this act......
847,
818
how sued for and recovered, 847,
may be recovered by executor or
848
obtaining second writ of habeas
corpus, proceedings..........
shall not be discharged on second
846
writ
846
administrator
848
833
....
834
848
prisoner..
....
how executed..
834, 836, 838, 845
836, 837
848
Person refusing to return writ, may
848
be attached and imprisoned..... 837
Petition, what facts to be stated in;
must be verified by oath... 833,
to be accompanied by copy of war-
rant of commitment....
on presentation of, court or judge
to issue writ..
for writ, to state, what.....
Precept, may be issued to bring up
Prisoner, when about to be removed
out of the State, proceedings... 845
application for writ, when not al-
lowed....
concealing, to avoid writ, penalty,
for arresting, for same cause after
discharge.
refusing a copy of process to,
penalty....
847
847
847
recommitting, penalty for..
Recoveries, under this act, no bar to
847
an action for damages......
847
Return, of writ, when and how made,
836,
837
what facts to be stated, in.
to be signed; when to be verified
836
on oath....
837
proceedings on failure to make....
837
proceedings on..
·
836,
837
may be denied..
839
•
may be amended....
840
....
application for writ, to whom
made
.833, 849
to give notice of application to cir-
cuit attorney........
Service of writ, how and by whom
made........
836
• ....
849
if person conceal himself, how
made.....
836
1788
INDEX.
840, 841
849
845
to whom directed; command of...
shall contain an order for arrest
845
of party who has prisoner in
custody, when...
845
845
prosecute.
833
to be issued without delay, when,
delaying to issue, penalty for…………..
to be in the name of the State; to
whom directed..
834
847
834
PAGE.
Horses.
PAGE.
Service not deemed complete until
charges are paid……………..
836
Sheriff, answer of, to civil action,
what to contain....
844
may call power of the county to
his aid.....
838
to tender amount of charges to
persons having custody of pri-
...
Harboring or Secreting, boatmen.
free negro or mulatto, not entitled
to live in this State.
Harrison County, limits defined......
Heirs, term not necessary to convey
a fee-simple......
300
1098
...
461
355
when to apply, to have dower as-
signed.....
676
soner..
836
not liable to civil action for exe-
cuting writ......
not to be prejudiced by improper
assignment of dower.....
67.7
844
to serve warrant, when....
845
when..
....
904, 905
836
1299
shall obey and return writ, whether
to him or not directed.....
Slave, or fugitive from service, not
to be discharged.............. 840, 841
right of, to freedom, not to be tried
under.
St. Louis Criminal Court, judge of,
application for writ to be made
to, when........
Warrant, when to issue to bring pri-
soner before court.....
how executed and returned.........
Writs of Habeas Corpus, who may
judgment survives to, and against,
to be made parties in Supreme
Court...
(See, chapters Landlords and Te-
nants, and Limitations.)
Henry County, limits defined.
Herbage, burning of.........
Hickory County, limits defined...
Highways-(See, chapter Roads and
Highways.)
Hiring, of slaves of estate, when,
and when not, to be made, 138,
may be suspended, when.....
478
572
478
139
139
597
812
of negro suing for freedom....81,
of free negro or mulatto, when, 1099
Hogs, marking, or altering mark of,
with intent to steal....
killing, with intent to steal...577,
(See, chapter Marks and Brands.)
Hog stealing, graud larceny.
Holt County, limits defined....
Homicide, justifiable and excusable,
to forge, counterfeit, &c.
577
578
575
461
form and command of.
834
559,
560
if issued by the court, to be under
seal......
Horse racing in public road
635
834
Horse-stealing. grand larceny.
575
....
what to be designated on...... 834,
shall be endorsed by the habeas
corpus act.
835
Horses, wauton cruelty to, punished,
633, 634
835
to be obeyed, though defective in
form....
835
person served with, deemed the
person to whom directed.........
how and by whom served and re-
turned....
835
altering brand, with intent to steal,
HORSES.—CHAPTER 74............849, 850
Castrated, unaltered horse, mule or
jack, may be, when
577, 578
850
836, 837
Castration, how performed.
850
not to be issued by inferior court,
when.....
848
person performing, to recover from
owner, what amount......
850
petition, on application for, to
Fines, how recovered..
849
state, what....
833,
848
Horse, &c., unaltered, running at
to issue in vacation.
833
to be served, by whom.....
836
large, owner to be fined for......
may be killed, when.......
849
850
Jackass may be killed.
850
HABEAS CORPUS, privilege of, not to
be suspended, unless……………………. 25,
Habitations, combining to expel
inhabitants from..
Justice of the Peace, fines to be re-
84
covered before...
849
....
Marks and Brands to be described in
555, 556
notice.....
850
Habitual Drunkenness, good cause
for divorce.
Mule, unaltered, running at large,
662
herit...
Half-blood, relatives of, how to in-
Handwriting-(See, chapter Letters
of Attorney.)
may be killed, when...
Notice, to be given by taker up of
849
660, 661
stud horse, &c…….
850
color, marks and brands, to be de-
scribed in...…………. ………………………
850
INDEX.
1789
fined........
819
Impeachments.
Owner of horse, mule or jack, to be
PAGE. | Imprisonment.— Inclosures.- Indians.
Senate, may issue subpoenas...
members of, to be sworn......
PAGE.
852
852
Stud-horse, over two years old, not
suffered to run at large...
to determine impeachment.
852
849
may punish for contempt.......
852
may be killed......
850
two-thirds necessary to convict....
853
Transcript of proceedings to be de-
HоTCHРот, advancement to be brought
posited, where
853
into...
661
Trial, how conducted..
852
House-breaking, punished....
572,
573
Writs, form and attestation of........
853
burning, punished....
570, 571
House of Representatives - (See, ti-
tles Congress and Legislature.)
Howard County, limits defined, 461, 462
Hundred-weight-(See, chapter
Weights and Measures.)
IMPORTING non-residents to vote.........
Impotency, good cause for divorce...
Imprisonment (See, chapter Crimes
and Punishments.)
616
662
Husband and Wife, may convey real
IMPRISONMENT
FOR DEBT.
estate of wife...
362,
363
853
for what causes, and how divorced,
662,
663
husband may recover rent due es-
tate of wife
1011
71
71
CHAPTER 75,
(See, chapters Damages; Dower;
Executions; Practice in Civil
Cases, and Witnesses.)
Identity — (See, chapters Convey-
ances; Practice in 'ivil Cases.)
Idiot (See, chapter Insane Per-
sons.)
Impeachment, of United States offi-
cers, power of, vested in United
States House of Representatives,
trie by United States Senate, 21,
what State officers liable to.... 70,
to be made by House of Repre-
sentatives; tried by Senate......
IMPEACHMENTS.
21
227
CHAPTER 76
Imprisonment for debt, abolished.... 853
IMPROVEMENTS on land, recovered in
ejectment, when to be paid for, 694
Incendiaries — (See, chapter Crimes
and Punishments.)
Incest, how punished...
INCLOSURES. CHAPTER 77.... 854,
Animal, trespassing, owner liable....
may be killed for third offence, 854,
injuring, &c., it fence insufficient,
damages
624
855
854
855
855
Damages, for trespasses.
854
double, when recovered..………
854
Fences, of what composed; how
high.
854
sufficiency of, how determined.
854
Field to be iuclosed, how......
854
850 to
853
Hedge, how high; sufficiency of, how
determined
854
Accused, to be notified.....
851
Inclosure, lawful, what deemed.
854
to have time to answer..
852
View of fence to be had, when.
855
not appearing, proceedings to be
ex parte.
....
852
to be heard by counsel.
852
INCOMPETENCY, as juror, when to fol-
low conviction of crime, 557,
Appointments, pro tem., may be
made.....
851
569, 586, 598, 608,
to hold office, 557, 569, 586, 598,
636
Answer filed, proceedings...
852
•
Articles, to be preferred, by whom..
851
to be transmitted to Senate………….
851
Conviction, no bar to indictment.....
853
Court of Impeachment, powers of...
852
G08, 614, 635
as voter or witness, 557, 569, 586,
598, 608. 614, 635,
removed by pardon by Governor..
Indemnity to sheriff, authorizes sales
636
643
Depositions, how taken..
852
commission to take..
852
of property under execution....
(See, chapter Justices' Courts.)
743
Governor, if impeached, who to pre-
side.
851
Impeachment, proceedings on...
852
INDIANS, - CHAPTER 78........ 855 to 857
Governor shall transmit this act to
Managers to be elected.
851
...
Indian Agents
856
Oaths, power to administer.
852
Indians, permit shall not be granted
Officers impeached, suspended…………….
851
to, except....……………
856
Replication to answer of accused....
852
selling or giving liquor to, prohi-
Senate, to appoint a day for appear-
bited...
856
.....
ante....
851
penalty for residing in territory
to issue summons to accused.......
851
of
856
president of, to administer oaths..
852
penalty for trafficking with.……….
856
1790
INDEX.
Innkeepers.
Indians, found hunting or roaming
without permit, penalty..........
Judges of circuit courts shall give
this act in charge to grand jury,
Officers, civil and military, powers
and duties of..
PAGE. Inquests.
856
857
PAGE.
Theft, innkeeper responsible for, of
whom...
858
INQUESTS.
857 INQUESTS.-CHAPTER 80...... 858 to 862
Constable, his duties, in serving pro-
857
cess
859
......
Penalty for violating certain sections
of this act.
failing to execute warrant, penal-
856
ty
859
Permits, persons giving, when and
how liable.....
duties of, to be executed by house-
856
holder..
861
...
Trader shall not reside in hunting
camp of Indian tribe………………...
Coroner, shall make out warrant for
856
jury.
859
....
INDICTMENT, how to conclude……………….
568
600
for kidnapping, where to be tried,
for perjury, what sufficient.....
for bigamy, where found and tried,
for stealing property in another
State and bringing here.... 637, 638
for offences, consisting of different
degrees, conviction on.
(See, chapter Practice in Criminal
Cases.)
79
subject matter of warrant of……………….
shall administer oath to jurors;
form......
859
860
624
....
to charge jury; substance of
charge
860
to issue summons for witnesses....
to administer oath to witnesses;
form.......
860
860
640
may recognize witnesses to ap-
pear
860
shall return inquisition, &c., to
Indigent Persons-(See,
chapter
court..
860
Schools.)
Infamous Crime, definition of the
term....
645
Infant, may apply to have dower as-
signed, when....
verdict shall be signed by..........
if death by felony, duty of.........
shall certify costs and expenses of
coffin and burial........
861
861
861
676
677
.....
1308
694
not to be prejudiced by improper
assignment of dower.......
to be examined before being sworn, 1106
(See, chapters Administration;
Guardians and Curators; Jus-
tices' Courts; Limitations; Prac-
tice in Civil Cases; Practice in
Criminal Cases, and Witnesses.)
Information, in nature of quo war-
ranto..
Injunctions, to stay proceedings in
ejectment..
(See, chapter Practice in Civil Cases.)
Injuring boat or vessel with intent
to defraud insurer............ 583, 584
INNKEEPERS. - CHAPTER 79.....857,
to provide coffin and bury the
body, when....……….
of burial and coffin for poor........ 861
of bringing dead body to shore,
may direct warrant to any house-
holder, when…………..
861
justice of the peace to act
when....
as,
861
•
861
allowance to be made therefor...
when dead body found floating in
the river, duties of.......
fees of, for taking down testimony,
to certify costs and expenses of
inquest to county court.....
Costs, and expenses of inquest paid,
by whom...
861
861,
862
862
862
862
858
Act, to regulate inns and taverns,
repealed.....
861, 862
County Court, duty of, in allowing
expenses.....
861, 862
858
Fees, of physician paid...
862
Baggage, innkeepers not liable for
of coroner, for taking down testi-
losses of, by fire.
858
mony...
862
Innkeeper, to provide iron safe.....
857
Guardian to pay costs and expenses,
to suspend printed copy of this
act, where...
when....
862
857
Inquests, who may hold....
861
to post up, where.....
857,
858
Jurors, failing to appear, &c,
&c, forfeit-
not liable for losses, when.... 857,
858
ure
859
liable for theft or negligence, of
whom..
858
fees of, how audited and paid......
Jury, number of, how and when sum-
862
Iron Safe to be provided, for what
moned.....
859
purpose
857
shall remain together, when........
860
Negligence, innkeeper liable for, of
shall deliver verdict, when and
whom.
858
how
....
861
....
Receipt given for articles deposited,
Justice of the Peace may act as
857, 858
coroner, when.....
861
INDEX.
1791
Insane Persons.
Justice of the Peace, to be informed
PAGE.
.....
by coroner in case of death by
felony.
861
to issue warrant to arrest party
accused..
861
Master, of slave to pay costs and ex-
penses, when...
862
of apprentice liable, when..
862
Oath, administered to jury.
860
administered to witnesses....
860
Parent to pay costs and expenses,
when...
862
Physician, fees of, on post mortem
examination, by whom paid.... 862
Proclamation made for persons to
give evidence......
Insane Persons.
County Court to support and main-
PAGE.
tain insane poor at asylum, 870, 871
County Treasury, appropriations
.....
865
made out of, how recovered, 869, 870
Guardian, shall give bond; condition,
shall give new bond, when.
shall take charge of insane, how..
shall take possession of goods, &c.,
shall make and file inventory..
shall prosecute and defend actions,
&c..
865
865
866
866
866
866
shall file additional inventory......
may petition county court to mort-
gage, sell or lease estate......... 867
shall cause notice of sale to be
given, how....
867
860
Slave, master of, to pay costs and ex-
penses, when...
shall sell at auction.
867
862
Warrant, how directed and served...
859
shall report proceedings of sale... 867
report of, how verified.
867
may be directed to householder...
Witnesses, evidence of, to be taken
861
in writing.
860
shall execute deed, when, how.....
shall render account, when...
shall make settlement...
868
868
868
fees of, how audited and paid...... 862
may sue for and recover money...
866
may apply for money from county
INQUIRY, of lunacy..
of pregnancy.
(See, chapter Practice in Civil
Cases.)
Insane-(See, chapter Witnesses.)
INSANE PERSONS. CHAPTER 81,
864
treasury, for what...
869
1199
when power of, shall cease.
869
may be removed, how.
869
when removed, shall settle ac-
counts
870
....
to pay expenses of ward at asylum,
870, 871
..863 to
871
1
Bond of guardian, where deposited,
Contract of insane person not bind-
865
Idiots, may be brought before county
court, when...
864
Information, to be in writing.
864
ing..
868
justices of the peace, sheriffs, and
be valid..
Conveyance by order of court shall
Costs, when and how paid...
County Court, shall cause facts of
insauity to be inquired into......
special term of, may be called......
may cause person to be brought
before it...
868
other officers, to give, when………..
may be given in vacation.………….
864
864
864
Insane Persons, proceedings in rela-
tion to.....
864
864
shall not be held to bail
868
864
suits against, process to be served
on guardian..
868
864
becoming sane, property to be re-
on information of officers, proceed-
stored.
869
ings
864
....
shall appoint guardian, when....
864
administrator to receive effects of,
furiously mad, proceedings.....
869
870
may set aside inquisition, when....
864
may be apprehended, how and
may require guardian to give new
bond.......
when.....
870
865
Jury, to inquire into the facts of in-
shall make order concerning in-
sanity.
864
sane person..
866
verdict of...
864
concerning mortgage....
867
shall direct terms and times of sale,
867
to decide upon restoration of in-
sane person.…………….
869
may approve proceedings of guard-
Lunatic Asylum, guardian to pay for
ian in making sale...
868
support and expenses of insane
may set aside sale, when......
868
person at.....
870
must approve agreement of sale
by guardian, when...
868
county to pay expenses, when......
Notice of sale, how and when pub-
870
may order money paid out of the
treasury, when....
lished....
867
869
Officers of county shall report insane
may inquire into soundness of mind,
shall have power to control guard-
ian.....
869
persons.
Petition of guardian to sell estate,
864
869
&c........
867
....
GG 2- VOL. II.
1792
INDEX.
Insolvents.
PAGE
Inspection of Tobacco.
PAGE.
Petition, for appropriation to ward... 869
Sale, how made.
may be set aside, how.
867
868
Insane Poor (See, chapter Asylum
-State Lunatic.)
Petition, schedule of property to be
annexed to....
affidavit to be made to…………..
petition for release..
872
872
Petitioner, detained in custody may
871
order to bring, before officer..
872
Insanity
(See, chapters Asylum
State Lunatic; and Practice in
Criminal Cases)
to annex to petition a schedule of
property
872
to deliver property to sheriff.
872
INSOLVENTS.
CHAPTER 82...871 to
874
guilty of fraud, deceit, &c.
discharge of, when.....
873
..872,
873
Affidavit, to be made to petition, &c.,
Applicant(See, Petition)
872
Prisoner (See, Petitioner)
Property, schedule of, to be annexed
Application for relief by party in
prison, how made.....
to petition....
872
871
to be delivered to sheriff..
872
Books, Contracts, &c., to be delivered
ordered to be sold, when...
873
to sheriff...
872
after acquired, liable to payment
Clerk of County Court, to hear and
determine application for re-
lease.......
of fine and costs...
873
exempt from execution, not liable,
873
...871,
872
balance of, to be delivered to peti-
Ors..
to issue order to bring up prisoner,
to issue order of release.......872,
to certify papers and proceedings,
when....
Contracts made after application,
not to be a lien on property…………….
Creditor may compound with debtor,
Debtors may compound with credit-
........873,
right of, to contribution, not im-
paired......
joint, one not discharged by re-
lease of the other. ........873,
Execution, not to be a lien, except...
Fine aud Costs, prisoner in custody
for, may obtain relief, how, 871,
property acquired after release,
liable for.
872
tioner......
873
873
no judgment, contract, &c., to be
lien on.....
873
873
Release, a creditor may, a debtor,
873
873
874
without impairing, &c.......873,
Schedule, of property to be made...
copy of, to be delivered......
same to be certified to proper of-
ficer....
874
872
872
872
making false, effect of.
873
.873, 874
Sheriff, duties of..
872
to sell perishable property.
873
874
to give notice of sale.......
873
873
TER 83....
873
property exempt from execution
not liable for
872
Fraud or Deceit, prisoner guilty of..
Judge, to issue order to bring up ap-
873
plicant.....
872
873
874
872
872
872,
873
873
873
soner
872
872
873
to cause papers and all proceedings
to be certified and filed, where..
Judgment rendered after application
not to be a lien on property.....
Joint Debtors, one not discharged by
release of the other......... 873,
Justice of County Court, to hear and
determine application for re-
lease.....
...871,
to issue order to bring prisoner up,
to issue order to release prisoner,
to certify proceedings, when........
Notice of sale, when and how given,
Order, shall issue to bring up pri-
by whom issued......
873
873
of discharge of prisoner.......872,
of sale of perishable property
Petition for relief by party.....871, 872 |
....
Inspectors, county, how appointed..
qualifications of, and term of office,
vacancies of, how filled........
to attend warehouse, &c........
forfeiture for non-attendance......
county, to conform to this act, &c.,
Inspectors, Board of, to consist of
three....
how appointed; term of office...... 877
filling vacancies in....
877
authority of...
Fees, by whom paid……..
872
INSPECTION OF TOBACCO.-CHAP-
Bond, to be given, by inspectors..... 876
by warehouse keeper...
881
where filed; how sued on......
...876, 877
County Court, to authorize erection
of warehouses, where, &c........ 875
to prescribe dimensions of ware-
house....
duty of person who erects, under
of inspection, storage, &c., in St.
..874 to 884
875
876
....876,
880
+
Louis
by whom received, in St Louis....
of warehouse-keeper, &c…………..
.880, 882,
883
881
882
Governor, to appoint two of board of
inspectors.....
877
and warehouse keeper......
880
875
876
876
876
876
884
877
INDEX.
1793
877
878
....
to keep an office, and attend, where
and when
878
book of entries, &c., of.....
878
Inspection of Tobacco.
Inspectors, Board of, to take oath;
form of, &c.........
violation of, deemed perjury.
PAGE. | Insurance Agencies.
INSTRUCTIONS-(See, chapters Prac-
tice in Civil Cases, and Practice
in Criminal Cases.)
Instrument (See, chapters Practice
in Civil Cases, and Practice in
Criminal Cases.)
PAGE.
duties of, in inspecting and mark-
ing tobacco....
..878,
879
to issue certificate; form of...
879
INSURANCE AGENCIES.
84.....
CHAPTER
884 to 889
to certify, &c., amount paid over
may act as agents of owners of
tobacco..
883
by warehouse keeper..
880
not to furnish hands, where, &c...
883
to discharge the duties of keeper,
when..
Agent or Agents, shall deposit with
clerk of county court, copy of
charter, commission, &c., when, 885
shall furnish statement of condi-
tion, capital stock, &c., when...
statements shall be subscribed and
885
883
Sworn to...
885
penalty on others than, inspect-
ing, what.....
883, 884
not to hold or be eligible to any
other office……..
duties of, in weighing and marking
hogsheads..
....875, 876
shall furnish resolution of board
of directors, concerning suits... 885
statement of such, subject to ex-
amination..
886
879
....
service of process on, how author-
ized.
885, 886
Marking hogsheads, to be done in
presence of inspectors....
879
shall obtain license, how and when,
what tax, shall pay to collector,
887
Samples to be delivered to purchaser,
886,
887
when.....
879
one, to be designated chief.
886
Secretary of State, inspectors' bond
to be filed with.
877
State Inspection, established in St.
Louis...
where the chief, shall reside.
prohibited from insuring, when....
penalty for violations of this act,
886
887
877
887,
888
Tobacco, how inspected and marked,
gui.ty of perjury, when..
887, 888
878,
879
who are deemed....
888
not to be passed, when......
879
Capital Stock, amount of, to be stated,
885
Warehouse keeper, by whom ap-
pointed...
880
to be subject to taxation, except..
Collector of county, what tax, shall
886
term of office....
880
collect
886
...
to take oath..
not to be an inspector.....
to receive storage, &c.; fees for,
to pay same over, how and when..
to employ labor at his own expense,
not to store articles of combustible
nature
.......880,
.880,
881
to receive taxes.
886,
887
881
to collect forfeitures.
...
.887,
888
881
Copies and Writings, deposited with
881
clerk for preservation..
886
882
subject to inspection.....
886
copies of, evidence...........
886
882
fees of clerks for......
886
storage of any articles not to in-
terfere with tobacco.
Fees of clerks for copies.........
886
882
Fines and Forfeitures, how recover-
penalty for suffering such inter-
ference
882
compensation, &c., of........
882
shall store at night tobacco in-
spected in the day
882
ed....
Insurance Agents, prohibited from
making contracts, when.........
Judgment, service of process on agent,
authorizes, against company,
.887, 888
887
shall forfeit, &c., for failure..
882
885, 886
may offer, what premium for best
tobacco, &c...
883
effect of failure to pay..
Laws, concerning foreign companies,
887
may reduce storage, &c., fees,
repealed...
888
when and how..
883
to report to Governor, when and
what...
883
Life Insurance Companies, excepted
from what provisions.........886, 887
License, clerk of county court shall
to take duplicate receipts of mo-
ney paid
Weight, tare, with addition of ten
pounds to be deducted from...... 879
who responsible for net.....
879
to be marked on hogsheads......... 879
883
issue, when.......
887
may be taxed for county purposes, 887
tax on, and to be paid, when.... 887
Penalty, for doing business without
license..
...
...887, 888
for failing to pay license.......887, 888
1794
INDEX.
Interest.
Power of Attorney, shall designate
who is the chief agent........
copy of, to be deposited, where……..
Process, served on agent, shall be ser-
886
885
PAGE. | Jails and Jailers.
Intoxicating Liquor, to be drunk at
place of sale, merchant not to
sell...
PAGE.
1077
vice on company
.885,
886
slave selling, with master's permis-
sion, penalty......
1474
....
how served and returned
Publication, how made upon receiv-
ing license.
.885,
886
887
to be made annually of certain
facts
........888, 889
Taxes, agent to pay, on stock of com-
pany....
(See, chapter Dram-shops.)
Inventories, by executor or adminis-
trator.
by assignee, for benefit of credi-
tors...
129
202, 203,
204
886
by guardians and curators
by guardians of insane persons....
825
866
stock of company subject to..
886
INTEREST. CHAPTER 85......889 to
Costs, defendant may recover, when,
891
.890, 891
Illegal Interest, defendant may show,
when and how, has been taken, 890
answer, if sustained, what shall
be the judgment.....
.890, 891
amount of judgment for taking,
shall form part of common-school
fund.
.....890, 891
JACKSON COUNTY, limits defined....478, 479
Jailer-(See, chapter Practice in
Criminal Cases.)
―
.895 to 901
JAILS AND JAILERS. CHAPTER
86.....
Action, by administrator of deceased
prisoner, when it may be brought,
899, 900
Administrator, of deceased prisoner,
900
may sue, when........ ......899, 900
Clothing furnished prisoner .....897,
how paid for......
Coroner shall have charge of jail,
Interest, creditors shall be allowed,
what, and when......
parties may agree, in writing, what,
shall be paid...
889
900
890
when..
900
....
persons prohibited from taking il-
Costs, accrued before conviction, how
legal...
890
paid.....
897
illegal, when and how, may be
shown to have been taken...890, 891
by agreement, may become part of
principal, when....
after conviction, how paid.....
certain, paid by United States.....
of employment of guard...
897
898
899
891
not to be compounded, when....
Judgments, interest on, how, when,
and at what rate.....
891
of commitment, when, how paid...
clothing of prisoners allowed as...
medicine and medical attendance
900
900
890
allowed as...
.900,
901
declaring interest at ten per cent.,
when...
890
INTEREST (See, chapters Administra-
tion; Asylum-State Lunatic;
Corporations - Railroad; Cor-
porations Road Associations;
County Treasuries; Justices'
Courts; Limitations; Schools;
State Interest Fund; Towns,
and Witnesses.)
Expenses, of commitment, how paid, 897
of support of prisoner, how paid,
property of prisoner liable for,896,
accruing before conviction, how
897
897
paid
897
of guard, how paid…….
899
of criminal from other county, how
paid.....
900
Fees of sheriff, what, allowed.........
Female prisoners shall be kept sepa-
900
rate from the males.
896
....
Internal Improvement, to be encou-
raged......
Grand Juries shall examine jail, and
80
make report..
897
fund, established.
986
Interrogatories- (See, chapters At-
tachment; Justices' Courts;
Practice in Civil Cases, and
Practice in Criminal Cases.)
Interpleader, by persons claiming
Guard, to guard prisoners, when.....
shall not exceed three persons....
Jailer, may be appointed....
shall receive prisoner, when.
refusing to receive prisoner, pe-
898
898
895
896
nalty.
896
property attached.
....
255, 270
shall allow prisoner certain liber-
Interpreters, may be appointed by
ties..
897
courts.
538
shall receive United States pri-
fees of.
773
soners..
898
Intoxicating Liquor, meaning of the
penalty for neglect of duty...
898
term
688
fees of, from United States.
898
sale, &c., to Indians, penalty.......
856
deputy, may be appointed....
898
INDEX.
1795
897, 900,
....900,
901
901
901
900
.....
shall take oath of insolvency, when,
shall be humanely treated..
may be committed in other county,
when...
896
896
897
897
Prosecuting Attorney may discharge
prisoner, when.
896
Sheriff, duty of, in receiving pri-
soners.
896
shall not keep persons confined on
civil process and criminals in
Jailer, shall obey habeas corpus....
failing to obey, how punished......
may be removed from office.......
to procure clothing for prisoner,
when
liable to prisoner for damages,899,
to procure medical attendance for
prisoner.
Jails, shall be examined, by whom,
United States shall pay for use of,
when
PAGE. Judgments.
899
899
900
900
900
900
897
898
when insufficient, proceedings..... 897
Medical Attention, employed for pri-
soner..
how paid for..
Physician to attend prisoners, to be
employed, when and how...900,
Poor Prisoners, how provided for,897,
Prisoners, detained for fines and
costs, how discharged.
PAGE.
68
Journals of Legislature, to be pub-
lished...
printing and distribution of, 1028 to 1032
Judges, Supreme and Circuit, to be
appointed; qualifications, 78, 90,
....91, 93,
(See, chapters Practice in Crimi-
nal Cases, and Saline Lands.)
Judgments, on awards of arbitra-
tors.....
on report of referees...
against boats and vessels.......309,
personating another, in confession
of .....
arrest of, not to bar second trial
for criminal offence.
in Supreme Court, lien of........
made with intent to hinder, delay
and defraud creditors, void......
on gaming consideration, void..
not to be inquired into on habeas
corpus
transcripts of, in forcible entry and
detainer cases, filed, lien, &c.,
....
by covin, in dower, not to preju-
dice heirs.....
94
197
201
311
597
642
902
802
819
841
793, 794
677
1053
1053
when presumed to be paid..
presumption, how repelled.....
same room....
896
as
900
503
imprisoned in jail, who shall act
JAILS, exempt from execution………………….
to be erected in each county.
breaking, or aiding to break.....
Jasper County, limits defined.....
Jefferson County, limits defined, 479,
Johnson County, limits defined...
Joint Contracts, to be joint and seve-
in case of foreclosure of mortgage, 1089
..1112, 1113
(See, chapters Attachment; Court
-Land; Justices' Courts; Mer-
chants; Practice in Civil Cases,
and Practice in Criminal Cases.)
...
1132
499
605
479 JUDGMENTS.-CHAPTER 87....901 to 908
480 Assignee of judgment may sue..... 908
480
Assignment, of judgment to be in
writing, and how..............907, 908
after, of judgment, execution shall
issue, how..
in cases of partition..
on penal bonds.......
ral…………..
351
Joint Debtors, in attachment.
244
908
....
any, may be proceeded against, 351, 1218
(See, chapters Insolvents, and
Limitations.)
Bonds for delivery of property levied
on, to enure to benefit of assignee
of judgment......
908
Joint Decrees, parties to, dying, pro-
Clerks of Courts of Record, shall
ceedings..
904
...
keep dockets of judgments, &c..
906
Joint Judgments, parties to, dying,
shall make, what entries..
906
.proceedings.
904
shall enter satisfaction on margin
Joint-owners (See, chapter Boats
and Vessels.)
Joint-tenancy, not to exist, unless
of judgments, &c.........
penalty on, for failing to comply
with law...
906
907
....
expressly declared....
357
Conveyance, decree of, when, and
Joint-tenants, suing in ejectment,
when not, to be recorded.....
907
must show, what.....
692
not valid, when......
907
may have partition of land......... 1110
Defendant in scire facias not found,
(See, chapter Dower.)
proceedings....……….
903
Jointure, bar to dower............671,
672
failing, right of dower restored...
672
Docket shall be ruled in columns, how,
Execution, may issue, how and
907
may be renounced……………..
672
when
904
forfeited, if dower demanded......
672
sued out against surviving defend-
may be barred, when.....
672
ant, when......
905
1796
INDEX.
Judgments.
PAGE.
Jurors.
PAGE.
Execution, may be issued at any time
within five years after judgment
rendered
904
Scire Facias, issued before expiration
of lien, effect.......
shall be served, on whom..……….
903
903
shall not issue without leave of
issued after expiration of lien,
court, proceedings........
amount paid to be credited on,
when.
904
effect.........
903
904
Transcript of Judgment, &c., to be
entered on docket, when.......
907
Fee-bill to issue, when....
906
Judgments, lien on real estate of,
when
902
....
in county where rendered, shall be
lien....
902
may be revived, how and when....
903
where, shall be revived...
903
survive to whom, when....
904
shall survive against heirs, &c., of
defendant.
905
may be revived against administra-
tor, how, &c.......
905
satisfaction of, how acknowledged,
may be assigned, and how.....907, 908
effect of assignment of.........907,
907, 908
notice of assignment to be given..
assignee of, may maintain action
in his own name....
agent, acknowledging satisfaction
of, to file power of attorney...
revived, when to have priority of
lien over intermediate incum-
brances.
905
of creditors........204, 205, 207,
of circuit court, in criminal cases,
in cases of divorce....………………….
of dower..
JUDICIAL CIRCUITS established, 77, 545, 546
Judicial Proceedings of one State, to
have faith and credit in every
...
other
Judiciary of U. S. constituted....28,
Judiciary of this State..............76,
Jurisdiction, of U. S. Courts......29,
of State Courts, in law and equity,
...76, 90, 532, 533
in case of assignments for benefit
208
.29,
30
29
90
33
644
663
674
908
908
906
903
when to be a lien from rendition..
Lien, in county where land lies.......
shall extend, to what real estate..
shall commence, when…....
903
902
902
902
of judgment revived, to prevail
over intermediate incumbrances,
when..
903
when to take effect after rendition,
Motion, for execution to be made....
to be supported by proof......
Notice, to be given of motion for ex-
ecution..
903
904
904
910
916
904
913
....
to be in writing; served, how.......
Order of Publication, when made;
contents
904
911
903
when published.
903
Payment, on judgment to be credited
on execution.......
904
...
to assignor of judgment valid,
when
Power of Attorney to be filed, when,
Real Estate, construction of term...
Sale, under junior judgment, effect of,
money arising from, how applied,
Satisfaction of judgment or decree,
may be entered by plaintiff, how,
908
911, 918
fees of, in such cases......911, 914, 918
to record jurors' names... .913, 916
to certify list of jury fees to clerk
of county court..
.......
918
906
908
to provide a book and charge she-
riff with jury fees......
918
904
904
to keep account of mileage and per
diem of jurors....
918
905
entered of record, when....
905
may be made by agent….....
905
Clerk of County Court to provide a
book and charge sheriff with
jury fees..
Compensation, of grand jurors....... 911
918
judgment or decree released by...
906
of petit jurors.....
.913,
918
court may order, when......
906
to be taxed as costs...
913
costs of, how recovered.....
906
forfeiture of.......
913
Scire Facias, to revive, may issue,
not allowed, when..
917
when....
903
of clerk for issuing scrip......911, 918
of justices of the peace, in civil
cases ...
in cases of breach of the peace...
of mechanics' liens............1068, 1069
in foreclosure of mortgages.
.... 1087
in cases of partition...........1110, 1111
(See, chapters Administration;
Court-Common Pleas; Court—
Criminal; Court-Land; Court
--Law Commissioner's; Court—
Probate; Crimes and Punish-
ments; Forcible Entry and De-
tainer; Practice in Civil Cases,
and Practice in Criminal Cases.)
JURORS.-CHAPTER 88..........909 to 919
Challenges, parties to join; entitled
to, how many....
plaintiff to announce his, first, 910,
not to be made till...
Clerk, to keep account of service of
grand jury...
to give jurors scrip for the amount,
.925, 926
977
INDEX.
1797
Jurors.
moned...
PAGE.
Courts may order jurors to be sum-
.........910, 914, 915
Deputy Sheriff, oath to be adminis-
tered to....………………….
910
Fees, jury, taxed and collected, how,
913,
918
paid into county treasury
918
list of, to be certified..
918
account of, to be kept by county
clerk
918
mileage and per diem of jurors
kept.......
918
918
910
910, 915
910
910
910
911
of jurors serving under article two,
Grand Jurors, qualification of………………..
shall be summoned, when and how,
not attending, another may be
sworn
may be indicted; proceedings......
may be challenged and discharged;
exceptious
not to serve on petit jury, when…..
who exempt from serving as, 910,
who shall not be summoned...910,
911
911, 912
accounts of, to be verified by oath, 911
to be selected, in what proportion,
..910, 915
911
Justices of the Peace.
Petit Jurors, shall appear in court,
when
number o, to be summoned...912,
number of, when specially ordered,
PAGE.
911
915
912, 913
to be listed; who to compose the
jury....
not allowed fees, when.........
....913,
Scrip, to be paid, when and how, 911,
to be received, by what officers....
Sheriff, to pay fees into county
treasury..
...
.913, 916
917
918
911
918
918
910
913
915
917
912,
913
913
918
account of lees to be kept by…..…..
oath to be administered to.....
to furnish list of jurors.........911,
to summon panel, when, and how
many..
to summon by standers as jurors,
Special Jury, of twenty-four, may be
....
ordered
if panel exhausted, proceedings...
Treasurer to pay scrip.............911,
Trials by jury to have preference.... 917
JURORS, before justices of the peace
and constables, may be fined.... 967
(See, chapter Inquests.)
Jury, right of trial by, secured......
judges of law and fact in prosecu-
tions for libel......
33
..83,
84
84
339
in criminal case, disagreeing, may
be discharged without prejudice,
to try charges against clerks.......
to try right of property taken in
execution by sheriff......... 742, 743
in cases of forcible entry and de-
tainer....
scrip of, how and when paid.......
shall appear in court, when.……………. 911
mileage and per diem of, kept..... 918
scrip to issue to........
Grand Jury to consist of how many;
selected, how......
918
915,
919
Juries, service on, to be equalized...
how selected in criminal cases,
912
.915, 916,
917
how, in civil cases...
917
at coroner's inquest......
Jury Fee-(See, Fees.)
917
914
Jury Trials to have preference.......
Misdemeanor, officer guilty of, when,
Officer, receiving bribe to excuse
person from jury, &c.; forfeiture, 914
guilty of misdemeanor, when……………. 914
Panel of jury to be given to party,
912, 913
if exhausted, new jury to be sum-
moned
....
Penalty for non-attendance as jurors,
Petit Jurors, qualification of....
may be challenged or discharged;
exceptions
913
911
910
910, 911
persons exempt from serving as,
910,
911
who shall not be summoned as.....
who shall not be sworn as.....
912
912
in civil cases, how many may be
challenged
912
if not present, names of, how dis-
posed of......
917
by standers summoned as, when..
mileage and per diem of, to be kept,
what same shall be; scrip to issue,
917
918
918
on inquisition of lunacy....
officer taking bribe for excusing
789
859
864
1390
persons from serving on, penalty, 918
in cases of ad quod damnum…………….. 1082
of part aliens not allowed........... 1189
for assessing damages upon open-
ing State road……….
(See, chapters Corporations-
Road Associations; Court-
Criminal; Court-Law Com-
missioner's; Crimes and Pun-
ishments: Damages; Inquests;
Jurors; Justices' Courts; Prac-
tice in Civil Cases, and Practice
in Criminal Cases.)
Justices of County Court-(See,
chapters Administration; Courts
-Judicial Power; Insolvents,
and Practice in Criminal Cases.)
JUSTICES OF THE PEA E.-CHAP-
TER 89....
Acceptance of Commission, what
deemed.
.919 to 924
921
to be certified to Governor.....921, 922
•
1798
INDEX
Justices of the Peace.
PAGE.
Justices' Courts.
PAGE.
Clerk of County Court, duties of,
921,
922
to be void, when.
on resignation of justice
or deputy, not to hold the office of,
County Court, duties of, in relation
to the appointment and election
of justices
..920,
Election, of justices, how conducted,
if contested, or a tie, county court
to decide
eertificate of, to be made out for
person elected, by county court,
to be recorded in thirty days.......
Jurisdiction and Power, to keep the
921
920
922
921
922
921
921
921
peace.....
922
to arrest those who break the
peace, and hold to bail………....
those who attempt to break the
peace, or are not of good fame,
and commit or hold to bail.....
to commit on refusal to give se-
curity....
922
922
922
to certify recognizance to next cir-
cuit court...
922
to punish for contempt, when and
how....
punishment for contempt, what...
no person so punished till opportu-
nity given to be heard......
on conviction, justice to make up
record
..922,
923
923
Justices of the Peace, to have power
to issue subpoenas, in what
cases
convicted of bribery, &c., how
punished....
resigning, what his duty shall be,
on resignation of, duty of clerk...
Warrant of commitment for con-
tempt, what to specify............ 923
JUSTICES OF THE PEACE, fees of, regu-
lated...
.776, 777
1062
1098
may solemnize marriages......
to confiscate arms found in posses-
sion of free negro or mulatto... 1094
proceedings by, against free negro
or mulatto not authorized to re-
side in this State
proceedings by, against pedlers... 1130
as to saline lands, duty of....1397, 1398
in cases of lost or wrecked pro-
perty, duty of.
(See, chapters Corporations
Road Associations; Boats and
Vessels; Courts
Courts Judicial Pow-
er; Fees; Inquests; Noxious
Animals; Practice in Criminal
Cases, and Roads and High-
ways.)
...
923
923
923
923
1400
923
JUSTICES' COURTS.
CHAPTER 90.
923
924 to
976
Justices of the Peace, each muni-
cipal township entitled to four..
each ward in the city of St. Louis
entitled to two
to keep their offices and hold their
courts in the ward or district
for which they are elected.…………….
to perform their duties throughout
St. Louis township as other jus-
tices..
920
....
Actions, by attachment
920
.....
920
920
removal of, from ward or district,
to vacate office…………..
920
...
Abatement, not to take place, when,
to recover possession of personal
property.
statement in writing to be made...
to set forth, what facts
affidavit to be made.............934,
form of statement and affidavit...
what may be brought before jus-
tices of the peace......925, 926,
before whom and where brought,
944,
950
927
..934 to
938
934
934
935
935
927
who not to be………………….
920
925, 926, 927,
929
now in office, to continue to act as
such, how long.
920
when vacancy occurs in office of,
county court to appoint.....
against non-resident defendant....
what causes of, may be against
several defendants......
927
929
920
appointed, to hold office, how long,
920
qualifications of……...
..920,
921
to be commissioned by county
suable.......
court......
921
Adjournment, of case by justice......
on application of parties, when
Administrator and Executor, not
judgment against, on set-off, how
943
943
...
926
elected, to qualify within twenty
given.
941
days....
921
of plaintiff, may appear and pro-
receiving certificate, to cause it to
be recorded within thirty days
after such receipt......
secute.
950
...
failing to do so, proceedings.
950
921
Affidavit, for continuance.
943
to continue to act until commis-
sion expires, on division of
township....
922
not to act till commission is re-
corded; penalty for so acting... 922
for obtaining transfer of case.....
for appeal from judgment.....971, 972
to statement of claim to personal
property.......………………..
for revival of judgment...
....934, 935
951
945
INDEX.
1799
Justices' Courts.
PAGE.
Justices' Courts.
PAGE.
Affidavit, on motions to examine on
interrogatories....
956
have copy of.
form of, and statement of claim,
&c..
Bond of Indemnity, claimant may
justice to produce original, in
967
935
court, when
967
..
.....
Agent, parties may appear by………………..
authority of, how given and how
proved....
939
....
Bonds, consideration of, may be im-
peached
954
940
defence not precluded by contract
Allegations and proofs at trial...940,
Amendment of pleadings and pro-
ceedings.
Appeal, from judgment against con-
stable and securities......... 969,
.969,
from judgment of justice...
from judgment confessed, not al-
969
of payee......
954
for cost, form of ......
930
945
to be given constable, when
936
form of same....
936
970
not good, new to be given
937
971
lowed
971
....
971
972
972
973, 974
from judgment by default or non-
suit....
must be within ten days after judg-
ment...
...971,
recognizance to be given, form of,
not to be dismissed for want of af-
fidavit or recognizance......973, 975
to be entered on justices' docket,
and all further proceedings sus-
pended
certificate of, to be given; consta-
...
973
ble to release property seized... 973
how and when taken in case of
vacancy in office, or death of
party...
to revive judgment..
how and where served.
Claim and Delivery of personal pro-
Concurrent Jurisdiction with cir-
poor person not to give, for costs,
taken by constable to be filed......
Capias execution not to issue....
Cause of Action, same, to be tried on
930
937
970
appeal......
975
Citation, to revive judgment after
death of plaintiff.
950
how directed and served; proceed-
ings
.950, 951,
952
.950, 951
951, 952
perty, proceedings.........934 to
Compensation of constable for tak-
ing, &c., property.
938
937
cuit court
.925,
926
justice failing to allow, may be
compelled...
974
Confession of Judgment, to be taken,
for what amount, and when...958,
Consolidation, of causes of action
958
959
pending in circuit court, suit may
be revived...
and suits.....
944
974
transcript to be filed...
974
proceedings in circuit court
975
justice may be compelled to amend
transcript, and send up...........
to be tried at return term, when..
notice of, to be given, when and
how....
974
975
failing, penalty.
975
cution.
...
not dismissed for want of notice...
judgment in circuit court....
Appearance, voluntary, suits may be
976
costs in such case, how paid ……
Constable, to receive claims for suit,
liability, on official bond for claims,
to serve and return process...931,
not to purchase at sale under exe-
proceedings against, for default,
945
933
933
.932, 933,
934
934,
970
965
976
...
968, 969,
970
when not liable for seizing pro-
instituted by......
929
perty...
.....
937
by defendant cures illegality of
writ......
bonds taken by, to be filed with
975
justice.
937
Attachment, suits by, where brought,
may be first process in suits......
for witnesses, when issued; how
served.
927
929
not to take property till bond is
given.......
936
946
when given, to deliver property...
compensation of, for taking, &c.,
936
against justice to compel allow-
ance of appeal
property
937
974
may break open doors, &c.....
937
to compel sending up appeal, &c.,
Bail, in recognizance on stay of ex-
974
to levy execution.
938
ecution
960
...
negligence of, &c., not cause for
staying judgment, &c....
962
execution against, when.
961
Continuance, to bring in defendants,
Bills of exchange, consideration of,
not served.
...
940
not to be impeached........
954
by justice, when, on application of
Bill of Items, of account to be filed,
of set-off to be filed.
931
parties.....
943
941
Bond of Indemnity, given to officer..
to be returned with execution......
966
application for, how made.....…………….
Contract, actions founded on, cogni-
943
967
zable....
925
HH VOL. II.
1800
INDEX.
Justices' Courts.
Costs, security for, when required,
PAGE.
Justices' Courts.
PAGE.
.929, 930
read.........
plaintiff to pay, when he persists
in suit after demand and costs
are paid...
next friend, in suits by infants,
liable for....
Depositions, how taken; when to be
Discontinuance as to defendant, not
947, 948
served...
940
933, 934, 942
not to take place, when..
Docket, to be kept, what to contain,
943
939
927, 928,
929
of trials of right of property, how
to be open to inspection.
927
...
paid....
966
....
copies of, to be rendered..
927
how awarded on application to re-
vive judgment.....
951
notice to, and names of, witnesses
to be entered in...
948
poor person not to give bond for..
930
form of bond for..
930
order reviving judgment to be en-
tered on.....
951
suit dismissed, at whose.
937
plaintiff to pay, when.
942
Damages, witness not attending, lia-
ble to..
947
justice liable for, when......
927
recovery of, concerning personal
property
...
..925,
926
for use of property assessed.......
937
Doors may be broken open, when....
Election, of defendant under judg-
ment to be made, when...
effect of, to take value assessed...
Endorsement, on execution, by justice,
by constable, at time of receipt...
by justice, of renewal..
Evidence, facts stated in motion used
937
938
938
964
964
964
tender without deposit prevents
as, when.....
....
..956,
957
accumulation of....
942
Death of parties, proceedings.....
950
judgment of non-suit rendered
answer to interrogatories used as,
new matter to be, when........
Execution, no, to issue against exe-
957
957
against administrator..
950
cutor or administrator
950
Default, judgment by, when..
952
stay of, to be allowed
960
set aside, when...
953
application for setting aside, when
made..
953
new trial, notice of, how served...
appeal from judgment by, when
allowed........
953
when to issue, to whom directed,
when returnable, and form of...
a lien on slaves, goods, chattels,
shares in stock, &c…………..
963
964
971
to another township, when.
may be renewed, how...
964
•
964
Defence, what grounds of, may be set
up.
929
Defendant, dying, while suit is pend-
ing, proceedings....
sales of property under, regulated,
constable failing to return, pro-
964, 965
950
ceedings
968
several, in different townships, how
served with process...
927
not to issue after lapse of three
years, unless..
950, 951
several, discontinuance as to those
to be levied.....
938
not served........
940
not to issue until judgment revived,
surviving, may be prosecuted...... 950
dying after judgment, proceedings, 952
may elect to take judgment for
property, or its value
non-resident, action against.....
several defendants, action against,
where brought…………..
non-resident, to give security for
costs
paying to constable amount claim-
ed, &c., the suit shall be dismiss-
ed...
950,
951
937
927
Facts, statement of, to be filed, when,
Fair trial, case transferred if defend-
ant cannot have.......... 945, 946
False Imprisonment, not cognizable, 926
Fees collected on execution, consta-
931
927, 932
ble failing to have, before justice,
proceedings
970
929
Fine, against witness for not attend-
ing.....
947
...
933, 934
may be examined on interrogato-
ries...
956
may set up, what grounds of de-
fence.
judgment and execution for.......
against juror, not attending...958,
against justice, when.....
Garnishees may be summoned.....
Guardian ad litem, when appointed,
947
967
927
965
929
939, 940
debarred of action, when..
937
right of, not impaired.....
938
consent of, to serve shall be filed
with justice.......
.939, 940
payment of demand and costs by,
effect of......
Infant, to sue by next friend.
939
...
942
non-resident, has twenty days to
take appeal in…..
1
971, 972
next friend, how appointed.....
suit by, without next friend, not
to be dismissed.......
939
939
INDEX.
1801
Justices' Courts.
PAGE.
Justices' Courts.
PAGE.
Informality, in judgment, &c., effect
Justice, penalty for failure...
927
of......
962
may amend pleadings..
945
Instrument of Writing, sued on, to
be filed..
to notify witnesses to attend at next
930
trial, effect of........
948
presented as set-off, to be filed....
may be withdrawn, where vacancy
occurs
evidence, unless denied on oath....
as against executor or administra-
tor, must be proven...
941
Law-day to be held………..
928
Levy, released by appeal
973
944
957
Lien of judgment, when transcript
filed......
961
957
Interest, tender, without deposit,
stops....
942
Interrogatories, proceedings to ex-
amine non-resident party on,
956,
957
Joinder of causes of action....
Judgment, by confession, to be taken,
929
925,
958
for what amount, and when...958,
959
in cases of set-off..
941
of nonsuit, when.....
960
new trial, notice of, how served...
953
mutual, may be set-off....
959
for defendant, when..
941
for plaintiff, when....
941
when to be entered..
941
Lost Writing may be sued on.
loss to be proved at trial.......930,
Malicious Prosecution not cognizable,
Misdemeanor, justice guilty of, when,
Mistake, corrected by amendment...
Motion, by bail in stay of execution,
for judgment against principal..
by security in appeal bond, when,
Negotiable Note, consideration not to
be impeached……………….
New Trial, how obtained....
Non-resident Defendant-(See, De-
fendant.)
Nonsuit, against plaintiff suing se-
veral defendants, in different
townships, when....
against executor or administrator,
when
....
930
931
926
927
945
961
976
954
953
932
950
payment, when valid against....
968
when rendered generally.
960
of justice, appeal from.....
971
may be set aside, when...
953
if plaintiff fail to prosecute action
with effect.
application for setting aside.………….
953
937
new trial, notice of, how served...
953
defendant may elect what, to take,
937
not to be rendered, after cause sub-
how revived...
950,
951
mitted, except.....
960
against constable……..
969
appeal from judgment of, not al-
lowed, unless...
971
943
951
once revived may be again revived,
not stayed, &c., on account of in-
formality
Jurisdiction of Justices....922, 925,
........926, 968, 969,
951
962
970
co-extensive with county, when...
922
how rendered against administra-
tor where set-off is established, 942
transcript of, to be allowed, &c.,
by county court......... .942,
forever barred, when....
....
Notes, concurrent jurisdiction of ac-
tions on, with circuit court, 925, 926
assigned, not allowed as set-off,
when....
Notice, of assignment of note, plead-
ed as set-off, to be proven, when,
of set-off, when and how given.....
to take depositions, how served...
to executor or administrator of
plaintiff, to appear..
941
941
941
947
950
excess of judgment over, shall be
remitted
960
of new trial, after default or non-
suit.
953
concurrent with circuit courts,
when.....
not limited by amount claimed, in
what case.....
..925, 926
appeal not to be dismissed, for
want of...........
976
defendant to have, of delivery of
970
property to constable....
938
965 966
Jury may be demanded; number of;
how summoned; oath, duty and
verdict..............954, 955, 969, 970
may be discharged, when......957, 958
to try right of property; proceed-
ings
Justice, to make order, for delivery
....
to be served on principal.....
Oath, of jurors and witnesses
of jurors, to try right of property,
Order, for delivery of property, 935,
for redelivery.
verbal, to be given to witnesses,
when.....
948
976
955
....
966
936
937
of property, &c......
935
form of..
936
....
for new bond; for retaking pro-
perty, &c., when......
for new bond, when.
937
...
937
that constable retake property, &c.,
negligence, &c., not cause for stay-
when.....
937
ing judgment, &c.........
962
to keep docket open for inspection, 927
to contain summons for defendant,
Parties, new, added by amendment..
935
945
1802
INDEX.
ries to....…………
Plaintiff, may appear and conduct his
Justices' Courts.
Parties, mistake in name of, cor-
rected.....
when new, are made co-defendants,
proceedings..
PAGE. Justices' Courts.
penalty on, for refusing, &c., to
answer interrogatories.......956, 957
Penalty, actions for, cognizable in... 925
against constable, for failure to
serve and return process....934, 970
Personal Property, actions for inju-
judgment against.
established against administrator,
judgment, how rendered
PAGE.
Security, to be resident house-holders,
945
&c..
937
937
945
Set-off, may be presented by defend-
ant..
941
exceeding jurisdiction, not al-
lowed
....
941
instrument and bill of items, to be
filed ....
941
925
942
suit....
939
at trial, to make verbal statement
of his demand.....
940
Slander, action for, not cognizable in,
Statement, of facts, to be filed, when,
of claim to personal property, to
set forth, what..
926
931
.934,
935
dying, executor or administrator
form of, and affidavit.
935
of, may appear, and, failing, may
Statutory Penalty, actions for........
925
be cited.
950
Subpoena, for witnesses, valid, for
survivor of several, may prosecute,
to execute bond, condition of.
bond insufficient, new to be given,
failing, property to be redelivered
950
what; how served......
946
936
937
for witnesses, not to issue, when, 948
Suit, dismissal of, ordered..
Summons, may be first process in
937
...
to defendant...
Poor Person, who may sue as such,
Process, by what, suits instituted...
937
suit......
929
930
to be the process, unless.
931
931
to whom directed; command and
to run in the name of the State...
931
form
931,
932
to be a summons, unless..
931
when and how to be served
932
return of, how made.....
934
may be served by private person..
Prochein Ami, infant to sue by.
Property, to be sold, notwithstand-
ing verdict, when...
not defendant's, and sold under
execution, remedy of purchaser,
right of, to vest in plaintiff, when,
personal, recovery of, before jus-
tices...
value of, and damages for use of,
assessed, when....
Recognizance, for stay of execution,
in cases of appeal......
judgment against securities in………..
Release of excess of judgment.
D
Return, of execution against princi-
pal and bail.....
933
939
..
for witnesses not to issue, when...
to issue and be served on new par-
ties.
918
945
966
Tender, and deposit of amount sued
for, effect of...
.941,
942
967
938
effect of, without deposit.....
Title, to lands not to be questioned.
pleaded; proceedings
942
926
...
.926,
942
plea, to be sworn to.
912
925, 926
set-off.
937
960
972
976
960
......
Transcript, of judgment offered as
in cases of transfer of suit....945,
of judgment may be filed in circuit
court....
justice may be compelled to amend,
justice may be compelled to file...
of judgment presented, &c., to
959
946
961
974
974
.961,
976
by justice, of appeals.....
974
erroneous
to
or defective,
be
county court..
filed in appellate court, when......
Transfer of cases from one justice
942,
952
974
amended
974
to another, when and for what
justice may be compelled to make, 974
Revival of judgment, when, how,
cause....
Trespass, actions for...
950, 951,
Revocation of execution by appeal...
Rights of property, trial of; proceed-
965, 966
ings..
952
Trial, to take place, when..
945,
946
.925,
926
940
973
to take place on return of process, 910
of right of property, before consta-
ble....
965, 966
938
964,
965
965
976
976
to vest in plaintiff, when.
Sales of property under execution,
officer not to purchase at...………….
Security, judgment against, when...
property of, to be levied on, when,
remedy of, against principal........ 976
in bond for delivery of personal
936
property
´occurring in office after default or
non-suit; proceedings..........
appeal, how taken in such case,
.... 973, 974
Venue, change of, when allowed, and
bow effected.
.945, 946
Verdict of jury, how rendered, &c... 957
Vacancy, proceedings by plaintiff, in
case of.....
953
953
INDEX.
1803
966
970
Justices' Courts - Breaches of Peace.
Verdict of jury summoned to try
right of property, effect of......
Warrant not to be issued..
Witness, subpoena and attachment
PAGE. | Lands, State-Sale, Distribution.
Penalties, on officer refusing to per-
form duty...
against person failing to assist in
PAGE.
.981, 982
arrest..
981,
982
for
946
...
liable to damages, also.
947
....
competency of, how determined...
955
and fines, how recovered.....
Private Person may execute warrant,
Prosecutor, name of injured party
982
978
form of oath..
955
to be endorsed as....
979
either party may be made.....955,
refusing to testify, other party
956
liability of, for costs
979
Recognizance, breach of, to be certi-
may be sworn..
either party may be summoned as,
not attending, other party may
....
955,
956
fied to circuit court..
979
956
Treasurer, duty of.......
981
Trial, may be postponed, when.
978
testify
956
to be by jury....
979
justice being, case to be transfer-
Witness, to be subpoenaed..
979
red....
945
to be recognized, when...
980
Writ not being in the name of the
State, not to affect proceedings,
when........
975
JUSTICES' COURTS. -BREACHES OF
THE PEACE.
CHAPTER 91, 977 to 982
Appeals, may be taken; proceedings
to obtain......
980
when to be taken, and when to be
returned
980
Assaults and Batteries, not indicta-
ble, cognizable before justice..
Clerk of Circuit Court, duties of,
980,
977
981
Constable, to be charged with fine...
judgment rendered against.
Continuance by justice, what pro-
ceedings
981
981
978
Costs, how paid, when injured party
prosecutes...
979
when defendant takes benefit of
insolvent act.....
........979, 980
Execution, when to issue.
from circuit court.
Fines, extent of......
how recovered…...
County Court, duties of, in relation
to fines.....
Defendant, may be committed to jail,
may take benefit of insolvent act,
979, 980
979
.980, 981
978
778, 982
981
979
...
...
justice and clerk to certify amount
of......
981
Jurisdiction of justices, over affrays,
&c.
977
978
what cases shall not extend to......
Justices of the Peace, to issue war-
rant, when and in what cases... 978
to hear and determine the com-
plaint...
978
to proceed as in criminal cases..... 979
to require recognizance, when…..... 980
proceedings before, how regulated, 979
to certify amount of fines to trea-
surer and clerk.......
981
Officer guilty of misdemeanor, when,
981, 982
KEEPER OF TOLL-BRIDGE (See, chap-
ter Crimes and Punishments.)
Kidnapping defined; punishment;
where triable........
Killing (See, chapter Crimes and
.......558 to 564
Kindred of half-blood, how to in-
herit......
Knox County, limits defined......
LABOR-(See, chapter Crimes and
Punishments.)
Laborers-(See, chapters Adminis-
tration; Attachment; Boats and
Vessels; Corporations - Rail-
road; Insolvents; Insurance
Agencies; Judgments, and Roads
and Highways)
Laclede County, limits defined………………….
Lafayette County, limits defined.
Land Court-(See, chapter Court-
Land.)
LANDS, STATE-SALE, DISTRIBU-
992
TION. CHAPTER 92......982 to 1004
Auditor of Public Accounts, county
court to make draft upon, when,
to notify clerk of amount allotted, 992
shall draw warrant on Treasurer,
.......992, 1002, 1003
Auditor and Treasurer, to ascertain
amount of money in treasury,
when
shall apportion money among
shall give to each county an equal
share
to enter upon their books amount
allotted to each county.
....
991
991
991, 992
991
991
999
999
999
999
shall give credit for amount..
Certificate of payment to be granted,
shall be received in payment for
unsold lands..
amount due on, to be paid, when,
receivers to be credited with such,
Governor to grant, to purchasers, 1000
...
568
Punishments)...
..660,
661
462
480
481
counties
1804
INDEX.
Lands, State-Sale, Distribution.
Certificate, transferable by endorse-
ment
PAGE. | Lands, State-Sale, Distribution.
Preemption Rights, certificates of,
assignable
1001
to be located and returned, when, 1001
Commissioner, to select land, to be
assignments of, and certificates,
PAGE.
989
prima facie evidence, when...... 989
registers and receivers to take
992
Distribution of proceeds of land, 991,
Fines, how appropriated......
992
990
Governor, his duties.........983, 984,
986
to issue proclamation....
985
authorized to sell land at private
sale......
1000
appointed.
...
....983,
987
his duties in selecting....983, 985,
987
proof of.....
990
to make weekly returns...
987
to be a practical surveyor.....
Governor to appoint additional,
987
testimony in proof of, who may
take...
990
when........
987
who entitled to; transferable......
forfeiture of, when......
986
994
forfeited, revived...
999
987
when deemed forfeited..
....
.999,
1000
conflicting, how decided.....
986
Auditor
992
986
....
....
986
not to employ surveyor or chain-
carriers
Compensation of commissioner... 990
County Court, when to draw upon
may apply money to other purposes
than internal improvement, when, 992
Counties may unite funds for com-
mon purpose.....
on proof of payment, receipts to
issue
when not to vest in first settler....
Preëmptor, when to pay for his land,
988, 994
995
988
when to prove his right........988,
proving his right to have, what....
may make full payment, when………….
no affidavit required of, when.....
law liberally construed in favor of,
shall not bid for, or buy, certain
lands.....
988
989
989
995
purchaser to apply to…...
1000
to give notice of selection of lands, 1000
shall relinquish surplus lands,
entitled to bid for and buy same...
entitled to enter lands..
997
997
when...
1001
may relinquish, to what extent....
to make payment on forfeitedlands,
997
Internal Improvement Fund, what
...... 999, 1000
denominated.
986
to be applied, to what.
.991,
992
Lands, to be offered for sale, when..
989
minimum price………………..
989
additional, may be selected, when,
990
granted by Congress, proceeds of
amount paid by, on preemptions,
refunded.....
proof to be made before.....
may make payment in full on for-
feited preëmptions, when......... 1003
Register of Lands, duties of.....985,
1002
1002
sales of, to be
distributed
986, 987
amongst counties………..
991
to be selected, where, when.....
983
shall issue patents, when..
Registers and Receivers, to be ap-
1000
price per acre…………..
985
pointed....
984
forfeited, offered for sale, when
and how.
994
....
in what manner subject to pre-
....
ëmption
994, 995
who may preëmpt......... 994, 995
certain, subject to preëmption
until, when...
·
995
payment for such, how made.......
995
time of payment for, extended.....
996
a legal subdivision of...
998
Governor authorized to sell, at
their fees and tenure of office...... 984
may be removed.....
shall take oath and give bond, 984,
to take proof of preemption rights,
to decide on conflicting claims.....
appeals allowed from, to whom....
receivers to pay moneys quarterly,
allowance for traveling expenses..
registers to make quarterly reports,
to keep their offices in same house, 992
compensation for office-rent...992,
984
985
985
986
986
986
987
987
what price…………..
1000
993, 1001
Governor to be notified of location
of...
fees of..
993
1000
Land-Offices, four established, where,
term of office of, extended..
terms of office of successors to
995
983, 984
commence...
995
Nodaway and Atchison Counties
added to territory for selecting
lands......
may take acknowledgments of
transfers of preemption rights,
993
&c.....
996
Penalty for trespassing on State
lands...
fees for same..
996
990
Preemption Rights, who entitled to;
quantity of land, at what price, 988
to grant certificates of payments..
to pay amount due on certificates,
when....
999
999
INDEX.
1805
Lands-Swamp and Overflowed.
offices of, to be kept separate,
where
PAGE.
Landlords and Tenants.
Registers and Receivers, to be cre-
dited with such....
999
1001
proof to be made before…...…………….
compensation of receiver for deli-
1002
Preëmptions, allowed to certain set-
tlers....
PAGE.
1008
purchase-money for, when paid... 1008
applications for, to be made to
county clerk……………....
1008
...
vering patents....
1003
negroes and mulattoes not entitled
to.....
1008
to make semi-annual reports....... 1003
receiver to be elected only, for
School Fund, net proceeds of lands
to become part of.......
1006
what land-office....
1004
to be loaned out, how...
1008
his duties; tenure of office....
to make annual returns..
1004
1004
interest to be distributed, how..... 1009
to be collected, how..
1009
to give bond....
1004
Relinquish, widow, &c., may, lands,
preëmptors may.
995
997
Rent, office, allowed.......
1001
Savannah, lands hereafter selected
to be sold at......
Governor shall, surplus lands...... 1001
LANDS, Legislature not to interfere
with primary disposal of public,
of United States not to be taxed..
of non-residents taxed as others..
aliens may hold....
81
81
81
186
993
Secretary of State, duties of…....
998
to forward patents....
Treasurer to receive certificates, when, 999
LANDS SWAMP AND OVER-
FLOWED.-CHAPTER 93...1005
....
Commissioners, to superintend drain-
ing, &c., of lands...... .1005, 1006
compensation of………….
1003
conveyance of, regulated....353 to
counties may hold and convey....
how acquired for county seats………..
dower of widow in........
escheat of, to State, when.
liable to execution; how sold and
conveyed....
367
502
505
..668,
669
716
.740, 746 to
750
to 1009
conveyance of, with intent to de-
fraud
802
leases, &c., of, when to be in writ-
1006
ing.
806
to be notified of claim for damages,
when......
1007
of minors may be leased, sold or
mortgaged.......
826
Counties, excepted from the opera-
tion of this act....
of insane persons may be sold,
1009
mortgaged, &c.....
867
certain sections not applicable to
certain
judgments, a lien on……..
902
1009
County Courts, may order lands to
be sold......
1006
decrees concerning, to be recorded,
when reccord may be dispensed
with....
907
907
may borrow money, &c........... 1006
lists and plats of lands to be fur-
nished to........
1006
may order payment of damages,
&c., when and how.....
1007
to prescribe rules for payment of
purchase-money
1008
to decide questions arising on ap-
plications for preëmptions....... 1008
to adopt rules in relation to pre-
ëmption rights.........
Damages, persons injured by making
levee, &c., may claim.....
1008
1007
proceedings to inquire of.
.... 1007
how paid.......
.1007, 1008
Fees of officers, how paid.
.1007, 1008
Fines, how applied.......
1008
to be reclaimed…………..
...1005, 1006
1006
taking possession of, by violence..
title to, not cognizable before J. P.. 926
corners of, decayed, &c., how re-
ëstablished
..1151 to 1154
(See, chapters Administration;
Evidence; Lands-Swamp and
Overflowed; Lands, State
Sale, Distribution; Limitations;
Revenue; Saline Lands; School
Lands, and Schools.)
LANDLORDS AND TENANTS.
CHAPTER 91......
1009 to 1019
1019
Administrator, of party committing
waste, liable...
suit may be revived against........ 1019
of tenant for life may recover rent,
...1010, 1011
remedy of, for rent unpaid.……………….. 1011
Affidavit in suit by attachment.. 1015
Lands, swamp, given to the counties, 1005
may be sold, when and how...
net proceeds of, how disposed of... 1006
certain sections not applicable to,
what counties.....
1009
Misdemeanor, what acts declared.... 1008
Patents, to issue to purchasers....... 1006
how executed, and where recorded, 1006
....
Appeal allowed......
1018
Assignee may sue for rent.
1016
Attachment, may issue for rent......
1015
causes for...
1015
1015
1015
affidavit to be made...
bond to be given......
787
1806
INDEX.
Landlords and Tenants.
PAGE.
Laws.
Attachment, proceedings in case of,
1015, 1016
bond given, by whom
•
1015
property exempt from execution
ousted......
not to be seized on....
1016
Attornment to stranger, void…………………
lien on crop for..
1013
Bond in attachment suit.
1015
Costs..
1017
Crop, lien on, for rent.
1013
Rents, may be recovered by attach-
ment...
failing to pay, tenant may be
may be recovered, of whom..
Representatives of a tenant, actions
may be brought or
against...
PAGE.
1015, 1016
1016, 1017
1013
1016
....
revived
1019
Damages, treble, may be recovered,
when.....
Sub-lessee, liable for rent..
1016
1018, 1019
may be ousted..
......... 1016
1014
...
1014
who liable for damages for waste,
....
.... 1018, 1019
Demand, for rent, what sufficient,
.1017, 1018
to be made by purchaser, when... 1018
Ejectment, may be brought.....1014, 1016
summons in, how served..
effect of service......
may be ousted...
Summary Remedy to obtain posses-
sion......
Tenant, to give notice to landlord, of
Sub-tenant, liable for rent.
1016
1016
1016, 1017
summons in ejectment..
1011
penalty on, for failure....
1011
giving notice to quit, and not deli-
judgment in...
1014, 1015
vering possession, liable.
1011
tender of rent and costs.
1015
liability of, after termination of
Guardian and Curator, liable for
lease and notice.....
1012
waste......
1019
to have no relief, when...
1015
to pay treble damages, when..
1019
Heirs may sue for waste, when....
Landlord, may recover for use and
1019
cannot assign without license...... 1012
may be dispossessed, how... 1016, 1017
liable for waste.
occupation..
1013
lien of, for rent...
1013
to hold premises discharged of
lease...
1015
may bring ejectment....
..1014, 1016
may sue by attachment..
1015
Lessee barred from relief, when...... 1015
Mortgagee of lease, reservation in
favor of.....
...
1015
Notice, tenant served with summons,
to give, to landlord.
1011
liability of tenant after giving..... 1011
liability of tenant after demand
and
1012
landlord may enter after, when... 1012
tenancy terminated by
1012
length of.......
1012
not necessary, when......
1012
Parol Lease, evidence in action for
use and occupation.
1013
Possession, of premises, how re-
covered......
1016, 1017
writ of, to issue.
1017
may be recovered by ejectment.... 1014
1017
1018
1018
tenant may sue.
proceedings and proof.
1018, 1019
Use and Occupation, action for....... 1013
Waste, tenant liable for......... 1018, 1019
treble damages may be recovered,
1018, 1019
guardian and curator liable for.... 1019
who may sue..
1018, 1019
Writ of Possession, when to issue... 1017
LAND MARKS, removing, defacing, &c.,
....
585, 586
decayed, proceedings to replace... 1151
Land Offices-(See, chapter Lands,
State-Sales; Distribution.)
...
Lapse of Time, presumption of pay-
ment arising from......
Larceny-(See, chapter Crimes and
Punishments.)
1053
Law Commissioner's Court-(See,
Court-Law Commissioner's.)
Lawrence County, limits defined.....
Lopping ornamental or fruit trees, 584
481
LAWS.-CHAPTER 95........... 1020 to 1022
Acts to take effect ninety days from
passage.
Common Law, in force....
punishment by, limited..
1022
1020
1020
Process not to issue, when....
Purchaser of land in possession of
Receiver may be appointed, when... 1019
Rents, executor or administrator of
tenant for life may recover,
1010, 1011
dependent on life of another, re-
medy for.......
1011
in right of wife may be recovered, 1011
in arrear, on lease for life, remedy, 1011
double, may be recovered..
1012
....
Bills, vetoed, how authenticated...... 1021
not returned, how authenticated... 1021
British Statutes, what, in force....... 1020
for punishment for crimes, not in
force..
....
1020
Law, repealing a former law, being
itself repealed, not to revive
former law......
1021
Original Rolls of laws to be bound,
how
1022
...
INDEX.
1807
Laws and Journals, &c.
Laws, ex post facto, not to be passed,
impairing obligation of contracts,
not to be passed.......
of the State, style of.......
PAGE.
25, 85
85
Lead Furnaces.-Legislature, &c.
Revised Statutes, 12,000 copies to be
printed...
1023
School Law, 9,000 to be printed...... 1026
Sentence, when pronounced under
PAGE.
72
former law.....
.... 1026
retrospective, shall not be passed……..
85
LEAD FURNACES.
CHAPTER 98,
LAWS AND JOURNALS-PUBLI-
CATION. - CHAPTER 97... 1028
1032, 1033
to 1032
1030
....
1029
Clerks, duties of, in relation to dis-
tribution...
Laws and Journals, number of copies
to be printed......
to be distributed, when, how, 1029, 1030
what number to be retained........ 1030
what number to be printed and
bound………..
to be deposited with circuit clerks, 1030
ty injured.
owner not liable to, when..
LEASE, of land, by executor and admi-
nistrator
136
....
1029, 1031
not in writing to have effect of es-
tate at will...
806
assignment of, to be in writing,
...806, 807
628
1408
Damages to be recovered, how. 1033
Furnaces to be inclosed, how...1032, 1033
Penalty, for neglect; liability to par-
1033
1033
compensation for copying..
1032
for making index.....
of sister States to be kept.
1032
1032
who entitled to copies....
1029, 1032
Officers to deliver over copies of laws,
to whom....
1031
Original Rolls, to be deposited,
where.
...
1028
1028
to be bound and indexed.....
to be copied and delivered to Print-
er, &c...
...1028, 1029, 1031
Senate and House, their duties.... 1031
Secretary of State, his duties, 1028,
1029, 1030, 1031, 1032
of tenement for gaming-house,
brothel, &c., void, when....
of school lands, when and what
to contain..
(See, chapters Administration;
Forcible Entry and Detainer.)
Legacies (See, chapter Adminis-
tration.)
Legatee-(See, chapter Administra-
tion.)
LEGISLATURE COMPENSATION.
CHAPTER 101.......... 1039 to 1041
Committee, compensation of, to ex-
amine Bank..
to examine into the condition of
certain State offices....
1040
1040
Compensation, of members.....1039, 1040
of President of Senate and Speak-
96........
LAWS. REVISED STATUTES.
CONSTRUCTION. - CHAPTER
1022 to 1028
Actions pending at repeal, proceed-
ings.
1025
Acts, what the Revised Statutes shall
contain...
er..
1039, 1040
1023
to continue in case of sickness,
what, shall not be published..
1023
&c..
1040
local and private, not repealed,
continued in force......
1025
repeal of, by this act, effect of..... 1025
of a general nature to take effect,
when....
of clerks of either house....
certificate of, how granted and is-
issued....
1040
1040, 1041
of committees to examine Bank
1026
and State offices..
1040
public, not revised, continued in
force..
of door-keeper.
1040
...
1026
of sergeant-at-arms.
1040
1026
...
1027
former, in force, repealed.
applicable to St. Louis, not re-
pealed
Appendix, what shall be printed in.. 1024
Commissioner, to superintend and
direct publication, his duties.... 1024
vacancy in office, how filled..... 1024
Constitutions, &c., to be published.. 1023
Construction, of terms and words in
Revised Statutes, 1024, 1025,
1026, 1027
of repugnant provisions......1024, 1025
Offence, &c., when not affected by
repeal.
1025
HH 2— VOL. II.
LEGISLATURE.-MEETINGS.-VA-
CANCIES. PETITIONS.
CHAPTER 99.
County or District divided, election,
how held..........
1033 to 1035
1035
...1034, 1035
1034, 1035
Election, to supply vacancies, how
held..
notice of, to be given, how, by
whom...
....
General Assembly, when to meet..... 1034
Governor, his duties...
1034
Notice, to be given by petitioners,
when and how.......
1035
1808
INDEX.
Legislature— Proceedings.
Notice to be renewed, when.......
Petitioners to give notice, when and
how
Vacancy to be certified to Governor, 1034
Writs of election, how directed...... 1034
LEGISLATURE-PROCEEDINGS.-
....
TER 102......
-CHAP-
Acknowledgment, before whom to
be taken
...
not to be taken, when.
PAGE.
PAGE.
1035
LETTERS OF ATTORNEY.
.1041 to 1044
1035
.1041, 1042
1043
Certificate, of proof or acknowledg-
ment to be endorsed ....
1043
how made..………..
1043
1043
.1043, 1044
1044
1044
1043
1044
CHAPTER 100......... 1036 to 1039
Committee, disturbing, how punish-
1037
ed.....
Contingent Expenses, how controlled, 1038
Depositions, may be taken and read, 1037
commissioners to take..........
Elections, majority of whole, to de-
1037
termine......
1039
Fees and expenses, how and when
paid......
1038
Joint Expenses, how controlled and
adjusted
1038
Joint Meetings, how organized.
1036
......
who to preside; what rules govern, 1036
member, how punished in, for con-
tempt...
1036, 1037
who may be ordered into custody, 1037
Oaths, power to administer..... 1039
Subpoenas and process, how issued
and attested..
Witness, compensation of
to set forth, what facts.
not granted till........
of proof, to set forth, what…........
to be granted, when....
Handwriting, to be proved………......
proof of, to be taken, when....
Letters of Attorney, how acknow-
ledged, or proved and certified, 1041
acknowledgment or proof of, be-
fore whom taken..
certificate of acknowledgment or
1042
proof to state, what.........1043, 1044
affecting real estate, not included
in this act........
....
•
1041
1043, 1044
1044
proof of the execution of, shall
be, what
may be evidence, when
Powers of Attorney-(See, Letters
of Attorney.)
1037, 1038
..... 1038
Proof, by witness, shall be taken,
when.....
1043
certificate of, to set forth, what
facts...
1044
Writs and Process, power to issue... 1037
LEGISLATURE, to consist of Senate and
House of Representatives………..
House, how constituted; qualifica-
65
tion......
65
apportionment of representation,
....65, 91, 92, 1320, 1321
House, possesses sole power of
impeachment.………….
of handwriting of maker and wit-
ness to be taken, when...... 1044
no certificate of, granted, unless.. 1044
Real Estate, powers of attorney af-
fecting, not included....
1041
Witness, evidence of, not to be taken,
71
unless...
1043
Senate, how constituted; appor-
.66, 1320, 1321
tionment..
handwriting of, shall be proved,
when......
1044
qualifications of electors......
who are ineligible to either house,
.67,
67
68
powers of each house, rules, jour-
nals, expulsions...
68
disqualification of members to hold
certain offices
888
68
68
68
to sit with open doors.
power to punish for contempt......
privileges and compensation of
members....... 69, 91, 92, 1039, 1040
powers as to introduction, emanci-
pation and treatment of slaves, 70
(See, chapters Asylum-Blind;
Corporations-Railroad; Cor-
porations-Road Associations.)
Lessee (See, chapter Landlords
and Tenant.)
Letter-book to be kept by Auditor
and Treasurer..
Letters, of administration and testa-
mentary.
...
1549
113
of attorney, must be recorded, 364, 365
LEVYING on property without legal
.....
process
Lewis County, limits defined
Liabilities (See, chapters Assign-
ments-Voluntary; and Schools.)
Libel, in prosecution for, truth may
be given in evidence, and jury
to be the judges of the law and
the fact
(See, chapter Practice in Civil Cases.)
Liberty of speech, and of the press,
guaranteed..
621
462
85
...
85
Library, State― (See, chapter State
Library.)
to attorneys at law
to auctioneers
....
License, to agents of insurance com-
panies
887
278
281
...
.290, 291.
328
593
782
to billiard-tables....
to brokers
forgery of.....
to ferries
...
INDEX.
1809
Limitations.
License, to groceries and dram-shops,
to merchants......
to free negroes, to reside in this
State....
PAGE. | Limitations.
683
1073
to pedlers....
...1094, 1095
1128
to clock pedlers..
1129
Lien, of counties, for balances due
on settlement
524
on what property for expenses of
imprisonment.......
896
.741, 742
of judgments and decrees.
902
of executions
of judgments before justice of the
peace, when transcript filed in
circuit court
961, 962
964
of execution issued by justice of
....
the peace
of landlord, on crop, for rent,...... 1013
of artisans, builders, mechanics,
and others.....
of accounts audited, allowed and
adjusted, by Auditor, in favor of
State.....
(See, chapters Attachment; Billiard-
tables; Boats and Vessels;
Judgments; Mechanics' Liens;
Practice in Criminal Cases, and
Revenue.)
Life Insurance Companies-(See,
chapter Insurance Agencies.)
Lieutenant-Governor, election and
qualification
1065
1550
Actions barred by this act, written
PAGE.
promise required to revive...... 1052
Administration, letters of, statute
begins to run from grant of,
when..
Administrator must commence new
action, when....
....
.1051, 1052
..1049, 1051
1050, 1051
Alien, enemy, limitation against,
provisions relative to, not appli-
cable to penal actions....
Application of the provisions of
this act....、
...
1051
.1052, 1053
Assigns must sue, when.........1046, 1051
Convict, imprisoned, not barred, 1046, 1049
Corporations, moneyed, this act not
applicable to.......
Covenants in conveyances.
...
1052
1017
Death, in case of, in what time ac-
tion to be brought...........1051, 1052
Defendant out of State before or after
cause of action, when suit to be
commenced..
1049, 1050
Devisees, barred of action, when,
...
....
1046, 1051
Disability, saving to persons under,
.1046, 1049, 1050, 1051
on death of persons under, cause
of action to survive, 1046, 1049, 1051
proceedings, when persons under,
die....
1046
74
to be President of the Senate,
when.......
74
to act as Governor; when to vote,
Entry, when not deemed valid... 1045
Escape, action for, limited.....
False Imprisonment, limitation of
actions for
1048
1018
.........74,
75
Fraud, action for relief on ground
75, 709
1052
tion accrues on......
contested election of, regulated,
LIMITATIONS.-CHAPTER 103...1045
to 1053
Absence from State, effect of...1049, 1050
Absconding or Concealing, person,
effect of
Accounts, mutual, when cause of ac-
1048, 1049
of, when to be brought............ 1048
when the action is deemed to have
accrued.....
1048
Grantee barred from action, when.. 1046
Heirs must sue or enter, in what
time......
Infant not barred.
Injunction, action stayed by, time
not computed……………..
1046
.1046, 1049
Acknowledgment, presumption of
payment repelled by proof of
written.....
1052
Insane Person not barred........1046, 1049
Interest, payment of, takes case out
of the statute....
1053
1053
against joint debtor.
written, required..
1053
1052, 1053
by debtor cannot revive demand
Actions, when commenced by per-
sons laboring under disability.. 1046
for penalties, when commenced by
private person
reversed, new action brought, when, 1051
when presumed to be satisfied..... 1053
written acknowledgment or pay-
Joint Debtors, provision in relation
to....
1053
Judgment, arrested, new action may
be brought......
1051
1049
....
ment required……………....
1053
when by attorney for the State.... 1049
by State, subject to limitations of
this act...
Lands, action for, not to be com-
menced unless..
1045
1049
this act not applicable to, com-
menced........
when possession of part deemed
possession of whole.
1046
1053
Limitation, of actions founded on
limited by.other statutes not af-
fected by this act
1052
writing, sealed or unsealed...... 1047
of actions of covenant.
1047
1810
INDEX.
•
PAGE. | Lost Money and Goods.
Time of absence out of State, not
Limitations.
Limitation, against absconded or con-
cealed defendant.........
1052
all disabilities must be removed be-
fore, attaches.....
of suit stayed by injunction....
1052
1052
to real actions..
1045
to actions for relief not otherwise
provided for....
1047
on contracts, &c, except.....
1048
on liability created by statute...... 1048
for trespass on real estate..
computed..
PAGE.
1049, 1050
nor continuance of war, when, 1050, 1051
nor whilst injunction is in force... 1052
LIMITATION, of action against securi-
ties on administrators' bond......
of demands against estates.......
of actions against apprentices…………..
against boats and vessels...
ou constable's bond...........
of claims to escheated estates
to suits against ferrymen....
121
152
193
313
1048
347
to recover penalty or forfeiture... 1048
for relief on ground of fraud...... 1048
against an officer.
721
784
1048
of actions of forcible entry and de-
tainer...
792
under gaming act.
820
1048
of scire facias on liens on build-
ings
1070
statute........
1048
1058
1103
...
for libel, slander, assault and bat-
tery,false imprisonment or crimi-
nal conversation.....
for penalty or forfeiture given by
against an officer for escape... 1048
to actions brought by the State.... 1049
Married Woman not barred.....1046, 1049
Minor not barred..
..1046, 1049
Non-resident, provisions as to..1049, 1050
Non-suit, in case of, new action may
be brought, when.
1051
Officer, limitation of action against, 1048
Payment, of part principal, or inter-
est, takes case out of statute... 1053
presumption of, repelled by proof, 1053
Penalty, action for, limited......1048, 1049
Personal property, action to recover,
limited
Possession, when part of tract deem-
ed possession of whole....
1048
1046
Presumptions may be repelled, how, 1053
of prosecution for penalty for al-
tering mark or brand..
of suits against notaries.
of suing out writ of error........... 1295
(See, chapters Administration; Cor-
porations-Railroad; Damages;
Dram-shops; Gaming; Practice
in Civil Cases, and Practice in
Criminal Cases)
Limited Partnerships-(See, chap-
ter Partnerships - Limited.)
Lincoln County, limits defined........
Linn County, limits defined.....
Liquor, not to be sold without license,
not to be sold to Indians.
selling, to slaves, apprentices, &c.,
462
463
683
856
686, 687, 688
merchant not to sell, to be drank
Principal, part payment of, takes
at store..
1077
case out of statute..
1053
pedler not to sell
1128
part payment of, by joint con-
master permitting slave to sell,
tractor, effect of..
1053
penalty..
1474
Promise, to take case out of statute,
Livingston County, limits defined
463
to be in writing.....
1052
Loan, of slaves, goods and chattels,
does not revive demand against
joint debtor......
1053
when deemed fraudulent....803, 804
(See, chapter Schools.)
Relief, on ground of fraud, action
for, limited..
1048
1048
when right of action is deemed to
have accrued...
Remedy, in case of non-suit, arrest,
or reversal of judgment, &c...... 1051
in case of defendant's death, after
suit and before judgment......... 1051
in case of death of plaintiff...... 1051
Right of Action, deemed to accrue,
when....
1048
Locomotive (See, chapter Crimes
and Punishments.)
LOST MONEY AND GOODS. - CHAP-
.1054, 1055
TER 101....
Appraisers to be appointed; duty of.. 1054
Finder, to make affidavit; nature of, 1054
to set up copy of valuation....... 1054
to advertise in newspaper, when, 1054
to restore property, when..
1055
failing to make discovery of pro-
where there are mutual accounts, 1048
this act not to apply where, has
accrued......
1053
perty found, penalty........
Justice of the Peace, his duties...... 1054
Owner, may recover, how.....
1055
1055
Right of possession not impaired by
descent cast..
1046
may appear and prove his proper-
ty, when....
1055
Sheriff, limitation of action against, 1048
State, when actions shall be brought
by ...
1049
LOST PROPERTY (See, chapter Crimes
and Punishments.)
INDEX.
1811
܀
Mandamus - Marks and Brands.
Lunatic Asylum-(See, chapters
Asylum-State Lunatic; and
Insane Persons)
Lunacy (See, chapter Practice in
Criminal Cases.)
Lost Writing may be sued on, before
justice of the peace.
in circuit court......
PAGE. | Marriage Contracts.
930
.1240,
1241
Lottery Tickets (See, chapter
Crimes and Punishments.)
―
MACHINERY (See, chapter Crimes
and Punishments.)
Penalty, for using mark or brand not
recorded
....
for altering or defacing mark or
brand....
PAGE.
1058
1058
for mismarking or misbranding.... 1058
for concealing offences......
1058
Penalties, how recovered, &c.......... 1058
MARKS AND BRANDS of cattle, alter-
ing, larceny.
......577, 578
(See, chapters Horses, and Strays.)
MARRIAGE CONTRACTS.
CHAP-
Macon County, limits defined....463,
Madison County, limits defined, 481,
Mails-(See, chapter Corporations
- Railroad)
464
TER 107
1059 to 1061
482
Contracts, to be in writing..
....
.... 1060
how acknowledged, or proved, and
certified.
1060
Maiming, punishment for........ 565, 566
Maintenance (See, chapter Admi-
nistration.)
Malicious Mischief..
Malicious Prosecution, actions for,
not cognizable before justices.. 926
Managers (See, chapter Asylum-
State Lunatic.)
MANDAMUS. CHAPTER 105, 1055 to 1057
to be recorded, where.
1060
when deposited for record, shall
impart notice......
1060
.........584, 585
not to affect third persons till de-
livered for record.
.....
1060
female over eighteen years may
make.....
1059
valid and binding.
...
1059
Evidence, contract duly authentica-
ted, to be received in..
1060
Costs, for whom adjudged…………..
1056
Damages may be recovered....
1056
Issue, where to be tried………….
1056
Mandamus, return to first writ of...
pleadings, on return of…………..
|
1056
plead to...
peremptory, may be granted, when, 1056
time allowed to make return, or
Recovery, a bar to further suit for
1056, 1057
1061
making return.
1056
when illegal and void..
1062
MANSLAUGHTER.
560 to 563
penalty on persons, for contracting
or solemnizing such..
1062
Manufactory, burning of...
Manumission of slaves...
571, 572
contracted without the State, when
.1478, 1479
valid.........
1062
Maps-(See, chapter Revenue.)
Maries County, limits defined......
Marion County, limits defined…………
MARKS AND BRANDS.
482
who may perform the ceremony of. 1062
penalty, for making false entry or
464
1064
A
a certified copy of contract shall
be......
1055 MARRIAGES.-CHAPTER 108, 1061 to 1064
Evidence, record of marriages, aud
certified copies, shall be.......... 1064
Marriage, in law, a civil contract.... 1061
in what degrees, incestuous and
void...
1060, 1061
return of…………………….
Minors not to be married without
consent of parent or guardian.. 1062
certificate of consent, to be filed
with recorder...
penalty for marrying, without con-
106..
CHAPTER
...1057 to 1059
Cattle, Hogs and sheep, to be mark-
ed or branded....
1057
at what age to be marked or
sent.....
..
branded..
running at large, duty of person
killing
1057
how recovered...
1058
1057
Mark or Brand, owner of stock to
have.
description of, to be recorded...... 1057
disputes concerning, how decided, 1057
not more than one, to be used in
same family.....
Mark by which the ear is taken off
unlawful....
1062, 1063
...
.162, 1063
1062, 1063
1064
1064
additional penalty for marrying,
without consent.........
Misdemeanor to marry without con-
sent......………………
Record of marriages to be kept, &c... 1063
Recorder, his duties, fees, and
1057
penalty for neglect.....
Religious Societies may solemize
marriages, how………………….. 1063, 1064
1063
1059
Minors when, and when not, may
have marks or brands......1057, 1058
MARRIAGE of executrix or administra-
trix, effect of,………….....
119
1812
INDEX.
PAGE.
Mechanics' Liens.
Marriage, of femme sole guardian or
curator, revokes appointment... 824
of female party to a suit, husband
to be brought in........
may be dissolved, by divorce, when,
...
...
1275
662, 663
(See, chapters Crimes and Punish-
ments; Evidence, and Frauds
and Perjuries.)
Married Woman, cannot be executrix
or administratrix.
abandoned by husband, court may
decree maintenance.
113
665
Mechanics' Liens.
Judgment, shall be rendered, when
and for what....
PAGE.
1069
by default may be rendered, 1069, 1070
shall be rendered against property,
when....
appears.
....
how rendered, if party is served or
1070
1070
......1065, 1068
Land, quantity around building, sub-
ject to lien...
Lien, of artisans, builders, mechanics, 1065
proceedings to procure...
1067
of sub-contractor, to procure....
.... 1066
sub-contractor to settle with con-
tractor
effect of certificate of settlement
or statement of sub-contractor,
1066
1066, 1067
672
employer becomes debtor of sub-
contractor, when...
1066 1067
1567
bound by...
1066, 1067
may convey property; relinquish
dower...
.361, 362, 363
abandoning husband, with adul-
terer, barred of jointure and
dower
shall not make will, without au-
thority of husband...
(See, chapters Administration;
Limitations; Practice in Civil
Cases, and Practice in Criminal
Cases.)
Marshal(See, chapters Adminis-
tration; Court-Criminal; Court
-Law Commissioner's; Court-
Supreme; Practice in Criminal
Cases; Sheriff and Marshal, and
Towns.)
Marshal of St. Louis county, 1467 to 1469
(See, title Sheriff and Marshal.)
Marshes, firing, prohibited; penalty,
proceedings against the property
copy of settlement filed with clerk, 1066
proceedings, if contractor refuses,
&c., to settle with sub-contractor, 1066
of mechanics to have priority, 1067, 1068
for any amount may be enforced,
..1068, 1069
shall be enforced, how………..
1069
to attach, to exclusion of prior in-
cumbrances..
1068
Limitation to actions..
1070
Notice, to be given owner by sub-con-
tractor...
1066
1584, 1585
to be served, how......
1067
effect of sub-contractor failing to
give
1071
Owner or Proprietor, definition of
term..
1070
how recovered.
Master-(See, chapters Boats and
Vessels; Dram-shops; Inquests.)
Mayhem, cases, and punishment of,
565, 566
McDonald County, limits defined..... 482
MECHANICS' LIENS.-CHAPTER 109,
Parties, who shall and may be........ 1069
in case of death, who shall be sub-
stituted..
1069
1064 to 1072
guardians shall be...
1069
Account, verified by affidavit, to be
filed, when...
....1066, 1067
to be given owner by sub-con-
tractor..
guardians ad litem may be ap-
pointed….…………….
1069
Petition shall alledge, what..
1069
1066
Pleading and Practice, same as in
copy of, verified by affidavit........ 1066
Acts, certain, repealed......
civil actions....
1069
1071
Clerk, duty of, relative to liens filed
in his office......
1067
Court-Law Commissioner's, juris-
diction of..
1072
Court-St. Louis Land, jurisdiction
1072
of..
Execution, how executed; return-
able, how.
1070
Fee, of clerk for filing lien…….…………….. 1067
for entering satisfaction of judg-
ment...
1071
Guardians, to be made parties, when, 1069
ad litem to be appointed, when.... 1069
Judgment shall be binding on mi-
nors...
1069
Priority of mechanic's lien......1067, 1068
over senior incumbrances, &c...... 1068
Purchaser may remove improve-
ments, when..
Satisfaction of lien, to be entered,
when....
forfeiture on creditor, for failing
to enter
Sub-contractors, who considered,
Suits, when to be commenced......... 1070
MECHANICS'
LIEN
Court-Land.)
Medical Attention- (See, chapter
Jails and Jailers.)
1068
.....
.....1070, 1071
1071
.1071, 1072
(See, chapter
INDEX.
1813
1073
1073
1073, 1074
Merchants.
Medicines-(See, chapter Crimes and
Punishments.)
Meeting-(See, chapters Asylum-
Blind; Asylum Deaf and
Dumb; Negroes and Mulattoes,
and Schools.
PAGE.
Mercer County, limits defined...464, 465
Merchandise, burning, with intent
to defraud insurer....
Mills and Millers. — Mills and Mill-dams. PAGE.
Mileage (See, chapter Fees.)
Mile-post or stone, destroying, &c., 586
Military Officers to aid in quelling
riots....
Militia may be summoned to quell
riots...
Miller County, limits defined…………..
572 MILLS AND MILLERS.
MERCHANTS. -CHAPTER 110, 1072 to 1078
Ad valorem Tax, merchants to pay,
what.
Bond, to be executed before license
....
issues.
form of....
forfeited, proceedings.........1075, 1076
Clerk, shall issue blank licenses...... 1074
duty of, after issuing license....... 1075
to certify to Auditor the amount
charged against collector......... 1077
form of license………..
1074, 1075
Collector, to make return to county
....
111.....
619, 620
619
483
CHAPTER
1078 to 1080
Mills, what, are declared public..... 1079
shall grind for customers....
1079
grain to be ground in turn…………………….. 1079
public, made private, how...
1080
effect of such conversion......
1080
forfeiture of privilege; proceed-
ings against.
1080
Millers, duty of, when bolting ma-
chine is turned by hand........
1079
extent of liability of........
1079
court..
1076
when not responsible for loss, 1079,
to keep sealed measures.
penalty for violations of this act.. 1080
Toll, rates of…………..
1080
1080
....
1079
failing to make return, to be charged
not less than two hundred dol-
lars.....
MILLS AND MILL-DAMS.-CHAP-
1077
TER 112.....
1081 to 1086
duty of, in offering to furnish li-
censes
...
and how...
quantity
...
to sue on forfeited bonds......
what, may show as to statement... 1076
to report, what facts, to grand jury, 1077
Court to settle with collector, when,
Druggists, may sell liquors in any
included in term merchant.
Farmers, privileges of, under this act, 1078
Fees of officers.
of collector's attorney.
Judgment rendered on forfeiture of
1077
1076
Ad Quod Damnum, writ of, when
and how to be issued..
1082
subjects of inquiry upon...
1082
when court may order a new writ, 1083
Costs, how adjudged…………….
1083.
Dams, who may erect.....
1081
....1076, 1077
may erect, by owning one side of
water-course, when..
1081
...
•
1077
1078
....
1075
petition for privilege to erect...... 1081
character of petition.....
1082
where petition to be filed. ...... 1081
height of, may be increased, when,
1076
1084, 1085.
order of court, on petition.
1082
bond....
.....1075, 1076
Justices, shall issue warrant, when,
&c. .....
....1077, 1078
penalty for heightening.....
power of circuit court to prevent
erection of..
1085
1085,
proceedings by, if accused be
found guilty.
1078
License, extent of....
1077
Liquors, authority to sell, limited... 1077
Merchants, who declared to be, 1073, 1078
not to deal without license.
what, deemed public nuisances.... 1085
effect of failure to build.
1085
when right to construct, shall cease, 1086
Issues, when court may direct to be
...
made.....
1083
1073
Jury, to be summoned....
1082
to file statement of amount of
goods received for sale....
to meet where dam is proposed to
1074
be erected....
1082
Officers and Citizens, duty of, in
of what they shall inquire.
1082
giving information of violation
of this act.………….
inquest to be in writing, and sign-
1077
ed........
1083
Physicians not embraced in the term
persons aggrieved by verdict, how
merchant
1078
to proceed....
1083
Statement, to be filed of amount of
Sheriff, to summon jury.
1082
goods received for sale..........
to be verified by affidavit..........
1074
duty of, in executing writ..
1082
1074
shall give notice to proprietor of
land....
1083
MERCHANTS
(See, chapter Boats and
with assistance of jury, to set
Vessels.)
apart one acre of land, when, 1983.
1814
INDEX.
PAGE.
Mortgages.
Sheriff, shall return inquest of jury
to court.......
1083
power of, in an adjoining county.. 1083
MILLS AND MILL-DAMS, destroying,
&c .....
Assignee or Mortgagee, proceedings
in case of death of....
shall acknowledge satisfaction,
when..
failing, shall forfeit ten per cent.,
PAGE.
1088
1091
585
1091, 1092
67
67
Court-St. Louis Land, jurisdiction
of....
Deeds of Trust, may be foreclosed,
how, and by whom...
1092
1088
910,
911
may solemnize marriages
penalty for solemnizing certain,
1062
1091, 1092
1062, 1064
Ministers of the Gospel, not eligible
to Legislature......
not to be appointed to office
exempt from serving as jurors,
...
not bound to disclose confessions
made to them in their profes-
sional character..
Minors (See, chapters Court-Cri-
minal; Damages; Dram-Shops;
Limitations; Practice in Civil
Cases, and Revenue.)
Miscarriage, administering medicine,
1578
intending to procure.........567, 568
Misdemeanor, in office, what officers
may be impeached for........ 70,
other proceedings in relation to,
Deed of Release, attorney in fact
empowered to execute; and ef-
fect of such....
Estates, leasehold, shall be proceed-
...
1092
ed against as estates, real........ 1090
Execution, shall be a special fieri fa-
cias
1090
71
sheriff removable for..
75
when returnable; sales, how con-
ducted; where directed.....
Interest, claimant of, in property,
how made defendant....………….
persons having, shall be made par-
ties.
Judgment, what it shall be in certain
1090
1089
1089
....
public administrator may be in-
dicted and fined for.
cases....
1089, 1090
177
Notice, mortgaged personal property,
circuit attorney may be indicted
for
275
except slaves, may be sold on,
when.....
1091
how and when given....
1091
279
338
Parties, claiming interest, may be
made defendants.....
1089
523
incumbrancers, and persons having
an interest, to be made..
Personal Property, what mortgaged,
1089
1064
1471
tents....
...
attorney at law may be removed
or suspended from practice for,
clerk, when deemed guilty of......
county treasurer, when deemed
guilty of.........
·
1549
making false returns of marriage,
&c., declared to be
bringing slave into the State who
is entitled to freedom......
bringing into the State free negro, 1098
recorder, when deemed guilty of.. 1316
in Auditor and Treasurer, what
deemed...
(See, chapters Clerks; Corpora-
tions- Railroad; Courts - Ju-
dicial Power; Crimes and Pun-
ishments; Jurors; Justices'
Courts; Marriage Contracts;
Practice in Criminal Cases, and
Schools.)
.....
Misnomer-(See, chapter Practice
in Criminal Cases.)
Misprision of Treason, punishment, 555
Mississippi County, limits defined... 483
Mistakes amended......
1253, 1254
may be sold without suit......... 1091
Petition, when and where filed; con-
1087, 1088
where filed, if part of property be
real estate...
1088
Publication, order of, when and how
made.
Redemption before sale, certificate
to be given and recorded......... 1092
Sales of mortgaged property, valid,
1089
upon whom....
1091
Satisfaction of mortgage or deed of
trust to be entered, how and
when..
failing to enter, forfeiture and
damages
Summons, how issued, served and
1091
.....
.1091, 1092
returned.....
1088
(See, chapter Justices' Courts.)
Money found, how disposed of, 1054, 1055
Moniteau County, limits defined, 483,
Monroe County, limits defined...
Trustee, or Cestui Qui Trust, shall
acknowledge satisfaction, when, 1091
failing, shall forfeit.. 1091, 1092
....
484
465
MORTGAGE (See, chapters Adminis-
Montgomery County, limits defined,
Morgan County, limits defined........
465
tration and Schools.)
484
MORTGAGES.-CHAPTER 113, 1086 to 1092
Mother, when to bind out children.. 188
when guardian of child...
when to inherit......
821
.659, 660
INDEX.
1815
Negroes and Mulattoes.
Motion-(See,
Mother (See, chapters Damages,
and Guardians and Curators.)
chapters Attach-
ment; Escheats; Judgments;
Practice in Criminal Cases, and
Practice in Civil Cases.)
Mulatto (See, chapter Crimes and
Punishments.)
Mould for counterfeiting, making,
&c........
Murder....
PAGE. | Negroes and Mulattoes.
596, 597
558, 559
NAME, affixing pretended, forgery...... 595
using own, pretending it is an-
other's
....
(See, chapters Practice in Civil
Cases, and Practice in Criminal
Cases.)
Nature, crime against...
Naturalization, laws of the United
595
624
States in relation to......1609 to 1616
(See, chapters Elections, and Fees.)
Navigation, of rivers in and border-
ing the State, declared free......
improvement of, to be encouraged,
Negligence (See, chapter Innkeep-
ers.)
Negotiable Instrument
(See, chap-
ter Practice in Civil Cases.)
Negotiable Note, what to be consi-
dered; effect of.........
Free Negroes and Mulattoes, to be
arrested, when.....
PAGE.
1097, 1098
register of, to be kept by clerk.... 1094
county court may grant license to, 1095
who are entitled to license.
shall produce evidence and give
bond..
...
....
1095
1095
of removal of.. ...1097, 1099, 1100
whose right to freedom accrued
out of this State, shall have
benefit of this act.....
shall have three days to leave the
State...
1097
1099
penalty for introducing into this
State....
.... 1098
1099
1098
when not subject to provisions of
this act...
Harbor-master of St. Louis, duty
of, under this act.........
Justice of the Peace, duty of......... 1098
shall commit runaway slave........ 1098
may sentence to pay fine and leave
the State......
1098
81
80
may order commitment until fine
and costs are paid.......
1098
copy of, when granted....
1095, 1096
1096
295
action on, by payees and endorsees,
payable to order of maker, or of
fictitious person; effect of.......
protest of, by notary, evidence of
demand and refusal....
296
297
298
NEGROES AND MULATTOES.
CHAPTER 114………………….
1093 to 1101
Bond, when violated..
1097
Clerks, fees of..
1097
...
Emigration of free negroes into this
State, forbidden..
1101
•
Free Negroes and Mulattoes, remov-
ing to another county, to give
bond.........
1099, 1100
duty of officers to apprehend..... 1100
to be fined, and to leave county... 1100
to be committed till...
1100
officers to be present at religious
meetings of, when....
what declared unlawful meetings of, 1101
not to emigrate to this. State....... 1101
what minor, shall not be bound as
License, to be granted; contents of, 1095
how authenticated; authority of,
duty of officers in relation to. 1096
when county court may revoke.... 1097
duties of clerks relative to copies,
1095, 1096
Meetings, certain, of negroes and
...
mulattoes, declared unlawful.... 1101
Mulattoes, who deemed such.
1093
Officers, duties of....
Penalty for violating provisions of
....
.1096 to 1100
1101
1101
1100
this act....
Religious Meetings not to be held
unless officer present..........
School for instruction of negroes not
to be kept.........
Sheriff, may hire out runaway slave,
1098, 1099
shall take from person hiring, a
bond, &c.....
Slaves, penalty for bringing into this
State, entitled to freedom......... 1097
1099
1101
NEGROES AND MULATTOES, free, Legis-
lature may prevent introduction
of .....
70
1101
apprenticed, not to be taught to read
and write
190
556
565
apprentices...
not to carry arms without license, 1094
weapons found in possession of,
shall be forfeited.
county court to bind, as appren-
tices...
how court to proceed in such cases, 1094
not to reside in the State without
license.
....
II VOL. II.
1094
1094
.....
1094, 1095
raising rebellion or insurrection of,
punishment..…………..
castration of, in cases of rape....
slave, or fugitive from service, not
to be discharged under habeas
corpus act.
840, 841
Negro(See, chapter Crimes and
Punishments.)
1816
INDEX.
Notaries Public.
New Madrid County, limits defined,
Newton County, limits defined..
New Trial may be granted in cases
of forcible entry and detainer...
(See, chapters Justices' Courts;
Practice in Criminal Cases, and
Practice in Civil Cases.)
Notice, by corporation, of debts, to
...
be published..
how served, in suits against cor-
PAGE.
PAGE.
484,
485
.373, 374
485
792
porations...
of meeting of commissioners to
select county seat........ 504,
of special term of court, for trial
of prisoner....
377
.....
505
540
551
657
706
.713, 714
Next Friend-(See, chapter Prac-
tice in Civil Cases.)
465
Nodaway County, limits defined......
Nonage, suit not deferable for........ 1225
Non-resident, land of, not to be tax-
ed higher than of residents.....
debtors, proceedings against, by
writ of attachment..
of special term of county court...
to take depositions.... 654, 655,
of contested election..
by Governor, of new electoral dis-
tricts..
to electors of President and Vice-
President of United States...... 715
by person claiming property taken
in execution......
of sheriff's sale of real estate......
of sheriff's sale of personal pro-
81
238
441
....
742,
743
824
.....
746
830
perty......
744
1112
of application for injunction.....
by guardian of insane person, of
his appointment....
1248
865
to preëmptors, to prove their
claims
985
to give security for costs........
not to be guardian or curator
guardian, when, may remove estate
of ward from this State........
how notified of proceedings in par-
tition...
(See, chapters Administration; At-
tachment; Guardians and Cura-
tors; Limitations, and Practice
in Civil Cases.)
NOTARIES PUBLIC. — CHAPTER 115,
..1101 to 1103
Notaries, how appointed....
1102
may be appointed in the Territo-
ries of United States....
1103
power to administer oaths.. ..... 1102
powers and duties...
1102, 1103
to keep a record, &c.....
1102
to provide seal, &c..
1103
vacancy occurring, records and pa-
pers to be delivered.........1102, 1103
shall take oath of office, and give
bond.
1103
1035
by tenant, of intention to quit,
when, subjects him to double rent, 1011
to tenant to quit, subjects tenant,
holding over, to double rent..... 1012
of petition to Legislature......
by sub-contractor upon building,
of intention to furnish materials,
&c......
....1066, 1067, 1071
to proprietor of land, in cases of
ad quod damnum...
in suit to foreclose mortgage.
of presentation of petition for par-
tition..
1083
1088
1111
of sale of land in partition......... 1116
in case of perpetuating testimony,
bond of, shall be recorded, when
and where.....
.1148, 1149
1103
actions against, limited..
1103
in case of reëstablishing decayed
corners of land…………..
of writ of error
1152, 1153
1298
NOTARIAL Protest of bill of exchange
or note, evidence.......
Notary Public-(See, chapter Evi-
dence.)
Notes- (See, chapters Administra-
tion; Attachment; Bonds, Notes
and Accounts; Crimes and Pun-
ishments; Gaming; Practice in
Civil Cases; Practice in Crimi-
nal Cases; Revenue; and title
Negotiable Notes.)
Notice, in proceedings by address...
required to be published, how, 180,
by assignee, for benefit of credit-
ors..
298
108
181
206
308
364
of sale of boat or vessel.
conveyances recorded, impart......
to corporators, of first meeting of
corporation.....
....371, 372
by Auditor, to counties, of their
share of the three per cent fund, 1365
of application for new county road, 1370
to hands to work on road.....1379, 1381
by taker up of lost or wrecked
property
....
of sale of school land.
1401
1405
1454, 1455
by security, requiring principal to
be sued....
by security in official bond, of ap-
plication to be discharged, 1456, 1457
of set-off.....
1463
of runaway slaves apprehended... 1481
of special meeting of curators of
State University
by taker up of stray
1500
1508
of petition to dis-incorporate town, 1530
of application for change of venue, 1559
of application for right of way.... 1562
INDEX.
1817
Noxious Animals.
Oaths.
Notice. (See, chapters Administra-
tion; Agricultural Societies; Ar-
bitrations and References; As-
signments- Voluntary; Attach-
ment; Boats and Vessels; Cor-
porations-Mining, Mechani-
Railroad;
cal; Corporations
Corporations- Road Associa-
tions; Court-Criminal; Court
- Probate; Dram-shops; Es-
cheats; Executions; Horses;
Insolvents; Judgments; Jus-
tices' Courts; Landlords and
Tenants; Legislature — Meet-
ings; Mechanics' Liens; Mort-
gages; Practice in Civil Cases;
Practice in Criminal Cases; Te-
legraph Companies.)
NOXIOUS ANIMALS.
PAGE. | Officers.
and Punishments; Forcible En-
try and Detainer; Inquests,
and Justices' Courts.)
Oath of Office, to be taken.
PAGE.
71
Obliteration, total, forgery.......594, 595
Obstructing, officer..
county road....
Obstructions (See, chapter Crimes
and Punishments.)
Occupying Claimant, how compen-
603
1382
sated for improvements..... 694, 695
Offal (See, chapter Crimes and
Punishments.)
Offence (See, chapter Crimes and
Punishments.)
Offenders (See, chapter Practice
in Criminal Cases.)
Office
(See, chapter Crimes and
Punishments.)
CHAPTER 116,
...1104, 1105
Cattle, diseased, not to go at large.. 1104
affected with infectious disease, not
to be driven, &c., unless.....
OFFICERS.-CHAPTER 118......1107, 1108
Officer, may call to his aid the power
of the county.
1107
1104
liable to injured party for causing
to be impounded.....
1104
him to render service, or spend
to be killed, when
1104
time or money illegally...
1108
exception in favor of judicial offi-
cattle.
1104
cers....
1108
to hold their offices until………..
1108
cute process, when...
1108
Compensation of officer for killing
Fines and Forfeitures, how recovered, 1105
Justices, duty of, under this act..... 1104
Penalty on persons offending......... 1104
on officer failing in duty......1104, 1105
NUISANCE (See, chapter Crimes and
Punishments.)
Nuncupative Wills (See, chapter
Wills.)
Nursery, burning of....
572
OATHS AND
AFFIRMATIONS.
CHAPTER 117...
1105 to 1107
Belief, religious, person not requir-
ed to state....
1106
or unbelief, may be proved.
1106
1105
Oaths, mode of administering...
swearing with uplifted hand, &c... 1105
affirmations, instead of, when...... 1105
when person may swear in his pe-
culiar mode......
.....1105, 1106
required to be taken before a par-
1106
ticular court or officer, may be
taken before any other court,
unless, &c.......
who shall have power to administer, 1106
in what form may be taken...1105, 1106
what deemed lawful.........
swearing falsely, deemed perjury, 1107
OATH, taking false, perjury
(See, chapters Administration;
Attachment; Commissioners to
take Acknowledgment of Deeds;
Corporations-Railroad; Crimes
1107
599
may break open doors, &c., to exe-
Penalty, for failing to obey summons, 1107
Process, when doors, &c., may be
broken open, to serve............. 1108
OFFICERS, appointment of, when not
otherwise directed in Constitu-
tion........
to bind over by recognizance, tres-
passers on school lands....
(See, chapters Asylum-Deaf and
Dumb; Asylum-State Luna-
tic; Attachment; Corporations
-Mining, Mechanical; Corpo-
rations - Railroad; Crimes and
Punishments; Justices' Courts;
Limitations; Negroes and Mu-
lattoes; Penitentiary; Practice
in Civil Cases; Practice in Cri-
minal Cases; and Records —
Public.)
securities in, how and when dis-
71
1411
Official Bonds, copies of, evidence...
suits upon, regulated....
729
1134
recorder to record.
1314
charged....
1456
...
Official Seal, forgery of...
.589,
590
Offsets - (See, chapter Practice in
Civil Cases.)
Operator-(See, chapter Crimes and
Punishments.)
Opinions of Supreme Court to be in
writing...
....
650
1818
INDEX.
Partition.
Oppression, by officer.
Orchard, burning of...
Order (See, chapters Administra-
tion; Crimes and Punishments;
Evidence; Practice in Civil Ca-
ses, and Practice in Criminal
Cases.)
Order of Publication, in attachment
572
PAGE. | Partition.
613
Commissioners, report by, shall be
PAGE.
proved or acknowledged.......... 1114
may be set aside and new commis-
sioners appointed…………..
1114
report of, when confirmed and
judgment given......
1115
to be recorded, where......
1115
suits.....
......246, 267,
268
on report of, court may order pre-
mises sold
1115
in foreclosure of mortgage.
1089
...
when parties in interest are adults,
in partition cases.
1112
in civil cases..
Ordinance, declaring assent of Mis-
souri to terms of act of Congress,
(See, chapter Evidence.)
Oregon County, limits defined...485, 486
Osage County, limits defined.
1225
three to be appointed.......1119, 1120
confirmation of report of, and
judgment
1120
55
proceedings of, if land not suscep-
tible of division.......
1120
vacancies, how filled.
1121
486
compensation of
1121
Overseer of Roads-(See, chapter
Roads and Highways)
·
majority of, may act..
1122
of commissioners,
Owner, of mischievous animal, suf-
fering to go at large......
561
of slaves, responsible, for crimes
of slaves, to person injured...... 645
(See, chapters Boats and Vessels,
and Slaves.)
Oyer, of writing, declared on.........
Ozark County, limits defined……………………….
PANEL(See, chapter Jurors.)
Paper-mill, burning of........
Papers-(See, chapters Administra-
tion; Practice in Civil Cases,
and Records.)
Pardons, President may grant.........
Governor may grant, except......
by Governor, effect of.
Parents (See, chapters Appren-
tices; Crimes and Punishments;
Damages; Gaming; Guardians
and Curators, and Inquests.)
Partiality by officer...
Parties (See, chapters Attach-
ment; Justices' Courts; Me-
chanics' Liens; Mortgages; Prac-
tice in Civil Cases; Practice in
Criminal Cases, and Witnesses.)
Compensation,
markers and chainbearers, 1121, 1122
of attorney, bringing suit.
Costs, compensation of commission-
.....
ers, markers, chainmen and at-
torney, taxed as
how taxed, where there is no sale
1122
1121, 1122
how paid.......
1122
1241
486
of property
1122
....
Court, when to proceed.....
.1112, 1113
Default, when to be entered.
1112
571
2228
proceedings in case of, &c.......... 1112
Dower, may be sold, when and how,
.....1120, 1121
proceeds of sale of, how disposed
of...........
1121
72
Guardian, authority of, in divisions
643
of lands.....
1119
court to appoint; when to give
bond
1119
613
PARTITION. - CHAPTER 119...1109 to 1122
Adverse Claims, how decided upon.. 1113
person holding, may be made a
party
1112, 1113
effect of confirmation of report on, 1115
sheriff to retain money arising
from sales of..
Commissioners, appointed to make
partition......
1118
1118
shall be sworn or affirmed..
1113
shall proceed to make partition,
how.
.....1113, 1114
proceedings by, if division cannot
may divide into lots, &c........
shall make report in writing
be made without prejudice, 1113, 1114
1114
1114
Judgment, shares may be set off in
one parcel, and residue divided, 1113
parcel set off to several, how held
and enjoyed......
when given, its effect....
where recorded
by default, when
1113
1113
1115
1112, 1118
1118
Jury, questions of fact to be tried, in
what manner....
Order of Publication, how made and
published
....1112, 1118
Order of sale, what it shall specify.. 1116
may be renewed, when........ 1116
may be made without appointment
of commissioners
1122
.1111, 1112
Parties, any person in interest may
be.......
unknown, to be stated in petition, 1111
how may plead…………..
shares of absent, how invested,
1112
......1117, 1118
claiming money, to file petition.... 1118
if adults, what proceedings......... 1120
Partition, what lands subject to,
1
......1110, 1119
INDEX.
1819
Partnerships- Limited.
Partnerships, not deemed formed
PAGE.
Patrols.
.1110, 1119, 1120
Partition, who may petition for,
judgment of...
.1112, 1113, 1122
not to be made contrary to will of
testator...
1119
if, cannot be made in kind, sale to
be ordered ....
....1115, 1122
1111
Petition, subject and nature of………….
1111
who to be made parties to..………………….
service of, how made; notice, &c.,
...1111, 1112
where filed; what proceedings had
thereon......
presented to circuit court of, what
county.
Pleadings and Proceedings, same as
in civil actions
Publication, notice by..
1112
.1110, 1111
1112
•
1112, 1118
.1116, 1121
1121
Sale, how premises may be sold, 1115,
effect of....
of property, may be ordered, when, 1122
Sheriff, duty of; shall make deed;
effect thereof
responsible on official bond, &c.,
1116
...
1116, 1117
1117
compensation of....
to report proceedings to court..... 1117
to pay over proceeds of sales,
and how....
till, when.......
considered dissolved, when
PAGE.
1124
1124
renewal of, how effected......1124, 1125
business of, how conducted..
no sales, &c., of property of, valid,
when.....
..... 1125
1125
1125
no dissolution of, binding, until
advertisement made...
Partners, general and special, de-
fined
1123
shall sign a written statement,
showing, what facts.... 1123, 1124
making false statement declared
perjury...
..1123, 1124
special, liable as general, when,
......1124, 1125, 1126
special, may do, what acts, with-
out becoming general.
in case of insolvency, creditors
preferred to special..
1125
1125
general, may sue and be sued...... 1125
special, may be sued, when... 1125
Statement, partners to sign.......
shall show, what facts..
verified by affidavit
penalty for false......
1123
•
1123, 1124
•
1123, 1124
1123, 1124
to be acknowledged and recorded, 1124
if false, special to be liable as a
1116, 1117
general partner...
to be published
1118
to retain money belonging to ad-
verse claimants..
Slaves and personal property, parti-
1122
tion may be had of...
Suits, where to be instituted...1110, 1111
how instituted...1111, 1112, 1119, 1120
Summons, what shall be the form,
service and return of.........
Tenants, joint, &c., entitled to re-
medy by partition
Widow, may petition for sale of
....
1112
1119
lands, including her dower, 1120, 1121
court may order sale of same,
when
....
1124
1124
1124, 1125
new, shall set forth, what facts,
PARTNERSHIP (See, chapters Admi-
nistration, and Evidence )
Partners-(See, chapters Adminis-
tration, and Fees.)
Passengers (See, chapter Corpora-
tions - Railroad.)
Patent, for saline lands, to issue to
purchaser..
for school lands.
(See, chapters Evidence, and
Schools.)
1121
1121
Patent Medicines
(See, chapter
proceeds of sale of dower to be
loaned....
annual interest of, to be paid to... 1121
portion loaned to be distributed,
when..
1121
effect of sale of dower of........... 1121
PARTITION
(See, chapters Boats and
Vessels; and Court-Land.)
PARTNERSHIPS-LIMITED. CHAP-
Advertisement of statement to be
Pedlers.)
1397
1407
PATROLS.-CHAPTER 121........1126, 1127
Patrols, county court to appoint..... 1126
company of, to consist of, how many, 1126
to take an oath.
1126
duty of.......
1126
to visit negro quarters......
1126
compensation of...
1127
TER 120...
.1123 to 1126
captain of, to be notified of his ap-
pointment.....
1127
......
made......
...1124, 1125
of dissolution, to be made.
Partnerships, limited, allowed, when;
1125
penalty on captain of, for neglect
of duty.......
Slaves, when strolling about, to be
1127
when not
1123
may consist of general and special
partners......
1123
....
whipped.........
allowed to go to or return from
divine worship…………………..
....1126, 1127
1127
1820
INDEX.
Pedlers. Penal Bonds.
PAUPER, permitted to sue...
441,
who deemed to be, and how sup-
ported
Payment (See, chapters Adminis-
tration; Attachment; Eject-
ment; Executions; Judgments;
Justices' Courts; Limitations;
Practice in Civil Cases; Practice
in Criminal Cases, and Revenue.)
Pay Patients-(See, chapter Asylum
State Lunatic.)
PAGE. | Penitentiary.
442
1154
PEDLERS. CHAPTER 122.....1127 to 1131
Book-pedlers may deal without li-
cense..
1131
Clock pedlers, who deemed such..... 1129
to have a special license......1129, 1130
amount of license of...…………….
1129
penalty on, for peddling without li-
Defendant, when discharged from all
further liability
....
PAGE.
1135
Execution, form and direction of..... 1133
effect of; how proceeded on.......
Judgment, how rendered.......
for penalty, to remain as security
for further damages, &c........
for defendant, bar to suit on same
bond, by same relator...
when suits not barred, by plea of,
1134
1132
1133
1134
1135, 1134
and execution, how satisfied........ 1136
Judgments, proceedings, when there
are several......
executions upon, money, how ap-
portioned....
1136
1136
Jury to assess damages for breach... 1133
Official Bond, suits on, to be in name
of the State..
1134
cense....
1130
a
who may sue thereon...
1134
to procure license...
1129
may sue again upon such.
1135
traveling, may procure dry goods
license.....
1129
suit upon, to use, deemed private,
when…..
1135
how long to continue...........1129, 1130
penalty on, for selling dry goods
without license.
Petition shall set out condition of
1130
Collector, to receive blank licenses.
from clerk.
1128
...
bond, and assign breaches....... 1132
Plaintiff shall assign specific breaches, 1132
Pleadings, &c., how they shall be had, 1134
Scire Facias, when plaintiff may
county court to settle with....
1128
have.....
1133
Justice, shall cause offender to be
when it shall be barred.
1134
arrested....
1130
when not to be brought...
1135
duty of, when offender is brought
before him.
Security, proceedings in estimating
1130
his liability....
.1135, 1136
License, what it shall state......
1128
clerks of county court to issue, in
blank; who may obtain license, 1128
clock-pedlers to obtain..
may obtain dry goods.
how long to continue.
tax on.........
...
Suits, who may bring, under this act,
and against whom suits may be
brought......
.......1134, 1136
1129
1129
PENALTY
•
1129, 1130
1128, 1129, 1130
clock-pedlers to obtain, how....... 1130
Patent Medicines, dealers in, to ob-
(See, chapters Corpora-
tions — Railroad;
Railroad; Corporations
-Road Associations; Freedom;
Insurance Agencies; Limita-
tions; Negroes and Mulattoes;
Practice in Criminal Cases;
Oaths and Affirmations; Re-
venue, and Schools)
CHAPTER 124.
tain license....
1131
Pedlers, who declared.
1128
who may obtain license..
1128
not to deal without license, or sell
liquors.......
1128 PENITENTIARY.
penalty on, for dealing without li-
1137 to 1147
1129, 1130
Appropriation for penitentiary.
1143
Architect may be employed...
Books, &c., open to inspection.....
1142
1141
cense
for refusing to exhibit license...... 1130
officers and householders, duty of,
in informing on…………………..
1130
Pill-pedlers, to obtain license......... 1130
PEMISCOT COUNTY, limits defined, 486, 487
PENAL BONDS.
CHAPTER 123.
1131 to 1136
Damages, when and how assessed... 1133
other proceedings, to obtain........ 1134
Defendant, what, may plead in bar.. 1132
may cause suit to be discontinued,
on payment of principal, &c.... 1132
may be purchased for convicts..... 1143
Chaplain, may buy books for convicts, 1143
amount to be paid to..
duty of.....
ward from.
Convicts, penalty for receiving re-
1143
1143
1139
clothing, food and diet of...... 1144
quality of clothing, food, &c....... 1144
not to furnish with spirituous
liquors.......
penalty for conveying letters to or
from....
1144
1144
INDEX.
1821
1143
1141
1141
1142
PAGE. | Perpetuating Testimony.
Penitentiary.
Convicts, United States, attempting
to escape, how punished.......... 1146
may be brought out, by habeas
corpus, to testify..
competent witnesses, when.
provision for retaking.
how employed………..
...
1146
1146
1147
1142
employed outside of prison........ 1142
escaping, &c., punishment of.....
..... 1142
not to be discharged from hospital,
except
Factor, duties of.....
to give bond; where filed; renew-
...
able, when
to make and file accounts, 1141, 1142
Improvements, who to decide what
shall be made....
Warden, how appointed; tenure of
office,
...
PAGE.
1139, 1140
shall report appointments to in-
spectors.
1140
may propose change of rules...... 1140
duties of.
improvements made under direc-
tion of.........
shall employ convicts, how....
Performance
1140, 1141
1142
1142
PENITENTIARY, escaping from....
606
(See, chapter Prac-
tice in Civil Cases.)
Perjury defined; punishment.....
599
PERPETUATING TESTIMONY.-
to be made by convicts.....
1142
Inspectors, who shall be; shall take
oath......
CHAPTER 125.......... 1147 to 1154
ARTICLE I.-OF TAKING DEPOSITIONS.
Clerk of Circuit Court, duty of, on
1138
1138
two shall be a quorum
compensation, and duties of..………….. 1138
to examine into discipline, treat-
ment, &c., of convicts.
1138
shall report to Legislature, when, 1138
what report shall set forth...1138,
...1139, 1141, 1142
shall keep minutes of proceedings, 1139
shall provide convict with Bible,
.....1144, 1145
accounts of factor to be settled by,
1141, 1142
Depositions, may be taken to per-
how certified, and to whom deli-
...
when, may be sent by mail, or
receiving depositions......
Commission, to take depositions
1150
granted on petition......
1148
by whom issued; to whom directed, 1148
Costs, how and by whom audited
and allowed......
1150
how taxed..
1150
petuate testimony.
1148
vered
1149, 1150
otherwise...
1150
Officers, certain, appointed by Go-
in what cases, may be read
1150
......
vernor
....
1139, 1140
all legal exceptions may be takea
tenure of office of......
1139, 1140
to...
1150
certain, appointed by warden...... 1140
where to reside; excluded from
Justices or Clerk, shall attend to take
depositions....
1149
other business..
1140
shall reduce answers of witness to
salaries of..……….
1140
writing..
1149
duty of.....
1141
power of, to adjourn from day to
Penitentiary, shall be maintained at
day.
1149
Jefferson City
1137
Notice, of taking depositions, to be
organization of.
1139
given
1148
...
Physician, shall keep a register..... 1142
only can discharge from hospital.. 1143
Salaries, of officers.
1140
how paid.......
1140
Warden, duty of, relative to inspect-
ors....
1142
to receive felons, &c.........
1142
to take charge of money and pro-
perty of convict, and keep an
account thereof.
issued
upon whom served in certain
cases
1149
....1148, 1149
publication of, in newspaper,
when
questions to be reduced to writing, 1149
general, to be published, where….. 1149
Witnesses, summons, &c., by whom
answers of, to be reduced to writing, 1149
1149
...
1145
to furnish discharged convict with.
money
ARTICLE II.-OF ESTABLISHING
1143
BOUNDARIES.
to keep a journal, &c........
1145
Corners of Land, if perishable, sur-
what entries to make therein....... 1145
shall receive convicts under laws
to have authority of sheriff, in cer-
tain cases..
of United States.
liability of, for neglect or viola-
tion of duty.....
•
1145, 1146
1146
vey may be made
may be established by testimony.. 1152
Costs, how paid…………………….
County Surveyor, duties of, in esta-
blishing decayed corners, mak-
ing out plats, &c.....
1151
.1153, 1154
1151
1147
what to be noted in field-notes of, 1151
1822
INDEX.
Evidence, plats, certificates, deposi-
tions, and certified copies there-
of, &c....
PAGE. | Poor.
Petit Larceny....
1153
Interpreter authorized, when..
1154
Justices, duty of, in procuring sur-
veyor and witnesses.....
1152
1152
to examine witnesses, when and
where.......
shall have power to adjourn........ 1152
shall reduce examination of wit-
nesses to writing in the English
languages
Notice, to take depositions, to be
given.
....
cases
upon whom served in certain
1154
1152, 1153
1152, 1153
1152, 1153
1153
publication of, to non-residents,
evidence of, to be given.....
Recorder shall record plat and cer-
tificate of survey and deposi-
tions, delivered to him by the
county surveyor…………..
Physician, prescribing when intoxi-
cated....
PAGE.
577
........562, 563
567,
568
administering to procure abortion,
exempt from serving as juror, 910,
not to be required to disclose in-
formation given by patients,
911
1578, 1579
(See, chapters Inquests, and Jails
and Jailers)
Pill-pedlers-(See, chapter Pedlers)
Pilot-(See, chapter Crimes and
Punishments.)
Pike County, limits defined.........
Plank-(See, chapter Weights and
Measures.)
466
Plats, made by officer of French or
Spanish Government, evidence,
...724, 725
of towns and villages to be re-
corded......
(See, chapter Revenue.)
1535
Platte County, limits defined.......... 466
Pleadings, in proceedings by ad-
dress....
in complaints by and against ap-
prentices and masters..
1153
Surveyor, what shall be noted in field-
notes of......
1151
Testimony, to establish decayed cor-
ners, how taken.............. 1152, 1154
Witness to have an interpreter,
when.....
.107, 108, 109
190
1154
in cases of attachment......
240,
263
PERRY COUNTY, limits defined…………………….
487
in proceedings against attorneys..
by and against boatmen....
279
301
Person, meaning of term......
646, 1024
Personal Estate
(See, chapter Ad-
in actions against boats and ves-
sels.........
305
ministration.)
to be attached together in form of
Personal Property-(See, chapter
roll…....
536
Practice in Civil Cases.)
forgery of.
593
Pettis County, limits defined.
487
in suits for divorce.
.663, 664
Petition, right of, not to be abridged,
32
in suits for dower
674
right of people to, declared....
83
in actions of ejectment....
691
for assignment of dower......
674
in cases of escheat........
720
in cases of escheat.........718, 719,
in forcible entry and detainer,
720
in suits for freedom.....
810
complaint....
788
for habeas corpus....
833
in suits for freedom...
810
for erection of mill-dam......1181, 1182
in suits under act to restrain gam-
to foreclose mortgage...
1087
ing...
819
•
for partition.....
1110
in cases of habeas corpus........
833
for commission to perpetuate tes-
in cases of impeachment......
851
timony
1148
in cases of usury........
890
for county roads..
1370
for incorporation of towns
1524
for change of venue......
1559
for right of way..
1562
to contest validity of will....1571, 1572
(See, chapters Administration; At-
tachment; Boats and Vessels;
Corporations- Benevolent As-
Criminal;
sociations; Court
Divorce and Alimony; Eject-
ment; Insolvents; Mechanics'
Liens; Practice in Civil Cases,
and Practice in Criminal Cases.)
Petitioner (See, chapter Insolv-
ents.)
in cases of ad quod damnum, 1081, 1082
in foreclosure of mortgage......... 1087
in cases of partition..... 1110, 1111
in actions on penal bonds....1132,
►
1133, 1134
in cases of quo warranto.....1308, 1309
in certain actions of trespass...... 1553
in cases of contesting will...1571, 1572
(See, chapter Practice in Civil
Cases.)
Polk County, limits defined……………………... 488
POOR.-CHAPTER 126...........1154 to 1156
County Court shall use its discretion
in granting relief to......
1155
!
INDEX.
1823
County Treasurer, duties of….......... 1156
shall keep account of funds sepa-
Practice in Civil Cases.
County Court, may allow funeral ex-
PAGE.
penses...
1155
may purchase lands
1155
shall prescribe rules for govern-
ment of poor-house........
1156
Practice in Civil Cases.
Account, copy of, to be verified and
PAGE.
filed with the pleading, when... 1239
to be answered or replied to....... 1239
party precluded from giving evi-
dence thereof, when.....
1239
may remove superintendent and
matters of, may be referred........
1262
appoint another..
1156
Acknowledgment, of service of writ,
in writing, valid …..
1223
of notice, sufficient..
1226
rate, &c.......
this act......
1156
Acquittance, unconditional judgment
to have effect of, when....
1283
1155
Action, one form of…..
1216
parties to, how designated..
1216
....
to be in the name of the real party
in interest......
what effect shall not attend this... 1217
what causes of, may be united in
1217
same petition....
1228
counter-claim must arise out of
•
what causes of
1233
1240, 1241
Inhabitant, who deemed such under
Poor, by whom supported; order for
relief
Poor-house, may be erected.......
.1154, 1155
1055
superintendent of, to be appointed, 1055
duty of..........
1055
Poor Persons, who shall be deemed
such
1154
Poor-tax, manner of levying.......... 1156
PORTER-HOUSE, keeping open, on Sun-
day......
631
Posse Comitatus, may be summoned,
619, 629
to aid execution of process.
Possession, adverse, does not invalid-
ate deed to land..:
1107
355
within ten years, necessary to
maintain ejectment......
1045
(See, chapters Fraudulent Con-
veyances; Landlords and Te-
allowed on instrument, lost or de-
troyed.....
what provisions shall extend to an,
for debts due the State, for pe-
nalties, &c....
when cause of, survives, suit not to
abate
1257
...1272, 1273
if defendant die, and cause of action
survive, proceedings........1274, 1275
to proceed, how, in case of the
transfer of an interest....…………………. 1275
title of the, not changed on ap-
nants, and Limitations.)
Postage (See, chapter Fees.)
Posthumous Children, to inherit..... 660
of testator, not provided for, to
..1567, 1568
inherit.
Posting for not fighting a duel...617,
Power, by will, to sell lands, by
whom executed....
of attorney, to sell lands, to be
acknowledged or proved, and
recorded..
peal.....
1287
this act does not extend to, pend-
ing
1293
(See, Suits.)
Administrator, may be joined with
618
party originally liable.
1218
141
1267
1275, 1276
364, 365
365
revocation of, to be recorded....
(See, chapter Administration.)
Power of Attorney-(See, chapters
Insurance Agencies; Judg-
ments; Letters of Attorney, and
Practice in Civil Cases.)
PRACTICE IN CIVIL CASES.-CHAP-
TER 128...
..1216 to 1302
Abatement, by death of parties,
when, and when not, to take
place.......
instrument sued on not received
in evidence against.
no abatement of suit by death of,
successor of, made party, how..... 1276
Admission, of genuineness of paper,
requested
if party fail to make the, to pay
expenses, when.....
1266, 1267
1266, 1267
1224
Affidavit, non-residence of defendant
set forth by.....
personal service on defendant, out
of the State, proved by........... 1225
petition, answer and reply, to be
verified by, and how....
answer of guardian ad litem not
1234
....1272, 1273
to be verified by......
1234
1275
not necessary to entitle an, when, 1234
valid, when......
1234
1234, 1235
show, what..
1242, 1243
defendant not entitled to retain pro-
perty if, of plaintiff show, what, 1244
of suit, as to deceased party and
representatives, when....
no, of suits by death of parties
acting in a fiduciary capacity,
1275, 1276
and revival of suits.........1272 to 1277
Account, items of, need not be stated
in a pleading
1239
II 2 — VOL. II.
may be taken before, and certified
by, what officers
claiming personal property, to
....
1824
INDEX.
1253
application for continuance of cause
to be upon....
1260
for second continuance, to show,
what facts..
1260
...
taken as to truth of bills of ex-
ceptions, when......
1265
such, to be filed with clerk
1265
copies of such, to form part of
Practice in Civil Cases.
....
PAGE.
1251
Affidavit, read, on motion to dissolve
injunction
application for injunction accom-
panied by, heard, when...1251, 1252
to be made, that party has been
misled.....
Practice in Civil Cases.
Amendment, of petitions and an-
PAGE.
1254
swers, without costs, when....... 1254
of reply, when…………….
allowed after demurrer, when,
1231, 1254
of returns of officers and courts.. 1255
of venire, made, where.....
1255
certain omissions, defects, &c.,
supplied by, of what court...... 1257
of records, process, &c., made
only by order in court.......... 1257
made by striking out, adding or
correcting, when
party allowed time to answer or
....
1255
record, when
1265
....
reply to
1255
....
truth of such bills to be tried by
such
1265
provisions relating to, how con-
strucd
1257
petition for production of books,
&c., to be verified by......
denial of execution of instrument
1266
of pleadings allowed, after grant
of new trial...
1285
sued on, to be by
1267
....
of proceedings, after arrest of
judgment....
1286
petition for review of judgment,
Answer, defendant shall, petition,
1281
verified by.
confession of judgment to be on... 1282
to be made, that debt is bona fide,
......
&c......
1282
of death of plaintiff, made, when, 1274
what, to be made in case of appeal, 1287
to be made of due diligence, when, 1293
Allegations, not to be proved, not to
be made......
only, of substantive facts to be
made.......
1235
.1235, 1236
of irrelevant or redundant matter,
amended, filed, when
objections to petition taken by,
when
what to contain.
what defences and counter-claims
set up in.........
defendants to make joint, when... 1233
consistent defences separately
plaintiff may reply or demur to,
when
1230, 1235
1231
...
1231
.....
...
1232
1233
stated in....…………….
1233
when and how.
1233, 1235
stricken out..
1236
indefinite or
or uncertain, to be
amended
1236
to be verified by affidavit.....
of guardian ad litem, need not.... 1234
frivolous, stricken out.......
1234
1236
what, to be taken as true, and what
deemed controverted
may allege facts which have oc-
1238
to be liberally construed
1239
curred since institution of suit.. 1237
insufficient, proceedings.....
1237
proof of, of performance and ju-
risdiction conferred, to be made,
when....
what allegations in, to be taken as
true, and what not.......
1238
.1239, 1240
proof of, of libel and slander, to
be made, when....
1240
truth of the matters, &c., may be
stated in, in action of libel and
slander
1240
murrer
....
Amend, plaintiff may, after de-
1231, 1254
representatives may, petition...... 1274
Amending pleadings, and proceed-
•
of person claiming title to pro-
perty of another..
1241
...
court not bound to take, in an in-
junction case, as true
1250
ings......
1252 to 1257
Amendment, pleadings made definite
by
1236
party misled, of pleading....
1253
of pleading, where variance is not
material...
1253
of record, process, &c., before
final judgment..
1253
purpose
1254
by adding or striking out name of
shall set forth, what....
1255
a party......
1253
may be stricken out when party
by correcting mistakes.....
1253
new parties brought in by
1253
disobeys order to produce books,
&c. ......
1266
•
of record and proceedings in af-
firmance of judgment..........
of deceased party deemed answer
1254
of representatives, when......…………..
1273
witness to disprove, may be had,
in St. Louis county, may be filed
at any time after injunction
granted
amended without costs, when...... 1254
supplemental, allowed, for what
1250, 1251
.1251, 1252
INDEX.
1825
Practice in Civil Cases.
PAGE.
Answer, if there be no, of such party,
•
proceedings..
1273
...
defendants may be compelled to,
amended petition.
to petition for review of judgment, 1281
of, to interrogatories, 1291, 1292, 1293
Appeals, allowed from a judgment on
submission of a controversy..... 1283
to person aggrieved by final judg-
ment..
to be filed, where.
Practice in Civil Cases.
Bills of Exchange, parol or other evi-
dence given of contents of,
when...
PAGE.
1267
1274
Bond, next friend for infant to give, 1219
when; condition of.........
1219
1219
payment may be plead to.......
1240
plaintiff to give, before delivery
of personal property.......
1243
1287
condition of such...
1243
...
allowed, on what conditions....
1287
defendant may retain property by
court to allow, when....
1287
giving.
1243
allowance of, shall stay execution,
conditions of....
1243
when......
1287
may be granted by Supreme Court,
what, to be filed with clerk......... 1244
new, required, when........
1244
or judge thereof, when.......
1288
such, not granted, unless....
granted by Supreme Court, &c.,
recognizance to be given to stay
proceedings
1288
effect of failure to give new........
.. 1244
remedy on, for delivery of pro-
perty..
1246
1288
parties barred of an action after
execution of..
1246
....
make his......
when, and to what court returnable, 1298
when appellant shall assign errors, 1298
appellant to furnish court with a
concise statement of the case,
&c ..
Appearance, when defendant shall
Appointment, of next friend to in-
fant
to be made, how.
bond to be given before making, 1219
order of, to be filed, where, 1219, 1220
Arrest of Judgment-(See, Judg-
ment.)
Attachment, suits by, where brought, 1221
for contempt in disobeying injunc-
tion ...
representatives may be compelled
to answer by......
possession of property may be
no injunction to issue until, be
given; its provisions.
1249
before whom, entered into; where
filed...
1249
1300
to indemnify, given before recov-
ery, when.
1267
1222
Bonds, Bills and Notes, when petition
1219
...
is founded on, defendant shall
demur or answer, when...
1235
1219
suits on, determined, when....
1235
Books-(See, Evidence.)
Bystanders may sign bills of excep-
tions, when.....
1265
Causes of action, what, may be
united
....
1228
1250
where united, must belong to one
class....
1228
to be stated separately....
1228
1273, 1274
of action united, separate trials
may be ordered..
1262
given by....
1283
Attorney, notice may be served on,
and how...
1225, 1226
at issue and for trial... 1234, 1235
proof of, not to be stated in a
pleading.
1236
tice by, sufficient......
acknowledgment of service of no-
power of, not necessary, when..... 1242
shall proceed, how, on petition to
1226
review judgment.
....
1281
how docketed...
1289
Bar, pleading a legal, shall not have,
what effect......
1238
Beneficiaries, trustee may sue with-
out joining....
1217
(See, Demurrer; Answer.)
Certificate, to affidavit made, by what
officers, and how....
application for injunction over-
...
1234, 1235
Bills of Exceptions, how taken………….
1264
ruled, granted..
1250
may be filed, when..
1264
Cestui Que Trust, trustee may sue
shall embrace, what.
1264, 1265
without joining...
1217
judge refusing to sign, to certify
cause of refusal..
1265
may be signed by bystanders,
when..
1265
shall form part of the record...... 1265
judge refusing to permit, signed
1265
by bystanders, to be filed, affi-
davits to be taken......
force of such, in Supreme Court.. 1265
the truth thereof tried, how........ 1265
Claim and Delivery of Personal Pro-
Claims, what, must be united in same
petition...
1228
Clerk, duty of, in filing pleadings.... 1237
to make out and send copy of re-
cord.....
1289
to docket causes, when and how... 1289
penalty on, failing to make dockets, 1289
perty — (See,
perty.)
Personal Pro-
1826
INDEX.
nation of non-resident........
Compensation allowed officer for at-
Practice in Civil Cases.
PAGE. | Practice in Civil Cases.
Clerk, shall sign writs of error, &c., 1298
how punished for failing to return, 1298
to docket cases, and to give notice, 1298
Commission to issue to take exami-
Costs, plaintiff to pay, if he do not
recover damages for more than
amount of offer...
compensation of receiver to be
taxed as.....
PAGE.
1271
....
1293
1271
awarded against representatives,
tention to property......
1246
when
1274
Compromise, offer of, and proceed-
awarded defendant on proceedings
ings thereon...
1270
to review, when.....
1281
Conditions Precedent, performance
awarded in a controversy without
of, how plead…………………….
1239
action.
1283
....
Confession of Judgment— (See,
Judgment.)
of new trials, by whom paid....... 1286
paid by party committing first er-
Consideration, want or failure of,
ror
1287
Consolidated, suits may be, when.... 1270
Contempt, party refusing to permit
may be proven..
inspection of a paper, or copy to
be taken, punished for....
disobeying order of court to pro-
1266
duce books, &c., punished for... 1266
in failing to answer interrogatories, 1291
punishment for, in disobeying in-
junction.....
1290
plaintiff dismissing suit in vaca-
tion, to pay..
1290
awarded on orders in relation to
interrogatories
1292
guardian or next friend for infant,
responsible for, when..
1220
not liable for, unless......
1220
Counter-claim, may be set up in an-
1232
...
1250
punished by sequestration.
1290
Continuance, of cause to bring in
other parties.....
1225
of motion to dissolve injunction,
1250, 1251
of what causes at first term.. 1259
of suits for good cause shown, 1259, 1260
application for, of suits to be upon
1260
affidavit....
for second, facts to be stated....... 1260
application for, refused, when...... 1260
granted in case of amendment..... 1260
parties introduced or substituted
to have a, of cause
Contract, want or failure of conside-
ration of written, proven......... 1290
Controversy, submitting, without ac-
tion; proceedings.
1277
1283
must be real.
1283
Conveyance, of property, shall not
be affected, when..
1282
an unconditional judgment to have
the effect of a, when...
1283
Costs, by whom paid, on the deter-
mination of demurrers and mo-
tions..
1236
1241
pleading insufficient, party to pay, 1237
awarded in proceedings deciding
titles to real property...
suit dismissed at, of plaintiff...... 1244
of continuances of suits paid by
applicants for same........ 1259, 1260
awarded according to the finding
on each separate cause....
how paid, where several suits
might have been joined.....
plaintiff failing to obtain a more
favorable judgment to
...
1262
swer
defined, and must arise, how....... 1233
to be stated, how....
plaintiff may reply or demur to,
when and how....
effect of failure to reply or demur
to........
1233
1233
1233, 1234
what allegations as to a, to be
taken as true, and what not...... 1238
County, name of, stated in margin of
pleading.
1237
suits instituted
summons
by
brought, in what......
1220, 1221
1221
1221
....
by attachment in, where property
is
suits concerning real estate to be
brought, in what.
suits may be removed to another.. 1221
County Courts, this act does not ex-
tend to, except..
1293
Court, what issues tried by.. ...... 1261
may take opinion of jury, when... 1261
may refer, what issues..
in appeals, or writs of error, what,
shall decide......
1261
....
1301
•
1301, 1302
may award damages in certain
cases
...
1302
divided in opinion, judgment of
court below affirmed.
how judgment carried into effect, 1302
Curator, no abatement of suit by
1275, 1276
death of..
Damages, offer to liquidate, condi-
....
1271
tionally, proceedings..
court shall assess, when......1279, 1280
jury may assess, when......
1280
1270
such inquiry of, made, when……………..
court may assess, when..………
1280
1280
pay,
shall not be other or greater than, 1280
awarded in lieu of performance of
1270, 1271
the judgment……………..
......
1283, 1284
INDEX.
1827
Practice in Civil Cases.
PAGE.
Damages, upon dissolution of injunc-
tion, assessed…………..
Practice in Civil Cases.
Demurrer, determined, when.……………………… 1232
PAGE.
1249
to answer, when and how..
1233
if money enjoined, not to exceed
ten per cent..
1249
to one or more of several counter-
claims.......
1233
if judgment be for defendant on
proceedings to review, he shall
have, what....
1281
to reply, when and how.......1234, 1235
to answer or reply, governed, by
what rules.....
Death, judgment may be rendered
after, of party, when.....
1276
frivilous, stricken out..
determined without delay.
1234
1236
1236
when not......
1276
1240, 1241
Defences, set up in answer..
1233
defendants must join in their,
of party to be entered of record.. 1276
of party suggested, proceedings.. 1273
Deeds, to remain on file.
1241
copies of, substituted, when........ 1241
Default, judgment by -(See, Judg-
ment.)
Defence, allowed on instrument, lost
or destroyed.........
to petition for review of judgment, 1281
Denial, by answer, of each allega-
1232
tion in petition, &c........
Depositions, may be read, when...... 1251
how taken in foreign countries..... 1271
translation of, to be filed, when.... 1271
Dismissal, either party may take, of
suit, when.
plaintiff shall not suffer a, when... 1269
of petition, if no cause of revival
be shown.....
1262
1274
when........
1233
consistent, separately stated..
1233
....
of suit, if there be no surviving
parties....
1275
Defendant, the party adverse to plain-
tiff shall be the...
1216
who may be..
be.......
1218
costs...
when a party who should be plain-
tiff, may be made a.........
1218
may request appointment of guard-
ian..
Dismiss, plaintiff may, his suit, when, 1238
may, in vacation, on payment of
Dockets, when and how made......... 1289
how known and arranged......
Documents--(See, Evidence.)
1290
1289
1220
neglecting, court shall appoint..... 1220
shall appear to suit, when....
acknowledging service of writ in
writing, valid......
Duplicity, stricken out by motion.... 1236
Election, to take property or value,
1222
1223
refusing to hear writ read, &c.,
sufficient service...... ....1223, 1224
may set up, what defences and
counter-claims..
to have judgment, on failure of
plaintiff to reply or demur to
counter-claim.....
1233, 1234
to demur to reply, when and how, 1234
may be restrained, when....... 1251
may offer to compromise suit; pro-
ceedings thereon..
1246
when...
…………………..1245, 1246
effect of an, to take value……….
Endorsee, right of, not impaired..... 1290
Errors not regarded, unless....
Error, appeal not granted by special
order, unless circuit court com-
mitted...
1254
1233
1288
no judgment reversed, except for,
materially affecting, &c.....……….
what plaintiff may answer, as to
others who ought to join, &c..... 1295
joinders in, when filed...
Evidence, pleading not to be used as,
1300
1299
1270
when....
1234
may offer to liquidate damages;
proceedings
1236
1271
(See, Demurrer; Answer; Amend;
Counter-claim.)
....
.1265, 1266
mons, when……….
1224
Defendants, all to be included in sum-
if non-resident, may be separate... 1224
if part are resident, process, how, 1224
proceedings where some of the,
appear, &c....…………….
suit not to delay, when, without
consent of…………..
1225
1225
Demurrer to the petition, when,1230, 1235
causes of, to petition.......
1231
shall specify grounds of objection, 1231
if not, it may be disregarded………….. 1231
defendant may withdraw his.
1231
causes of, not appearing in peti-
tion, objection taken by answer, 1231
not to be stated in a pleading.....
to obtain production of books, pa-
pers and documents, proceed-
ings..
....
1266
1266
to obtain inspection and copy of a
paper containing.
court may exclude the paper from
being given in, when......
admission of genuineness of a pa-
per may be requested......1266, 1267
adverse party examined to disprove
the loss of instrument, when.... 1267
parol or other, given of contents of
instrument, when......
instrument sued on, received in,
unless
not received in, against person
1267
1267
...
1267, 1268
acting fiduciarily.
facts stated in motion, used as..... 1291
1828
INDEX.
Practice in Civil Cases.
Evidence, answer to interrogatories
...
.1291, 1292
....
used as,
proceedings where matter not rele-
PAGE. | Practice in Civil Cases.
Infant, guardian or next friend of,
responsible for costs
suit against, not to proceed until
vant....
1292
Examination of parties.......1290 to 1293
Exceptions, none shall be taken in
appeal or writ of error, except, 1300
(See, Bills of Exceptions.)
Execution, to issue, for delivery of
personal property
denial of, of instrument to be by
affidavit.....
1246
1267
in what cases, allowance of appeal
shall stay.
.1287, 1288
when order made by court, to stay, 1297
order to stay, to be endorsed on
...
1297
writ.....
if none issued, or if issued and
not executed, how to proceed... 1297
Executor, may sue in his own name, 1217
may be joined with party original-
ly liable......
instrument sued on, not received
in evidence against..
1218
1267
no abatement of suit by death of,
.....1275, 1276
his successor made party, how..... 1276
Exhibits, to remain on file
....
copies of, substituted, when.....
Expense, party failing to admit gen-
uineness of paper, to pay, of its
proof.........
1241
1211
1266, 1267
Facts, only substantive, to be alleged
in pleading......
1235, 1236
may be alleged alternatively.... 1238
Fine for violation of rules of pleading, 1236
Guardian, responsible for costs, when, 1220
suit against infant not to proceed,
1220
until appointment of......
appointment of, made on request.. 1220
appointed by court, when..
1220
not liable for costs, when....
answer of, ad litem, need not be
verified by affidavit.
.....
PAGE.
1220
1220
1220
1220
...
guardian appointed..
appointment to be made at request
of
failing to make request, court to
appoint.....
party cannot agree on referees..... 1262
Injunctions..
.1247 to 1252
by whom, may be granted.....
proceedings to obtain.....
1247
1248, 1249
1248
shall be returnable, where…….. 1248
to stay proceedings at law
none shall be granted, except...... 1249
shall operate as a release of errors, 1249
none shall issue, until complain-
ant give bond, &c.....
damages, on dissolution of.
1249
...... 1249
no notice of, necessary, when...... 1250
application for, overruled, certifi-
cate to be granted........
1250
shall not be granted in same cause, 1250
penalty for violating...
1250
temporary, granted, in what cases, 1248
proceedings where no notice has
been given, and where defend-
ant may be restrained..
wife may have, against husband,
when..
special proceedings allowed for, in
....
...
1251
1251
St. Louis county.
.1251, 1252
Inquiry of Damages-(See, Damages.)
Inspection of a paper obtained. 1266
Instructions, to be in writing....
parties may ask, or court may, of
its own motion, give..........
Instrument of Writing, lost or de-
1268
1268
stroyed, sued on......... 1240, 1241
when to be filed, when not...1240, 1241
excuse for want of filing, alleged,
1220
when.......
1240, 1241
1234
no abatement of suit, by death of,
1275, 1276
adverse party examined to dis-
prove loss of, when………………………..
parol or other evidence given of
loss of, when....
1267
.....
1267
....
1218
sued on, received in evidence, un-
less..
1267
1267
Husband, must be joined with wife,
except, when..
may be enjoined by wife, when.... 1251
may be made party to suit, how... 1275
may proceed as if an original party, 1275
Identity of defendant, court to be
satisfied of..
1282
execution thereof to be denied by
affidavit.......
Interlocutory Judgment-(See, Judg-
ment.)
Interrogatories, examination of par-
ties on......
1290 to 1293
may be filed and answered, when.. 1293
Irrelevant Matter, stricken out of
answer to interrogatories....
stricken out..
Indemnify, bond to, given before
judgment, when....
1267
Indictments, what provisions shall
not extend to...
1257
1292
1218
Infant, must sue by guardian or
next friend......
appointment of next friend for an, 1219
to be made on petition of, when... 1219
petition of, for appointment of
next friend, to be filed.....1219, 1220
of fact arise, how.
....
both of law and fact arise, how.... 1259
1236
Issue, cause at, when.
1234
......
Issues, definition of, and kinds.
of law arise, how.......
1259
1259
1259
INDEX.
1829
Practice in Civil Cases.
Issues, of law, first tried…………….
...
what, of fact tried by jury…………….
may be tried separately, when.....
either party may try, when.……....
1259
1261
1262
PAGE. | Practice in Civil Cases.
PAGE.
Judgment, confession of, how made, 1282
to be rendered for amount confess-
ed..........
1282
1262
rendered against a party on his
what, tried by court...
1261
power of attorney
1282
...
...
what, may be referred.
1262
court may direct, to be tried by
jury, when......
on submission of a controversy,
how enforced......
1283
1263
new trials of, awarded, when.
only one such trial shall be grant-
ed to same party..
Judgment, plaintiff failing to reply
... 1263
title to property may be passed by
the.......
1283
not to be reversed, when...
not stayed or reversed for certain
omissions, defects, &c......1255, 1256
such omissions, defects, &c.,
amended, in what court....……….
on each separate finding, to await
trial of all issues..
1257
1262
party may take, when....
1262
.....
1263
or demur to counter-claim, de-
fendant to have........ 1233, 1234
rendered against such as are proven
to be parties.......
how plead......
1237
1239, 1240
.1239, 1240
1240
when to be proved...
payment may be plead to....
what, may be given in proceedings
1245
as to the title to real property.. 1241
for return of property, &c.......... 1245
for damages, if property not in
possession.....
proceedings to enjoin, to be had,
where.....
how entered and enforced on dis-
solution of injunction......1249, 1250
1248
1254
an unconditional, to have the ef-
fect of a conveyance, &c., when, 1283
what may be awarded in lieu of
performance of ...............1283, 1284
motions in arrest of, when made... 1286
proceedings amended after arrest
of.....
limitation to motion to set aside,
for irregularity..
requiring performance of any act
than payment of money, how
enforced......
1286
1290
1290
of nonsuit, or by default, when
party neglects to strike out, &c.. 1292
Jurisdiction, question of, not waived,
...
1231, 1232
facts conferring, need not be stated,
when.......
1239, 1240
such facts to be proved, when, 1239, 1240
Jury, what issues of fact tried by... 1261
opidion of a, may be taken, when, 1261
trial by, waived, when..
1261
shall render general verdict, when, 1263
to specify in verdict amount of
finding.
1263
1240
1240
Libel, may be plead, how..
proof of, made, when...
rendered on lost bill or note........ 1267
may be entered against represent-
atives......
..1273, 1274
the truth of the, may be plead.... 1240
Limitation, to proceedings for re-
viewal of judgment........
1281
may be rendered, if party die after
verdict.....
1276
not, if party die before verdict.... 1276
definition of....
1278
rendered, how, and for what………. 1278
defendant failing to plead within
time, interlocutory, rendered... 1278
such, may be set aside, when, 1278, 1279
plaintiff failing to reply, of non
pros. rendered......
of motion to set aside judgment
for irregularity
1290
Mandamus, what provisions shall ex-
tend to...
1257
Married Woman, husband must be
joined with, except.........
must prosecute or defend by next
friend, when.....
1218
1218
Minors-(See, Infant)
1279
Mistakes amended....
.1253, 1254
such, may be set aside....
1279
interlocutory, rendered against
parties making default...
Mitigating Circumstances may be
plead and proved………………….
1240
1279
Money, action for recovery of, tried
only one final, given in an action, 1279
interlocutory, proceeded with,
by jury..
1261
amount of, assessed, to be speci-
final, given, when.......
when......
may be set aside, when..
to stand absolute, when...
proceedings for reviewal of......... 1281
shall not be set aside, unless…...... 1281
shall be made absolute, when...... 1281
on confession entered, when and
for what........
1280
fied in verdict......
1263
1280
Motion, shall specify reasons..
1235
1280
to be filed, when....
1235
1281
a frivolous pleading or irrelevant
or redundant matter may be
stricken out on......
1236
duplicity stricken out by
1236
determined without delay..
....
1236
1282
time extended for filing any........
1236
1830
INDEX
PAGE.
Practice in Civil Cases.
Motion, to be signed, by whom....... 1237
day of filing, to be endorsed....... 1237
entered on minutes, when...... 1237
to strike out, responsive, when.... 1238
to dissolve injunction, always in
order after answer filed……………………. 1250
continuance of, how granted, 1250, 1251
testimony to be heard on, how
taken
1251
affidavits, filed with petition or an-
swer, may be read……..
1251
testimony introduced in support of
petition and answer....
1250
....
1254, 1255
any part of petition stricken out
on, of plaintiff....
what objections to such, valid...... 1255
an application for an order is a.... 1278
for new trials, and in arrest, when
made.....
1286
limitation to, to set aside judg-
ment for irregularity..
1290
to obtain order to examine party
on interrogatories....
1290
must state, what facts, and be ac-
companied by interrogatories... 1291
must be verified by affidavit........ 1291
Name, action prosecuted in, of real
....
party
executor, trustee, &c., may sue
in his own, without....
Practice in Civil Cases.
Nonsuited, plaintiff not, on failing to
prove that all defendants are
parties.......
Note, parol or other evidence given
of contents of, when.....
PAGE,
1237
1267
Notice, to be given to person with
whom infant resides, when....... 1219
matters of judicial, need not be
plead......
1239
to be given of filing of a pleading
in vacation...
1240
effect of failure to give such....... 1240
to be given of application for order
to inspect or take copy of paper, 1266
given, if plaintiff accept offer of
compromise.
if not given, the offer deemed with-
drawn..
....
1270
1270, 1271
if not given, offer to liquidate
deemed withdrawn……………. .1270, 1271
if given, damages shall be assessed
at the amount of the offer....... 1271.
to be given, where husband is to be
made a party......
1275
may be given of final judgment... 1281
of appeal taken, to be given, when, 1288
given of motion to obtain order to
examine party.....
of suit, how made on defendant
out of this State.....
1217
1291
1217
1225
Negotiable Instrument, want or fail-
ure of consideration of, not
proven, when…………..
1290
New Matter set up in answer……………………….
New Trial, court may award, of any
issue, when.…………..
1232
to be in writing, and served, by
whom and how......... ....1225, 1226
may be put up, where and when.. 1226
time of......
1226
1263
ficient
1226
...
only one such shall be granted to
same party..
1263
1241
...
in what cases, may be granted..... 1285
only one, allowed to each party,
except.
....
•
motion for, made, when..
Next Friend, wife must prosecute or
defend by, when...
1286
1286
1218
infants must, by guardian or....... 1218
appointment of, for an infant...... 1219
when made on petition of infant... 1219
when, of a relative of infant....... 1219
to give bond, when………………..
acknowledgment of service of, suf-
given to party claiming real pro-
perty of another..
of application for injunction shall
be given, how, and to whom...... 1248
1249
shall contain, what
service of, shall be proved, how... 1249
how served, when adverse party is
•
1250
a non-resident.......... 1248, 1249
not required in certain cases.......
proceedings where no, has been
given....
applications for injunctions heard
without, and delay, when and
where........
1251
1219
written consent of, acknowledged
or proved...
1251, 1252
1219
defendant heard in opposition upon,
responsible for costs, when………….
1220
1251, 1252
Non-age of parties not to delay suit... 1225
Non-residents, separate summons
may issue against...
1224
order of publication against...
1224
hearing before the judge upon rea-
sonable.
Notice of Writ of Error, to be served
on adverse party....
.1251, 1252
1298
mode of personal service of peti-
tion, and notice to.....
examination of, taken, how..
1225
1293
Nonsuit, plaintiff may take, when... 1238
court may, party disobeying order
to produce books, &c...... ..... 1266
plaintiff shall not suffer a, when.. 1269
if not served, writ to be dismissed, 1298
Objections, to petition taken by an-
what, deemed waived, when, 1231, 1232
and what not...
.1231, 1232
Officer, to make return of writs...... 1224
liable for neglect in serving notices, 1226
swer, when……..
1231
INDEX.
1831
Practice in Civil Cases.
PAGE.
Officer, affidavit taken before, and
certified by what........ .1234, 1235
to levy and make value of property,
&c
parties barred of an action ou bond
of, when...
1246
1246
1246
charges allowed, for taking and
delivery of property.....
failing to return, or returning an
insufficient, bond, liable.......... 1246
no abatement of suit by death of,
...
•
1275, 1276
successor made party, how... 1276
Offsets― (See, Set off.)
Order, clerk to deliver to sheriff, for
retaking and delivery of pro-
...1244, 1245
perty.
for delivery of property to plaintiff, 1243
for delivery of property enforced, 1246
introducing new person as a party,
when made...
......
1276
substituting a person for an origi-
nal party, when made...
1277
definition of term.....
1278
appeal may be granted by special;
1288
......
1288
when, and by whom, made
.... 1291
not to be granted, unless...
court may, that party answer in-
terrogatories.
neglecting to answer, court may,
that facts stated stand admitted, 1291
court or judge may compel the
production of books, &c, by,
1265, 1266
1266
1266
such, may be granted, when…………...
may be vacated, when....
party neglecting to obey, penalty, 1266
granted for the inspection and
copy of a paper, &c., when...... 1266
not complied with, court may ex-
1266
clude the paper, or punish for
contempt....
concerning examination of books,
1291, 1292
&c
Order of Publication-(See, Publi-
cation.)
Papers-(See, Evidence.)
Parties to action, how designated.... 1216
action to be in names of the real, 1217
united in interest must be joined,
how
Practice in Civil Cases.
Parties, may agree to remove suit to
another county.
unknown, proceedings.
PAGE.
1221
1224
no suit delayed by nonage of....... 1225
notices served on, how, by whom
and when.
1225, 1226
acknowledgment of service of no-
tice by, sufficient....
1226
not deprived of what benefit, when, 1238
may prosecute and defend, how... 1242
amendments as to names of......... 1253
new, brought in, when and how... 1253
to have time to answer or reply to
amendments
1255
may ask instructions, when…..... 1268
against whom suit survives, how
notified.....
...
1273
appearance of, may be entered..... 1273
husbands may be made, how and
when......
....
transferees of property may be
substituted as.....
1275
1275
all persons interested, to be........ 1276
only bound by order or judgment, 1276
if party die after verdict, but be-
fore judgment, proceedings...... 1276
if before verdict, judgment cannot
be rendered...
orders introducing new persons as,
1276
when made......
1276
substituting persons in place of
original, when made
1277
such, to have a continuance of
cause.
1277
failing to make conveyance, &c.,
effect of judgment.
1283
how denominated in appeal cases, 1287
examination of, on interrogatories,
persons substituted as, or com-
pelled to become, in Supreme
Court, how...
.....1290 to 1293
..1299, 1300
Payment plead in actions on bonds
or judgments
1240
how plead.
1239
Performance, of conditions precedent,
proof of, to be made, when, 1239, 1240
damages awarded in lieu of, of the
judgment
1283, 1284
Personal Property, procedure to ob-
.....
1218
when may, who should be plaintiffs,
be made defendants
1218
tin possession of......... 1242 to 1246
delivery of, ordered to be made to
sheriff
1243
liable to action may be sued joint-
ly or severally..
1218
sheriff not to deliver, to plaintiff
till boud is given..
1243
in a representative character may
defendant may retain, when..
1243
be joined, with whom
1218
shall not be entitled to, when...... 1244
husband and wife must join, ex-
sheriff to retake, when.....
1244
cept.....
1218
value of, assessed, when.
1245
wife must sue or defend by next
friend, when.....
1218
damages assessed for the taking
and detention, when………………….
1245
infauts must sue by guardian or
next friend......
1218
presumed to be with party who
should have it.........
1245
.... 3
KK VOL. II.
1832
INDEX.
PAGE. | Practice in Civil Cases.
Petition for review of judgment, pro-
PAGE.
ceedings
1281
1246
1246
Plaintiff, the party complaining shall
be....
1216
1218
Practice in Civil Cases.
Personal Property, delivered to she-
riff, election to be made....1245, 1246
right to, not impaired, when.
vested in other party, when.....
orders for delivery of, enforced.... 1246
execution for delivery of, to issue, 1246
order for the retaking and delivery
...
1244, 1245
of, how executed.....
in action for recovery of, trial to
be by jury.
1261
title to, may be passed, how........ 1283
party may be put in possession of,
how
1283
sold, after appeal taken, when, 1288, 1289
Petition, what reason shall be stated
1218
in....
for appointment of next friend to
infant...
1219
notice of such, to be given......... 1219
for appointment of next friend to
......
be filed..
1219, 1220
for institution of suit, where filed, 1222
to be filed before issuance of writ, 1222
writ endorsed on, or copy, and de-
livered to officer.....
1222
copy of, to accompany writ..………….
non-residence of defendant al-
leged in.....
1223
1224
procedure on allegation in, that
parties are unknown....
1224
mode of personal service of a, on
a defendant out of the State..... 1225
may be dismissed as to some de-
fendants, when......
1225
what causes of action may be united
in same...
1228
is the first pleading on part of
plaintiff; to contain, what......
1229
amended, filed, when.....
1231
....
..
•
objections to, deemed waived, when, 1231
1231, 1232
what, not.
to be verified by affidavit... ..... 1234
insufficient, proceedings.
what allegations in, to be taken as
true...
against person claiming title to
real property of another......... 1241
married woman may, for an injunc-
who may be joined as.
may obtain order of publication
against defendants, how and
when.......
1224, 1225
may cause personal service to be
made out of the State.
may proceed, how, when some de-
fendants appear, &c., and others
do not........
1225
1225
....
1233
1233
1233
...
may reply to a counter-claim...
what, may allege in reply....
may demur to answer for insuffi-
ciency, when and how...
may demur to one or more coun-
ter-claims, and reply to residue, 1233
may dismiss his suit, or take a
nonsuit, when……………………………
(See, Petition.)
...
...
1238
Pleading, forms of, prescribed........ 1228
first, on part of plaintiff.
1229
the only, on part of defendant..... 1230
not to be used as evidence, when, 1234
what allegations shall not be made
in.
only substantive facts to be stated
in.....
1235
1235, 1236
1236
a frivolous, stricken out
matter, irrelevant and redundant,
....
1236
and duplicity, stricken out of a, 1236
made definite by amendment....... 1236
party violating rules of, fined...... 1236
evidence not to be stated in a...... 1236
time extended for filing any..
every, to be signed, by whom...... 1237
day of filing, to be endorsed.... 1237
entry of, made on minutes, when, 1237
insufficient, proceedings.
responsive to adverse pleading,
...
1237
...
1237
when......
1238
1238
several pleadings cannot be ap-
plied, how....
1238
to be liberally construed....
items of account need not be stated
1239
in
1239
1239
tion, against whom and when... 1251
such, shall show, what; where filed, 1251
new parties brought in by supple-
mental......
1253
amended without costs, when...... 1254
supplemental, allowed for what
purpose..
1254
shall set forth, what...
1255
for production of books, papers,
&c..
1266
defendants may, for revival of suit
in names of representatives of
deceased plaintiff.
may be dismissed as to such repre-
sentatives....
1274
...
1274
if not so stated, copy of account to
be filed with the....
filed in vacation, notice to be given, 1240
amended before judgment, how... 1253
errors in, disregarded, unless...... 1254
amended after judgment, how...... 1254
may be amended after demurrer
allowed, when…....
1254
1257
...
1257
not to be amended without order
of court.
provisions relating to, how con-
strued .....
(See, Amend; Amendment; An-
swer; Demurrer; Petition, and
Reply.)
INDEX.
1833
Practice in Civil Cases.
Pleading amended after grant of
new trial......
1285
PAGE. | Practice in Civil Cases.
Real Estate, proceedings, where a
party makes claim to, in pos-
session of another.......
PAGE.
1241
1242
judgment rendered on………………
1282
an action for recovery of, tried by
jury.
1261
1282
(See, Property.)
Power of Attorney, not necessary,
when...
to be acknowledged and filed....
Practice in Supreme Court, 1294 to 1302
(See, Appeals; Clerk; Court; Er-
ror; Exceptions; Execution; No-
tice of Writ of Error; Supreme
Court, and Writs of Error.)
Presumptions of law need not be
Reasons, to be specified in motion... 1235
no, not so specified, shall be urged
in support of motion.....
Receiver, court may appoint.
duties of.....
to give bond; powers of.
compensation of........
1235
......... 1271
1271
1271
1271
Recognizance, in case of appeal, 1287, 1288
if appeal granted by Supreme
Court, &c, to be given to stay
proceedings..
plead.....
1239
Probate Courts, this act does not ex-
tend to, except..
1293
Process, may be amended before
judgment
1253
and after final judgment...
1254
not to be amended without order
1257
how
after judgment, how...
....
of court.
Proof, verification of a pleading by
affidavit shall not make greater,
necessary
1234
to be made of performance, or ju-
risdiction conferred, when, 1239, 1240
to be made of libel and slander,
when...
...
of mitigating circumstances al-
lowed...
1240
1240
....
1248
to be made on application for an
injunction, when....
introduced in support of petition
and answer in injunction case... 1250
heard on motion to dissolve injunc-
tion
adverse party examined to disprove
...
loss of instrument, when......
what deemed a failure of.........
failure of, proceedings...
Property, sales of, shall not be af-
fected, when....
...
1288
amount of; approval; filing......... 1289
Record, amended before judgment,
not to be amended without order
of court..
1253
1254
1257
bills of exceptions form a part of, 1265
after appeal taken, clerk to make
out and send copy of.......... 1289
Redundant matter stricken out....... 1236
Referees, parties, except, &c., may
1262
agree on........
court to appoint, when...... 1262, 1263
to be free from exceptions... 1262, 1263
Reference, of what issues ordered... 1261
of any issue may be had by con-
sent
1262
1251
directed by court, when and in
what cases...
1262
1267
Release, unconditional judgment to
1285
have effect of, when...
1283
1285
Relief, asked for, granted.,.
1280
1282
1224
title to, may be passed, how........ 1283
party put in possession of, how.... 1283
party not bound to disclose title to, 1292
Publication, how made against non-
resident defendants.....
ordered on return of writ that de-
fendant cannot be found.......... 1224
made where parties are unknown,
1224, 1225
made, in what newspapers, and
how long.......
•
shall not be other or greater than, 1280
court may grant any, when......... 1280
Removal of suits, proceedings for
the.
Replication (See, Reply.)
Reply, amended, filed, when..
...
1221
1231
1233
plaintiff to, to counter-claim,1233, 1235
to contain, what..
new matter may be alleged in the, 1233
how set forth....
effect of failure to, or demur to
counter claim......
governed, by what rules.
1233
...
1233, 1234
1225
1234
order of, made, against whom, on
suggestion of death of defend-
ant, and how...
when, is filed, cause at issue.
to be verified by affidavit.......
1234
....
1234
1273
substance of petition for revival
to be stated in order of.......
Purchasers, sales of property in
hands of, not affected, when..... 1282
Quo warranto, what provisions shall
extend to.......
Real Estate, suits concerning, where
brought......
1274
frivolous, stricken out........
may allege facts which have oc-
curred since institution of suit, 1237
insufficient, proceedings..
1236
....
1237
what allegations in, controverted, 1238
amended, when……………….
1254
...... 1257
supplemental, allowed, for what
purpose.
1254
1221
shall set forth, what..................
1255
1834
INDEX.
PAGE.
Suits, concerning real estate, where, 1221
removal of, to auother county
Practice in Civil Cases.
PAGE.
Practice in Civil Cases.
Representatives, suit revived in name
of legal, when......
1273
answer of deceased party deemed
answer of, when......
when and how instituted………..
1273
1273
...
if there be no answer of such par-
ty, proceedings against..
judgment may be entered against, 1273
may be compelled to answer.. 1273
may be made plaintiffs, how and
when......
....
1221
1222
when defendant shall appear to, 1222
shall proceed, when.
1225
not delayed by nonage of a party... 1225
on bonds, bills and notes, defend-
ant to demur or answer, when.. 1235
such, determined, when..
1235
1274
proceedings to stay, by injunction,
may amend petition.
1274
to be had, where....
1248
required to show cause, why suit
should not be revived in their
what, continued at first term
1259
tried at second term,
1259
Dames
1274
1270
1275
proceedings of defendants to revive
against, of co-defendants..
all persons interested, deemed..... 1276
unless parties, not bound by order
or judgment
1276
Responsive, pleadings deemed, to ad-
verse pleadings, when.
1238
Return of writs to be made.....
1224
Returns, amended, before judgment,
how
1253
after judgment, how
1254
of officers and courts amended,
how, when, and by whom..
1255
......
may be consolidated, when……..
where several, that may be joined,
are brought, costs, how paid.... 1270
when, and when not, to abate by
death of parties
..1272, 1273
if there he no surviving plaintiff
or defendant, the, shall be dis-
missed.....
not to abate hy death of parties,
acting in a fiduciary character,
✰
1275
...1275, 1276
to proceed, how, when new par-
ties are introduced or substi-
tuted...
1277
Review of judgment, proceedings. 1281
Revival, petition for, shall
state
what facts.....
proceedings for, of suits, 1273, 1274, 1275
Sale of property shall not be affect-
erl, when
Scire facias, payment plead to, when, 1240
what provisions shall extend to
writs of........
Securities, to bonds of plaintiff and
Summons, sued out on filing petition, 1222
not to issue before......
1222
.1273, 1274
to be endorsed on, &c., petition or
copy..
1222
and petition, or copy, delivered to
1282
officer.
1222
date of; when returnable...
1222
1257
defendant
1243, 1244
1223
accompanied by copy of petition, 1223
service of, valid by written ac-
how directed; its commands,1222, 1223
how executed....
qualifications of such.........
1243, 1244
knowledgment..
1223
Sequestration, party may be put in
defendants refusing to hear, read,
possession of property by........ 1283
contempt punished by.
1290
&c., sufficient service of...1223, 1224
officer to make return of.
1224
Set offs, jury to specify in verdict
amount of, when..
separate, shall issue, when
1224
1263
to include all defendants, when.... 1224
Sheriff-(ee, Officer.)
Slander, may be plead, how..
1240
may be separate against non resi-
dents.
1224
proof of, made, when..
1240
upon application to enjoin judg-
ment, &c., directed and served,
how
1248
the truth of the, may be plead……….. 1240
Specialty, want or failure of consi-
1290
deration of, may be proven.....
Statute of Frauds, pleading, does not
deprive party of, what benefit... 1238
Statute of Limitations, pleading,
does not deprive party of, what
benefit....
Statures, public and private, how
plead
Stay of proceedings on judgment
1238
1239
appealed from, when.......1288, 1289
Submisssion (See, Controversy.)
Suits.instituted by summons, brought,
in what county.....
1220, 1221
by attachment brought, where..... 1221
new parties brought in by new..... 1253
to issue against parties, upon sug-
gestion of death of defendant... 1273
how directed and served…………………. 1273
copy of petition for revival shall
be annexed to.......
Supreme Court to frame and promul-
gate certain rules
Survivors, suit to proceed for or
against, when....
1274
1302
.1272, 1273
1273
1274
may proceed without reviving,
when........
may have representatives made
parties, when and how……………………..
INDEX.
1835
1236
...
Practice in Civil Cases.
Survivors, if defendant die, and cause
of action survive, proceedings
by
PAGE.
1274, 1275
cause shall proceed between, when, 1275
shall proceed in name of, when.... 1276
Testimony(See, Proof.)
Time extended for filing any plead-
ing or motion......
PAGE.
Practice in Criminal Cases.
Writ of error, allowed on judgment,
on submission of a controversy.... 1283
when, may issue out of Supreme
Court...
in what cases to issue from circuit
to county court......
when, and in what time, to be
brought........
1294
1295
1295
given for answering or replying to
amended pleadings.......
1255
Title to property, court may pass,
how
may be brought by survivor, &c.. 1295
all living, shall join in, except,
&c.....
1295
1283
1238
persons refusing to join in, what
order shall be made.
1296
1292
any person may be permitted to
join in......
1296
....
1275
1296
1296
may be alleged alternatively.....
party not bound to disclose....
Trausferee may be substituted as a
party..
Translation of deposition to be filed, 1271
Trial, cause stands for, when...... 1234
of suits on bonds, bills and notes,
when.....
1235
of causes at second term, when... 1259
definition of term..........
1261
by jury, when..
1261
by court, when
1261
......
by jury waived, when......
1261
of what issues and causes may be
separate, and when..
1262
either party may bring issues to,
when
1262
Trustee, no abatement of suit by
death of......
Trustee of an express trust, may
sue in his own name, without... 1217
the term, how construed...
1217
Truth of the libel or slander may be
plead..
..1275, 1276
...
1240
1240
...
Vacation, notice to be given of filing
pleading in........
Variance, when deemed material..... 1253
not material, how provided for…….. 1253
in record, amended, how......
....
1255
1285
what not deemed a case of.
Venire, amended, by what court…..…….. 1255
when person not appearing to join
in, shall be precluded
persons' rights not impaired, when
living out of the State.
proceedings, when person may be
permitted to join in.
1296, 1297
when execution to be stayed by... 1297
how returned, &c.........
1298
when plaintiff shall assign errors, 1298
proceedings, when one or more
plaintiffs or defendants die...... 1299
when all the plaintiffs die.....
1299
when all the defendants die......... 1299
proceedings, when female appellee
marries..
Writ of Inquiry of damages issued
1299
in favor of defendant...... 1233, 1234
Writ of Possession may issue...... 1283
PRACTICE IN CRIMINAL CASES.-
...
CHAPTER 127.
.... 1156 to 1216
Abatement, plea in, to be sworn to.. 1182
Accessory,indictment against, where,
may be found.....
...
1174
may be indicted, tried and pun-
ished, before principal.......... 1175
Acquittal, variance not ground for,
unless....
Administration of effects of persons
sentenced to imprisonment for
life
1175
1212 to 1216
Affray, in presence of court or ma-
gistrate....
Venue, what taken to be the, in-
tended
1237
not necessary to state a, in body of
petition
1237
(See, Removal)
1158
Verdict, party may take, when....... 1262
is general or special; defined.
1263
general, rendered, when.
1263
Alien not entitled to jury of part
aliens.
Answers of prisoners to be reduced
1189
jury to specify in, amount of find-
ing..
1263
set aside for what causes.....
1285
to writing, and certified.......... 1163
Appeal, to Supreme Court by de-
fendant......
1202
Wife, must be joined with husband,
not to be a supersedeas, unless or-
except, when.
1218
dered..
1202
prosecute or defend by next friend,
when..
1218
by State, when allowed; effect of, 1204
Arraignment, prisoner not to be asked
Witnesses, party not bound to give
•
names of....………….
1292
Writ (See, Summons.)
Writings to remain on file....
1241
how he will be tried....
what deemed plea of not guilty... 1181
Arrest of person on complaint of
intended breach of the peace,
1181
copies of, substituted, when...……….. 1241
1157, 1158
1836
INDEX.
Practice in Criminal Cases.
PAGE.
Arrest, of offender charged with cri-
minal offences.....
1160, 1161
before whom to be taken.... 1161, 1162
of escaping offender without war-
rant
....
of defendant bailed after appeal
1165
or writ of error............
.... 1205, 1206
power of marshal to, convict, when, 1203
Assessment, of value of property.... `1196
of punishment to be by jury; when
by court..
1196
of punishment, higher or lower
than laws allow, judgment, how
to be entered.....
1197
of punishment may be reduced by
court, when...
1197
1181
1205
Assignment, of counsel for prisoner,
by court.
...
of error, when not necessary.
Attachment against magistrate, to
compel magistrate to return ex-
amination or recognizance....... 1165
1164
Bail, offender admitted to........
proceedings, where, not allowed... 1164
refused, or insufficient, offered, pri-
soner to be committed........
amount of, to be endorsed on war-
rant, when prisoner is com-
mitted
1164
1164
after commitment, by whom taken, 1165
after indictment, by whom taken, 1179
after supersedeas granted.... 1203
may arrest his principal..
may surrender him, when and to
whom...
...
1179
1179
discharged from liability.... 1179, 1180
to deliver copy of recognizance.... 1180
defendant may give other..
Bank-bill, may be described as
1180
money
1178
what proof shall sustain.
Bill of Exceptions, allowed, when,
1178
1193, 1194
proceedings to obtain....
.... 1193, 1194
Boat, offence committed on, where
indictable...
Breach of the Peace, threatened or
intended, complaint of, may be
made.....
1173
1157
1158
to be examined, warrant to issue, 1157
party complained of, to enter into
recognizance, when....
failing to give, to be committed... 1158
may be discharged, when......
Burglary, indictment for, in county
1159
into which goods are taken...... 1175
Challenge, of grand jurors, when... 1167
of petit jurors, when..... 1189, 1190
defendants shall join in their,
when.....
1190
Change of Venue, when; proceedings,
.1183 to 1188
1187
...
costs of, regulated.....
...
PAGE.
1187
Practice in Criminal Cases.
Change of Venue may be as to part
of several defendants..
Chief Officer of incorporated town,
conservator of the peace..... 1157
Circuit Attorney, may be required
to attend grand jury.
...
1167
not to be present when vote taken, 1167
Clerk, of grand jury may be ap-
pointed; his duties..
1167
may issue warrant on indictment, 1179
Commission, to take depositions,
when.....
1182, 1183
interrogatories to be annexed...... 1183
Commitment, of person charged with
intended breach of the peace... 1158
of person charged with criminal
offence...
of witnesses.
Complaint, of intended breach of the
1164
1164
peace, how, and to whom made, 1157
proceedings thereupon, 1157, 1158, 1159
of criminal offence, proceedings... 1160
may be examined by two magis-
...
1165
trates.
Conservators of the Peace, who are, 1157
to issue process for persons charged
with criminal offence..
Conspiracy, evidence of..
1160
1193
Constable, penalty against, for fail-
ing to pursue escaping offender, 1165
Contempt, commitment for, of per-
sons refusing to testify before
grand jury
....
Continuance, of indictment, until
arrest of defendant.
...
may be granted………………....
Convict, to be taken to penitentiary,
1168
1179
1192
1198, 1203
becoming insane, proceedings...... 1199
female, pregnant, proceedings...... 1199
escaping, reward may be offered;
how paid..........
1210
sentenced to imprisonment for life,
his effects to be administered... 1212
trustee of, when to be appointed.. 1212
powers and duties of trustee of,
1213, 1214
creditors of, how to proceed, 1214, 1215
discharged, trustee to deliver up
effects to...
arrested and taken to penitentiary
by marshal.....
1215
1203
to restore stolen property... 1208, 1209
to make reparation for damages,
1208, 1209
Copy of instrument need not be set
out in indictment...
1177, 1178
Coroner, penalty against, for failing
to pursue escaping offender...... 1165
Corporation, charter of, how proved, 1193
Costs, of change of venue, regulated, 1187
prisoner detained for, may take
benefit of insolvent law………..
1200
INDEX.
1837
Practice in Criminal Cases.
Counsel, may be present with pri-
soner, and aid in examination of
witnesses
ᏢᎪᏩᎬ.
...
1162
1181
may be assigned by court..
Criminal Offence, process to issue for
person charged with........1160, 1161
arrest of offender, and proceedings,
1161 to 1166
Damages, party injured to have judg-
ment for...…….
Death, punishment of, to be by hang-
ing...
1209
1200
punishment of, suspended by in-
sanity or pregnancy.
1199
when inflicted, after insanity or
pregnancy ceases.
1199
Death-warrant to issue; what to
specify..
1198
Decision of what justice to prevail.. 1165
Defendant, recognized where court
has not jurisdiction.
1173
removed, how.....
1173
subject, to what duties and penal-
ties
1174
....
indicted by wrong name, proceed-
ings
1176
may give other bail.
1180
....
Degrees, different, may be included
in same indictment...
1175
verdict to specify......
1196
Demurrer to specify objections to in-
dictment
1176
....
Depositions may be taken, when and
how........
1182, 1183
1182
Dilatory Plea to be sworn to………….
Discharge, of person arrested on
complaint of intended breach of
the peace......
1158, 1159
of prisoner charged with criminal
offence....
1163
of person indicted.
1194
of convict on payment of costs.... 1200
PAGE.
Practice in Criminal Cases.
Escape of offender into another coun-
ty, proceedings.....
1161
Estates of Convicts, management of,
1212 to 1216
Evidence, of witnesses on examina-
tion before magistrate to be re-
duced to writing...
in case of treason, conspiracy and
rape...
1163
...1192, 1193
of charter of foreign corporation, 1193
court not to sum up or comment on, 1195
what, shall sustain allegation of,
money or note....
defendant may be discharged to
give.......
Examination, of complaint of intend-
1178
1193
ed breach of the peace.....1157, 1158
of complaint of criminal offence.. 1160
of prisoner charged with criminal
offence.....
•
.1162, 1163
1163
1164
1164
1165
1193, 1194
of witnesses for prisoner...
to be certified by magistrate to
clerk of court......
when, to be delivered to jailer...
return of, may be compelled.………….
Exceptions, bills of, provisions re-
specting.....
Execution, of sentence of death, when, 1198
may be suspended by Governor or
court.
suspended in case of insanity or
pregnancy.
...1198, 1199
1199
1199, 1200
1200
delayed till expiration of time,
proceedings.
to be by hanging...
for fine and costs, when to issue... 1201
suspended for application to Su-
preme Court for supersedeas.... 1202
Fees of witnesses need not be paid or
tendered
...
Felony, punishable with death or im-
prisonment for life, may be tried
at any time...
1182
courts may; defendants to be wit-
1211
nesses, when......
1193
order of, shall be a bar to another
prosecution...
1193
indictment for, when not so punish-
able, to be found within three
years..
1211
Disclosures, by grand jurors, when
Female, pregnant, under sentence of
to be made...
1169
death, proceedings.
1199
penalty for making..
1169
Fine may be commuted into impri-
charge to grand jurors in reference
to....
1169
of indictment found, a misde-
meanor..
1169
Door, officer may break, to arrest... 1166
Embezzlement, counts for, and lar-
ceny, may be joined............... 1176
Endorsement of magistrate's name
sonment in county jail.......... 1200
Foreman, of grand jury to be ap-
pointed.....
to certify indictments.
may administer oath...
Fugitive from Justice, warrant to is-
sue for...
expenses, how paid..
1166, 1167
...
1169, 1170
1167
...
1210
1210
1161
...1166, 1167
Error, writ of, when to issue...
1202
not to be a supersedeas, unless or-
dered.
1167
1202
assignment of, when, not necessary, 1205
foreman of, may administer oaths, 1167
may appoint clerk; his duties...... 1167
on warrant, from another coun-
ty, effect of..
Grand Jury, number of; foreman to
be appointed..
persons summoned may be chal-
lenged...
1838
INDEX.
PAGE.
Practice in Criminal Cases.
Grand Jury, may require circuit at-
torney to attend their meetings, 1167
no person other than, to attend,
when vote taken.....
may cause witnesses to be sum-
moned
...1167, 1168
proceedings against witnesses not
1167
attending, or refusing to testify, 1168
when second, may be summoned... 1168
members of, may be required to
testify as to statements of wit-
nesses before them...…….
1169
Practice in Criminal Cases.
Indictment, not deemed invalid for
PAGE.
1176, 1177
certain omissions.
continuance of, till arrest of de-
fendant...
1179
to be tried at first term, unless...... 1181
copy of, to be delivered to defend-
ant..
to be tried where found, though de-
fence pleaded as having occur-
red in another county
against judge to be removed to
another circuit.
1181
1182
penalty against, for disclosing...... 1169
charge to, in relation to disclosures, 1169
twelve members of, to concur in
finding indictment....
1183
not required to disclose votes or
opinions....
1169
not to disclose, unless required by
court..
1169
not to disclose finding of indict-
for treason, overt act to be charged
in indictment..
for offence punishable with death,
or imprisonment for life, may be
at any time.....
.1192, 1193
1211
ment....
1169
for offence not so punishable to be
found within three years.......
for offences punishable by fiue, with-
in one year
1211
1211
1169
not to be docketed, until
1172
nor entered on minutes...
1172
by..
1200
where the court has not jurisdic-
tion, proceedings.
1173
....
variance not ground for acquittal,
concur in finding.
1169
unless...
1175
•
1169, 1170
1170
counts for certain felonies may be
joined.......
1176
Hanging, punishment of death to be
Hue and Cry to be raised, when...... 1165
Indictment, twelve grand jurors to
how certified...
how presented to court...
on...
name of prosecutor to be endorsed
......1170, 1171
returned not a true bill, prosecutor
liable for costs..
1171
not open to inspection, when ...... 1172
fact of, not to be disclosed, when, 1172
two, for same offence, or same mat-
1172
ter, first, to be suspended........ 1172
against receiver of stolen goods,
where, may be found......
for offence committed on boat or
vessel, where found
1173
1173
for offence committed on boundary
of two counties, where found... 1173
where there is doubt, what court to
have jurisdiction………..
for offence against property of se-
veral partners or owners suffi-
cient to charge as property of
one.
....
1174
for offence committed in one county
where death follows in another,
may be found in either county.. 1174
for mortal injury inflicted in this
State when death takes place
out of it......
1174
for death following in this State
injury inflicted in another…..………….. 1174
against accessory, where found.... 1174
for burglary and robbery in county
to which property is taken....... 1175
shall include all engaged in same
offence......
1175
may comprise different degrees.... 1175
objections to, to be specified in de-
murrer or motion to quash....... 1176
venue need not be stated in body
...
1176
of ....
instrument, how described in, for
forging, stealing, &c.... ...1177, 1178
1178
for engraving, &c.......
money may be described in, how.. 1178
note may be described in, how..... 1178
Infants, witnesses capable of giving
...
recognizance for appearance, 116, 1164
change of venue for, how obtained, 1184
Injured Party, a competent witness, 1193
Imprisonment, in county jail to be
till sentence complied with and
all costs paid......
......
1200
may be inflicted in lieu of fine..... 1200
Inquisition of lunacy and pregnancy,
1199
when and how conducted...
Insanity of convict, how tried.. 1199
Insolvent Law, prisoner may take
benefit of, when....
Instructions, court may give, in writ-
ing.
Instrument may be described in in-
....
1200
1195
dictment by its name, &c., 1177, 1178
Interrogatories to be annexed to
...
1210
commission to take depositions, 1183
Jailer to receive and keep prisoner
being removed..
Judges of Supreme aud Circuit
Courts, conservators of the peace, 1157
indictment against, to be removed
to another circuit.
1183
INDEX.
1839
Practice in Criminal Cases.
Judgment, to be entered of record,
and how.
PAGE.
.1197, 1198
affirmed on appeal or writ of error,
proceedings
reversed, proceedings.
....
rendered for damages for property,
1205
1205
stolen or destroyed..........1208, 1209
proceedings to obtain such.......... 1209
Jurisdiction, if court has not, pro-
ceedings
1173
prosecution to proceed, where...... 1173
Jury, trial to be by....
1189
a
of part aliens not allowed..
peremptory challenge of, when,
Practice in Criminal Cases.
Misdemeanor, person disclosing fact
of indictment, guilty of...
PAGE.
1172
may be tried by the court, when.. 1189
Misnomer, proceedings in case of.... 1176
Money, description of, in indictment, 1178
what shall be sufficient proof of... 1178
Motion to Quash, to specify objec-
jections to indictment
Name, if party indicted by wrong,
proceedings.
New Trial, may be granted
1176
1176
1192
may be ordered by Supreme Court, 1205
Note, description of, in indictment... 1178
what shall be sufficient proof of... 1178
Not Guilty, what deemed plea of..... 1181
Notice to witnesses of change of ve-
1189
.1189, 1190
number of, to be summoned…………..
list of, to be delivered to defeud-
1190
nue, how given....
1187
ant.
1190
...
Offender, escaping into another
who shall not serve on
challenge of, for cause...
1190
county, proceedings
1161
1191
•
arrested, before whom to be taken,
law in civil cases, in relation to
..1161, 1162
empaneling, &c., applied to
criminal cases.......
1191
attempting to escape, pursuit to
be made....
1165
court not to charge, as to matter
of fact, unless..
1195
property of, bound for fine and
costs
1200, 1201
1165
1196, 1209
1196
1166
indictment.
.1176, 1177
to specify degree of conviction.... 1196
to assess value of property, when,
to assess punishment
assessing punishment higher or
lower than law allows, judgment
to be entered, how
assessment of punishment by, may
be reduced by court...
to inquire into existence of insani-
ty or pregnancy
discharged without prejudice...... 1173
Justices of County Courts, and jus-
tices of the peace, conservators
of the peace
Kill, person threatening to, in pre-
1197
1197
1199
1157
1176
sence of court or magistrate.... 1158
Larceny, counts. for, and embezzle-
ment, may be joined……………………..
Lien, on property of convict, for fine
and costs...
1200, 1201
of party injured, when, and for
what
Officer, penalty against, for failing to
pursue escaping offender
may force admittance...
Omissions, certain, not to invalidate
...
Order, for change of venue, how
made......
1184
for supersedeas, how obtained..... 1202
Owner of stolen property, how to
recover same..
..1206 to 1209
Pardon may be granted, with condi-
tions and restrictions.......1210, 1211
Party Injured, to have a lien.......... 1209
not deprived of civil action..... 1209
Penalty against clerk for neglect of
duty in cases of change of
venue.
Petition for change of venue, what
1187
to contain.
1184
Petit Larceny, first offence, name of
prosecutor to be endorsed on in-
dictment.
1170
Pregnancy, inquisition of....... 1199
found to exist, sentence of death
1209
Limitation, of prosecutions..
1211
time of, how computed.
1211
suspended.......
1199
Lunacy, inquisitions of....
1199
Principal, may be arrested
...
1179
Married Woman capable of giving
recognizance for appearance as
witness
Marshal, to execute sentences of
Supreme Court, when.
power of, in conveying convicts to
penitentiary.
fees of, for such services.....1203, 1204
Misdemeanor, officers failing to pur-
sue escaping offender, guilty of, 1165
grand jurors, when deemed guilty
of.
1169
KK 2— VOL. II.
may be surrendered, when and to
whom......
1179
1163, 1164
Prisoner, may be examined.....
1162
witnesses not to be present during
1203
the examination of......
1163
...
41
answers of, to be reduced to writ-
1203
ing and certified......
1163
discharge of, when
1163
admitted to bail, or committed..... 1164
to have copy of indictment.....
1181
counsel for, to be assigned...
where to be tried......
1181
·
1182
1840
INDEX
Practice in Criminal Cases.
Prisoner, entitled to process for wit-
PAGE. | Practice in Criminal Cases.
Recognizance, to keep the peace,
when....
ness....
1182
when to be present at trial, in per-
son
1191
PAGE.
1158
to be returned to circuit court..... 1158
person bound in, to appear at cir-
when, may be present by counsel, 1191
to be discharged in default of trial,
cuit court......
1159
forfeited, when…....
1159
when....
1194
deemed to be broken only by
to be taken to penitentiary
1198
commission of offence...
1159
by what route taken from one
to be prosecuted, when...
1159
county to another..
1209
....
escaping, reward may be offered;
to be certified to clerk of court.... 1164
magistrate may be compelled to
how paid.....
1210
return
1165
Process, to issue for person charged
with criminal offence.......1160, 1161
againt person indicted
....
for witnesses for prisoner..
Property, of offender bound for fine
and costs
1179
1182
..1200, 1201
stolen, how disposed of........ 1207, 1208
sale of, proceeds, how disposed of, 1208
found on vagrants or persons ac-
cused, to be applied, how......... 1207
stolen, to be restored by convicts,
1208, 1209
Prosecutor, to give recognizance..... 1163
name, &c., to be returned.
1166
name of, to be endorsed on indict-
ment....
1170
to pay costs, when
1171
Public Peace, who conservators of... 1157
security for keeping, may be re-
quired..
1158
complaint of intended breach of,
made, proceedings..........1157, 1158
security to keep, may be required
after conviction
Punishment, to be assessed by jury,
if not assessed by jury, when by
....
1197
1196
court
1196
jury finding higher or lower, than
law allows, court to give judg-
ment, how...
1197
assessment of, by jury, may be re-
duced by court...
1197
of death, warrant for, to issue 1198
suspended by insanity or preg-
....
taken by another court to be trans-
mitted to that in which offence
is to be tried.....
.1165, 1166
taken by officer out of court to be
filed with clerk of court.......... 1166
of persons committed for refusing
to testify before grand jury...... 1168
given after indictment to be re-
turned.........
1179
in cases of change of venue........ 1185
of witnesses upon continuance..... 1188
may be required after conviction.. 1197
1197
what deemed breach of……………………..
of bail, after supersedeas granted, 1203
taken in open court to be entered
on minutes of court, and read to
person giving...
1209
when, to be in writing and signed, 1209
copy of, authority for arresting
principal........
principal may be surrendered be-
fore judgment on...
.....
condition of, in case of misde-
meanor on appeal or writ of
error....
Reference of controversy between
1179
1179
1204
trustee of convict and creditor, 1214
Reprieve, when and by whom grant-
ed
.1198, 1199
Restitution, convict to make, of pro-
perty
1208, 1209
Reward for apprehension of convict,
when; amount of, how paid..... 1210
Robbery, indictment for, in county
to which goods are taken.... 1175
Sale, of stolen property, when……………….. 1208
proceeds of, how disposed of....... 1208
Search of persons arrested, when.... 1207
Search Warrant, when and by whom
issued, and how executed, 1206, 1207
Security to keep the peace, may be
nancy..
1199
when to be inflicted after cessation
of insanity or pregnancy..
time set for, elapsed, how warrant
for, renewed.
1199
1200
•
of death, to be by hanging.
1200
may be commuted by Governor in
case of insanity, when......
in case of pregnancy, when..1199, 1200
in case of misdemeanor, how
1199
required ....
1200
1158
may be required after conviction.. 1197
Sentence, transcript of, to be deli-
must be assessed separate for each
defendant
1196
Quashing of first indictment, when
two are found......
1172
Rape, evidence of…...
1193
Receiver of stolen goods, where, may
1198
vered to sheriff, when.......
to be executed by sheriff, when... 1198
reprieve of, when, by whom, 1198, 1199
suspended by insanity or preg-
nancy
when executed after cessation of
...
be indicted....
1172
insanity or pregnancy.....
1199
1199
INDEX.
1841
Practice in Criminal Cases.
Sentence of Death, to be executed by
....
PAGE.
1200
1203
hanging
Supreme Court may cause, to be
executed, when..
may be commuted in case of insa-
nity or pregnancy.. ......1199, 1200
Separate Trial may be had, where
there are several defendants..... 1193
Sheriff, shall accept principal......... 1180
to give receipt of acceptance..……….. 1180
Slave, change of venue for, how ob-
tained...
Stay of Execution of Judgment, how
1184
and when obtained; effect........ 1202
defendant may be bailed after..... 1203
St. Louis County, certain provisions
not to apply to…..
1188
Stolen Property, how kept by officer, 1207
owner of, proceedings by, to ob-
tain
may be sold, when.......
1208
1208
proceeds of, where to be paid...... 1208
Subpoena, for witnesses before grand
jury to issue....
....
Practice in Criminal Cases.
Trial, for offence punishable with
death or imprisonment for life,
may be at any time.......
of misdemeanors may be before
court, when………………….
Trustee, of person sentenced to peni-
tentiary, when and how ap-
pointed
PAGE.
1211
1189
1212
powers and duties of...... .1213, 1214
to deliver up effects on discharge
or death of convict.....
delivery and settlement by, may
be enforced………………..
compensation of...
1215
1215
1215
Vagrant may be searched, when…..... 1207.
Variance not ground for acquittal,
unless.....
Venue, change of, in indictment
against judge...
1175
1183
change of, generally, provisions
for
1183 to 1188
defendant removed as in cases of.. 1173
statutes relating to, to be enforced,
when....
1167, 1168
1174
1182
may be stated in margin of indict-
ment
1176
1195
1176
for witnesses for prisoner.
Summing up of evidence by court
not allowed......
Supersedeas, appeal or writ of error
...
not to be, unless ordered..... 1202
how obtained, proceedings.......... 1202
Suspension, of first indictment, where
there are two…………..
1172
of execution of sentence of death,
when and by whom.........1198, 1199
Tender of fees to witnesses not ne-
cessary
Transcript, in case of change of ve-
1182
nue
1186
of sentence to be delivered to she-
riff, when
1198
in case of appeal or writ of error,
..1204, 1205
of order to be given to marshal,
1203
....
when
Treason, in trials for, evidence to be
received only of overt acts
charged......
.1192, 1193
Trespass, name of prosecutor to be
endorsed on indictment for…………... 1170
Trial, to be had at first term, unless, 1181
to take place in county where in-
dictment is found, though de-
fence pleaded as occurring in
another.
need not be stated in body of in-
dictment
awarded as a matter of right...... 1188
but one change of, allowed to same
defendant.
1188
of changes of, in St. Louis county, 1188
Verdict, how rendered………….
may be set aside, how..
1191
1192
to specify degree of offence.……………….. 1196
to declare value of property, when, 1196
to declare punishment..
must specify punishment of each
defendant, when....
1196
.... 1196
1173
Vessel, offence committed on, where
indictable....
Warrant, for person charged with in-
tended breach of the peace, to
issue; proceedings..........1157, 1158
on complaint of criminal offence,
where executed...
1161
to whom to be returned; proceed-
ings after return.............1161, 1162
arrest of escaping offender with-
out..
1165
for person indicted, by whom is-
sued, where directed, how served, 1179
for punishment of death.
1198
1182
execution of, suspended by insani-
to be by jury.
1189
ty or pregnancy.
1199
persons indicted for felony to be
personally present at...
1191
when defendant may be present at,
by counsel...
1191
separate, by several defendants,
when
issued by Governor, after cessa-
tion of insanity or pregnancy,
may be under the hand of officer, 1209
to messenger after fugitive from
1199, 1200
1193
•
justice
1210
in default of, prisoner discharged,
when.......
issued by clerk.
1178
1194
Window, officer may break, to arrest, 1166
1842
INDEX.
>
Witnesses, to be examined on com-
plaint of intended breach of the
peace.
PAGE.
1157
1163
on charge of criminal offence...... 1160
not to be present during examina-
tion of prisoner....
for prisoner to be examiued... 1163
not examined, may be excluded
from place of examination, and
kept separate.......
evidence of, to be reduced to writ-
ing and signed…. …….
PAGE
Principal. in second degree of felony, 638
(See. chapters Asylum-Blind;
Asylum-Deaf and Dumb; Li-
mitations; Practice in Criminal
Cases, and Schools.)
Prison, breaking, or attempting to
break, punishment....
Prisoners
(See, chapters Crimes
and Punishments; Habeas Cor-
pus; Insolvents; Jails; Peni-
tentiary, and Practice in Crimi-
nal Cases.)
606
1163
...
1163
to give recognizance for their ap-
pearance
Private Acts, how proved........
723
1163
may be committed to prison
how summoned before graud jury,
1164
...
Private Person-(See, chapter Jus-
tices' Courts.)
.1167, 1168
1168
1182
66
69
1581
refusing to attend to testify, pro-
ceedings.
for prisoner, process for……..
liability of, for disobeying process, 1182
bound to attend without payment
or tender of fees
depositions of, may be taken, how,
1182
..1182, 1183
in cases of change of venue, to at-
tend at place to which case is
removed...
to give recoguizauce upon continu-
...
Private Roads-(See, chapter Roads
and Highways.)
Privileges, of electors.
of members of Legislature.....
of witnesses
Probate Court-(See, chapters Ad-
ministration; Court
Probate;
Guardians and Curators, and
Practice in Civil Cases)
Probate of Will, forging certificate
of........
......588, 589
when, where, and how made, 1569, 1570
Process, against attorneys at law..... 279
in favor of, and against, boatmen..
1187
299
ance
1188
against boats and vessels...
307
provisions of law in civil cases, to
against corporations...
376
obtain attendance of, extended
against counties......
503
to criminal cases..
1191
forms of, may be prescribed by Su-
injured party competent.
1193
preme Court
532
recognized where the court has not
forgery of....
593
jurisdiction..
1173
subject, to what-duties and penal-
ties.
1174
defendants may become, for the
officer refusing to execute......607,
how returnable, where terms of
courts are changed...........551,
in cases of dower.
608
552
674
State, when.....
1193
for co defendant, when.......
1193
PRACTICE IN SUPREME COURT — (See,
chapter Practice in Civil Cases.)
Prairies, setting fire to .... .....1584, 1585
Precincts-( (See, chapter Elections.)
Pregnant Women, administering me-
dicine to, to procure abortion,
567, 568
President― (See, chapters Agricul-
tural Societies; Corporations-
Mining, Mechanical; Corpora-
tions - Railroad;
Railroad; and State Uni-
versity.)
President and Vice-President, elect-
ors of, how chosen
•
714
85
Press, freedom of, guaranteed....32,
for counterfeiting, making, hav-
ing, &c......
......596, 597
Presumption of payment from lapse
of time..
(See, chapters Limitations, and
Practice in Civil Cases.)
1053
to obtain public records......1310, 1311
to run in the name of the "State
79, 1585
of Missouri"
signed by officer issuing, 79, 1585, 1586
certain, not to be executed on
1586
Sunday, or Fourth of July...... 1586
when alias, may issue......
(See, chapters Insurance Agencies;
Landlords and Tenants; Oaths
and Affirmations; Practice in
Civil Cases; Practice in Crimi-
nal Cases, and Telegraph Com-
panies.)
in forcible entry and detainer....
in case of fugitive from justice....
in cases of breaches of the peace,
Legislature may issue.
788
813
978
1037
of ad quod damnum.
1082
in cases of foreclosure of mort-
gage
1088
posse comitatus may be called to
aid in executing…....
1107
on information in nature of quo
warranto
1308
INDEX.
1843
Public Printer.
Proclamation, by whom made in
cases of riot..
Proclamation of President of United
States, admitting Missouri into
PAGE.
619
the Union...
101 to
103
Produce, severing, from the soil,
punishment for.
579
Profits (S e, chapter Crimes and
Punishments.
Promise(See, chapters Contracts
and Promises, and Limitations.)
Promissory Note, made on gaming
consideration, void.....
(See. chapters Bills of Exchange;
Bonds, Notes and Accounts;
Crimes and Punishments; Let-
ters of Attorney, and Practice
in Civil Cases.)
Property, term of, in criminal cases,
defined.....
execution..………….
819
646
754
what, liable to, and exempt from,
.738, 739, 740,
what, liable to, and exempt from,
taxation......
1822, 1823, 1324
(See, chapters Agricultural Socie-
ties; Asylum - Blind: Attach-
ment; Corporations — Mining,
Mechanical; Escheats; Guard-
iaus and Curators; Insolvents;
Justices' Courts; Practice in
Civil Cases, and Practice in
Criminal Cases)
Prosecutor
(See, chapter Practice
in Criminal Cases)
Protest, damages on....
Advertisements, &c., to be in brevier;
two hundred and eighty ems
deemed a square…....
PAGE.
1305
price, per square, for printing..... 1307
Contracts, this act not to affect ex-
isting
Job-work, for Legislature and Go-
1308
vernor, to be in small-pica type, 1305
Journals, time when, shall be printed,
&c
...1305, 1306
copy of, of each House to be fur-
nished Printer, when...... 1305, 1307
manner of binding..
1306, 1307
Laws and Journals, printing of, to be
superiutended by certain officers, 1304
shall be executed in small pica
type, &c........
head-notes and index of, to be in
brevier.....
manuer of binding...
1304
1304, 1305
1306, 1807
Prices for printing blanks and forms, 1305
for job-work for Legislature. ... 1505
for book printing....
}
for binding with strong paper
covers
1806
1306
...
1306, 1307
for binding laws, private acts and
journals
1307
for rule and figure work.
Pulic Printer, office of, established, 1303
to be elected by joint vote of Le-
gislature...
...
1303
shall give bond, and take oath..... 1303
bond of, payable, how; penalty
and condition.
to be elected at each session
1303
294
1304
what evidence of..
fees on....
by notary public..
A
298
vacancy of, how filled.
1804
...
774
what printing done by
1304
1102
time in which, must be furnished
(See, chapter Evid、nce.)
with copy of laws.....
1305
Provisions
(See, chapter Adminis-
tration)
- Railroad.)
Proxy (See, chapter Corporations
Prussic Acid, selling, without label,
Public Administrator...
at revision session, to print and
bind local and private acts only, 1306.
accounts of, for printing, how au
dited and paid....
1307
632
Public Printing, duties of commit-
175
tees on
1308
(See, chapter Administration; and
titl Administrators—Public.)
Public Building, burning of...
571
PUBLIC RECORDS, burning building in
which, are kept.
....
(See, chapter Counties-Removal
of Seats of Justice.)
stealing or embezzling..
(See, chapter Records- Public)
Public Documents-(See, chapter
Public Security, torgery of
Evidence.)
Public Moneys-(See, chapter Crimes
and Punishments.)
Public Notaries
Public Peace- (Se, chapter Prac-
tice in riminal cases.)
1
Publication (S e, chapters Dama-
ges; Insurance Agencies, and
Practice in C.vil Cases.)
PUBLIC PRINTER. - CHAPTER 129.
Public Worship, disturbance of..
Publishing, matter tending to excite
crime in slaves.
.1102, 1103
counterfeit money
contents of letter.
Pulaski County, limits defined
571
578
589
630
556
594
634
488
1302 to 1308
Punishment-See, chapter Prac-
tice in Criminal Cases.)
Puncheon, for counterfeiting ....596, 597
Purchasers, conveyance to defraud,
punishment of parties and pri-
vies to....
583
1844
INDEX.
Quo Warranto.
Purchasers, conveyances made to de-
fraud, void..
(See, chapters Administration ;
Fraudulent Conveyances; Gam-
ing; Landlords and Tenants; Li-
mitations; Mechanics' Liens;
Practice in Civil Cases; Reve-
nue, and Saline Lands.)
PAGE.
802
Putnam County, limits defined......... 466
QUALIFICATIONS of members of the Le-
gislature
of voters..
.....
of Governor and Lieutenant-Go-
vernor.
....
of judges
Rate-bills (See, chapter Schools.)
Rates of Taxation (See, chapter
Revenue.)
Ray County, limits defined.....
Real Estate, corporations may hold,
PAGE.
467
...369, 370
502
659,
660
668, 660
may be acquired by counties, for
county purposes.
descent of, regulated...
dower in, regulated.
action of ejectment for, regulated, 689
escheat of, when to take place..... 716
liable to execution.......
..736, 740
754
possession of, how recovered by
action of forcible entry and de-
65
67
when not liable.......
.72,
74
78
of public administrator.
176
tainer.
•
788
of clerks.....
336
what conveyances of, deemed
of constables
345,
346
fraudulent..
802
of justices of county court...
532
sale or lease of, when, may be
of jurors...
910
made by guardian of infant.....
826
of justices of the peace.
.920, 921
inclosures of, regulated.
854
of Register of Lands..
1318
sale of, by guardian of insane per-
of overseer of roads......
1374
son.
867
of inspectors of tobacco.
876
liens of judgments and decrees
Quashing, indictment, where another
...... .... ....
is found......
1172
upon
decrees concerning, to be recorded,
902
.....
writ of error, when...
1298
where....
907
Qui Tam Actions, plaintiff to give
security for costs in.....
when bound by mechanics' lien,
440
and to what extent..........
limitation of actions for recovery
1065
QUO WARRANTO. - CHAPTER 130.
of.........
1045
1308, 1309
Appearance and Answer, when, and
proceedings thereon
Defendant, found guilty or acquitted,
proceedings
1309
entry on, when to be made.......
mortgages of, how foreclosed
partition of, regulated.......
1045
1087
1110
1309
decayed corners of, how reëstab-
lished
1151
364
1552
upon
right of way over, how obtained.. 1562
wills devising, to be recorded in
1571
in
several rights may be included in
1309
shall be allowed time to plead...... 1309
Information, what shall be named
conveyances of, where recorded...
liable to taxation........ 1322, 1323
conveyance of, when operated by
plat of town
....1535, 1536
same
1309
penalties for certain trespasses
Quo Warranto, information in nature
of, to be exhibited
Relator shall be allowed convenient
1308
......
...
time to plead, &c........
1309
RACING HORSES, on Sunday
631
....
&c.......
on public roads.......
Raft of Wood, destroying, burning,
(See, chapter Salvage.)
Railroad (See, chapters Damages,
and Crimes and Punishments.)
Railroad Companies - (See, chapters
Corporations
635
584, 585
recorder's office.....
(See, chapters Administration;
Aliens; Attachment; Convey-
ances; Corporations-Railroad;
Court-Land; Crimes and Pun-
ishments; Executions; Guardi-
ans and Curators; Judgments;
Justices' Courts; Limitations;
Practice in Civil Cases, and
Revenue.)
Rebellion, raising, aiding in.…………………………
Receiver- (See, chapters Attach-
ment; Executions; Landlords
and Tenants, and Practice in
Civil Cases.)
Railroad; Tele-
graph Companies.)
Ralls County, limits defined…………….
467
fined
Randolph County, boundaries of, de-
Rape (See, chapters Crimes and
Punishments, and Practice in
Criminal Cases.)
467
Receivers of Land-offices
chapter Lands, State
Distribution.)
(See,
Sale,
556
INDEX.
1845
Records Public.
PAGE.
Receiving Stolen Property-(See,
chapter Crimes and Punish-
ments.)
Recognizance, of appeal in cases of
admeasurement of dower.......
in actions of ejectment.........693,
in actions of forcible entry and
detainer
...976, 801
in cases of persons having posses-
sion of slave suing for freedom..
in cases of fugitives from justice,
of prisoner on habeas corpus…………….
of witnesses examined at coroner's
inquest.......
680
694
811
815
Recorders' Offices.
Sheriff or Coroner, executing such,
may break open doors, &c., and
may arrest any person resisting,
executing such writ, &c.....
penalty on, for not executing such
writ...
PAGE.
1311
1311
RECORDERS' OFFICES. — CHAPTER
132
1312 to 1317
Index, of what instruments to be
kept.........
1315
843
what, shall contain
1315
860
general, to be kept to all books
and records.......
1315
in cases of breaches of peace, be-
fore justices of the peace...
by clock-pedlers dealing without
license..
978
of book containing officers' com-
missions to be kept...
1315
Instruments of Writing, certain, to
1130
on writ of error to Supreme Court, 1297
by master of slave, on slave being
delivered to him...
....
by witnesses for appearance to tes-
tify
(See, chapters Crimes and Punish-
ments; Practice in Civil Cases,
and Practice in Criminal Cases.)
Recorder of St. Louis County - (See,
chapter Recorders' Offices.)
Records, of courts to be kept.........
burning building in which, kept...
stealing or embezzling....
be recorded in separate books... 1314
list of, deposited for record to be
kept.......
1473
Patents, may be recorded.....
1580
copies of such, recorded, shall be
evidence
....
Recorder, office of, in each county
to be styled, &c.......
1314
1316
1316
1313
where office of, shall be kept....... 1313
duty of.........
1313
who shall, ex officio, hold the office, 1313
shall give bond, in what sum; con-
536
571
dition...
1313
578
bond of, where deposited
1313.
of notaries public......
1102
penalty for entering on duties with-
(See, chapters Courts - Judicial
out giving bond........
1313
what seal, shall use.........
1313.
Power; Evidence; Fees, and
Practice in Civil Cases.)
RECORDS-PUBLIC.-CHAPTER 131.
1310 to 1312
Allowance for transcribing records,
how paid..
1311, 1312
Citation, when and how, shall issue,
1310, 1311
obedience may be enforced to...... 1311
Office, when vacated, duty of Judge
of Supreme or Circuit Court,
.......1310, 1311
Officer, to deliver records and papers
1310
....... 1310
1310
to successor...
executor or administrator shall
deliver such records.
penalty on, for failing to make
such delivery...
liable for illegal detention, &c..... 1310
Public Records, private persons in
possession of, shall deliver them, 1311
failing to do so, how proceeded
against......
may be rebound.
1311
1311
1312
may be transcribed in new books, 1311
such transcript shall be evidence,
when
Sheriff or Coroner, writ may be di-
rected to.......... .........1310, 1311
....
...
county court shall settle with...... 1313
shall record, what........ ..1313, 1314.
shall record, in what manner…………….. 1314
shall certity on instrument, the
date of reception, &c.......1314, 1315
liability of, for neglect of duty.... 1315
penalty for neglect........
1316.
not bound to make a record with-
out fee paid or tendered..... 1316
fees of, for recording patents. .... 1316.
Recorder of St. Louis County, quali-
fications of; tenure of office..... 1316.
elected, when; to enter on duty,
when....
to give bond
....
1316
.1316, 1317
elections for, how conducted...... 1317
if a tie, new election; if contested,
how determined.......
1317
vacancy, how filled..
1317
powers, duties and compensation
of f.....
1317
601.
REFEREE, bribing or receiving bribe...
(See, chapter Practice in Civil
Cases.)
Reference (See chapters Arbitra-
tions and References; Practice
in Civil Cases, and Practice in.
Criminal Cases.)
1846
INDEX.
..1318, 1319
1318
Register of Lands.
Registers of Land-office- (See,
chapter Lands, State Sale,
Distribution.)
-
REGISTER OF LANDS.-CHAPTER
133...
Register of Lands, office of, esta-
blished....
qualifications of; by whom elected;
term of office.....
PAGE. | Representation. - Revenue.
Reports (See, chapters Arbitra-
tions and References; Corpora-
tions-Railroad; Court-Land;
Decisions of Supreme Court;
Evidence; Schools, and Trea-
sury Department.)
PAGE.
1318 REPRESENTATION.
CHAPTER 134.
.....1320, 1321
shall reside and keep office at Jef-
of the House of Representatives.. 1320
of the Senate...
1321
ferson City...
1318
time of electing Senators...
1321
shall give bond and take oath of
office
1318
senatorial districts, State divided.
into, how....
...1320, 1321
bond of, where filed..
1319
duty of, relative to books, &c..... 1319
shall report to the Legislature,
when and of what....
shall communicate information,
when and to whom.....
1319
1319
shall keep a seal of office, &c...... 1319
may appoint two clerks; their qua-
lifications
1319
liability of, for neglecting or refus-
ing to perform duty....
1319
for wilful neglect, subject to indict-
ment
1319
REPRESENTATIONS (See, chapter
Frauds and Perjuries.)
Representatives, in Congress, elec-
tion, qualification, &c., of.......
in Legislature....
(See, chapters Landlords and Te-
nants; Practice in Civil Cases.)
Reprieves, may be granted by Pre-
sident of United States.......27,
by Governor....
(See, chapter Practice in Criminal
Cases.)
20
65
8228
28
72
Rescue of offender......
604
REGISTER OF LANDS
(See chapters
Elections; Evidence; Revenue,
Residence (See, chapter Evidence.)
Resolution of Congress providing
and Schools.)
Registry, of marriages to be kept by
pers ns solemnizing..
1063
...
of colored apprentices bound by
county court………..
1094
of licenses granted to free negroes
and mulattoes.......
for admission of Missouri...
Restitution, writ of, in forcible entry
and detainer; form of.......
power of officer under writ of......
(See, chapter Practice in Criminal
Cases.)
99
791
801
1095, 1096
of lands sold for taxes.....
Release (See, chapters Insolvents,
and Practice in Civil Cases.)
1356
Return (See, chapters Justices'
Courts, and Practice in Civil
Cases.)
Religion, law respecting establish-
ment of, not to be passed.........
free exercise, and opinions con-
ceruing, guaranteed.....
32
REVENUE. CHAPTER 135....1322 to 1363
Abstract, of deeds, &c., to be made
by recorder, when....
1332
83
to be delivered to assessor.
1332
Religious Corporations not to be es-
receipt for, to be given..
1332
tablished.
83
Religious Meetings, disturbance of..
630
of tax-book, to be made out……………….. 1336
transmitted to Auditor....
1341
(see, chapter Negroes and Mulat-
toes)
Relinquishment of dower by married
....
.....361, 362
Remonstrance-(See, chapter Dram-`
Women
shops.)
Civil Cases.)
Removal (See, chapter Practice in
Rents and Profits may be recovered
in ejectment.………..
....692,
693
Renunciation
(See, chapters Ad-
ministration, and Dower.)
Reply-(See, chapter Practice in
Civil Cases.)
Reporter-(See, chapter Decisions
of Supreme Court.)
to be returned to county clerk..... 1332
Administrator of Collector, duties of, 1363
Advertisement of lands for sale, when
and where published....
Affirmation may be administered by
assessor, when......
1353
.1329, 1336
Annual Settlement, by collectors..... 1345
Appeals, from assessments, how de-
termined, 1335, 1336, 1337, 1348, 1352
court of, how constituted...
1335
shall be in writing, &c........... 1335
Army of the United States, persons
belonging to, exempt from tax-
ation.....
Asses, taxable...
1323, 1324
1322
Assessments to be made, rule for.... 1334
7
INDEX.
1847
Revenue.
Assessment, of omitted property,
when.....
....
PAGE.
1333, 1334
1334
copy of, to owner, when...
appeals from, how determined,
.1335, 1336, 1337, 1348, 1352
erroneous, may be corrected, 1333, 1336
1348, 1352
Assessor, to be elected.. ...1326, 1327
vacancy, how filled..
certificate of election, or appoint-
ment.
...
1328
.1327, 1328
to take oath; penalty for failing... 1328
to give bond.
....1328, 1329
to require written list of property
to be delivered, when.....
1329
list to be delivered under oath..... 1329
to be delivered of property in
other counties.......
1329
lands, how to be described in such
list..
1330
to send list to assessors of other
counties.......
1330
to pay postage; to be refunded.... 1330
to make supplemental tax-book,
when.......
1330
to make personal application, or
leave written notice......... 1330, 1331
to tax property double, when...... 1331
triple, when..
1331
to make list on his own view, when, 1331
to receipt for abstract.
1332
1332
....
failing to return abstract....
to make tax-book......
1333, 1334
to assess and value property....... 1334
may examine owners and others,
when.....
to deliver to owner, copy of assess-
ment....
1331
1334
to assess property omitted, when, 1334
to return copy of tax-book, 1334, 1335
to be verified by affidavit; form of, 1335
may administer oath........... 1329, 1336
may be removed from office...
1329
compensation of………………………………………..1332, 1336
account for compensation to be
Revenue.
Attachment, against officer to compel
settlement.
against collector to compel settle-
ment..
PAGE.
1344
1346
Auditor, to charge Treasurer with
amount of taxes paid.............. 1353
to draw warrant for certain fees.. 1356
to charge collector with whole
amount of taxes......
to charge treasurer with redemp-
tion money
1357
1359
to draw warrant for such moneys, 1359
duties of, in crediting collector go-
ing out of office and charging
successor.
1362, 1363
1333
to draw his warrant for half ex-
pense of plats.....
duty of, to allow certain credits to
collector..
1336, 1337
may require additional bond to be
given by collector...........1340, 1341
certificate of, evidence, when, 1341, 1342
duty of, in relation to refunding
taxes...
1358
to charge collector with taxes due
State after sale of lands...1356, 1357
Bank, revenue to be deposited in,
........1346, 1348, 1349
Bills of Exchange, of brokers and
exchange dealers, taxable, 1322, 1323
Books, &c., no tax imposed on sale of, 1324
Bond, of collector..
....1339, 1340
failing to give such, office vacated, 1339
additional, when required.
failing to give such, office vacated, 1339
to be executed in duplicate; where
filed......
1339
1339
1339
1348
one to be sent to Auditor....
to be given by special collector..
Bonds, of brokers, taxable......1322, 1323
not taxable, when......
1224, 1325
State and county, taxable, except, 1323
Breweries, taxable...
1323
Carriages, taxable......
1322
Cattle, taxable.....
1322
sworn to....
1336
Cemeteries, exempt.
1324
duties of, appointed.
1329
...
taxable, when...
1323
fees of new, how paid.
1329
Certificate, of purchase at tax-sale to
abstract of conveyances to be de-
be given..
1355
livered to....
1332
....
of redemption of lands to be
penalty on, for failing to return
granted
...1358, 1359
same
1332
Chapels, exempt…………….
1324
of St. Louis county, to be elected,
Chattels, to be seized and sold for
.1326, 1327
taxes..
1342
tenure of office of...............1326, 1327
Churches, exempt.…………..
1324
office of, kept where
1327
Clerks of Courts of Record, to keep
certain duties of......
1327
may appoint deputies.....
1327
all surveys made in St. Louis
in office of.....
1327
to give bond...
1328, 1329
county, to be filed and recorded
salary and compensation of......... 1336
penalty on, failing to transmit ab-
stract to Auditor..
an account of fines, &c., how... 1343
provisions applicable to..
Clerk of County Court, duty of, when
corrections of assessments are
ordered
1346
•
....1336, 1337
1341
LL VOL. II.
1848
INDEX.
PAGE.
Revenue.
Clerk of County Court, to preserve
list of lands filed by collector... 1356
copy to be sent by, to Register...... 1356
fee for same..
1356
duties of, after sale of lands....... 1356
Coaches, taxable..
1323
Collector, sheriff to be, ex officio.... 1338
to give bond as...
1339
not to enter on duty till given..... 1339
vacancy filled by Governor. ....... 1339
certificate of appointment to be
given to.....
bond, when additional, may be re-
quired of......
Revenue.
Collector, penalty on, failing to pay to
State Treasurer.
fees of, how paid.
....
to be charged with whole amount
of taxes, when.....
PAGE.
1356, 1357
.1357, 1361
1357
1362
1362
to pay over all moneys to his suc-
cessor
who shall pay same into State
treasury
duty of representatives on death of, 1363
successor to be charged, with what
sums
shall return delinquent lists to
Register
.... ....
1363
1352
to put up advertisement and slips, 1353
authority of, for selling lands...... 1354
his duty on payment of taxes, &c., 1354
to sell lands, when, where and how,
1340
1339
failing to give, office vacated.. 1339
of St. Louis county, how ap-
pointed…………..
1339, 1340
vacancy, how filled..
1340
of St. Louis county, to give bond;
failing, office vacated..
1340
to give additional bond, when re-
quired by Auditor..
..1354, 1355
to demand payment of amount bid,
when.......
1355
1340, 1341
to resell lands, when......
1355
failing, office vacated.
•
1340, 1341
.1340, 1341
to grant to purchaser a certificate
of sale of lands......
1355
1355
vacancy, supplied..
may appoint deputy, in writing... 1341
tax-book to be delivered to......... 1341
to seize and sell goods and chattels
for taxes..……………….
to collect costs of sale, and ten per
cent
1342
1342
....
receipt of, for taxes on lands, what
to specify.....
1343
to give duplicate receipts to officers, 1344
to settle for fines, &c., received
to file certified list where, when,
and with what remarks.....
to make settlement of tax-list...... 1345
attachment against, to compel set-
tlement....
...
1346
to pay over money collected, when,
&c...
compensation of…...
1346, 1348, 1349
...
lien of, upon property taxed, when
he pays the tax..
1347
..1347, 1348
collecting taxes illegally, penalty, 1349
to pay county tax into county trea-
from officers.
1344, 1345
to make and set up delinquent list, 1345
to give receipts for tax-book, and
be charged therewith.....
to be charged with balance on set-
tlement....
sury.
1350
1341
penalty for failure.....
1350
1344
to advertise and sell real estate.... 1353
to return account of sales..
1355
to collect same of officers, when...
to give receipts for amount col-
lected..
1344
to reserve lands from sale when
taxes have been paid.......
1358
1344
fees of, for sales of land...
1361
liable for amount of lists, when, 1345
of St. Louis county, to deposit
revenue in Bank..
1346
to pay over moneys to successor.. 1362
Commissions (See, Compensation.)
Compensation, of collector and of-
to send Auditor affidavit to fact of
ficers.
1347
deposit, &c......
1346
of assessors..
1336
penalty on, failing to deposit re-
1346
venue.....
1347
has a year to collect taxes in, 1347, 1348
amount of delinquent list refunded
to
....
.....
special, may be appointed in St.
Louis county..
....
certificate of appointment to be
given to such
such, shall give bond..
•
of collector deducted, when....
amount of, not affected, how, 1346, 1347
of clerk for copy of return of sales, 1356
of collector, on payment of taxes, 1357
Conveyances, abstract of, to be made
by recorder, and delivered to as
1348
1348
sessor.....
1332
of lands sold for taxes.
1360
1348
Corporations, property of, over cap-
1348
ital stock, taxable....
1323
list of owners of stock of, how ob-
tained
1331
penalty on officers of, for re-
fusing to give list of sharehold-
......1331, 1332
duties of such special.........1348, 1349
to reserve land from sale, when... 1358
to be charged with county and
State tax after sales of land..... 1356
to pay same to proper treasurer... 1356
ers..
INDEX.
1849
Revenue.
Corporations, stock of, when, to be
sold
PAGE. | Revenue.
1342
rights of purchasers thereof........ 1342
penalty against, for refusing to give
information of stock of...
1342
Costs of sale of goods and chattels
to be collected..
1342
County Court, to appoint assessor... 1328
to withhold compensation of as-
sessor.
1332
1329
to hear appeals from assessment,
.1335, 1336, 1337, 1348
may remove assessors..
to notify Governor of failure of
sheriff to give bond as collector, 1339
to examine bond of sheriff an-
nually.
1339
to cause collector to settle...1344, 1345
may levy county tax... 1349, 1350
Delinquent List to be returned to
Register and recorded.
PAGE.
1352
Deposit, in Bank of State of Missouri,
to be made by collector of St.
Louis county..………. 1346, 1348, 1349
Deputy Collector may be appointed,
how; notice of appointment to
be given......
Double Tax, when to be levied..
Exemption of property from tax-
1341
1331
ation......
...1323, 1324
Factories, taxable..
1323
....
False List, penalty for delivering to
assessor.
1331
1361
Fees, of officers and printers………...
of Register, to be paid where...... 1361
duties of certain officers in relation
to such..
of new assessor, how paid.....
1361
1329
of Register for deed, by whom paid, 1360
fees of collector and printer, how
Fines and Forfeitures, to be collected
1361
to allow half expense of plats..... 1333
to assess omitted property..... 1333
may correct assessed value of pro-
perty...
special term of, called, when....... 1345
may correct erroneous assessments,
.1336, 1337, 1348, 1352
Fraudulent List, penalty for deliver-
ing to assessor.
Free Male Persons, taxable....
Geldings, taxable.
to correct and certify delinquent
lists
1352
....
to render judgment against assess-
paid
or, when..
when........
1329
(See, Compensation.)
to obtain from land-offices certain
plats.........
1332
by sheriff.....
1343
to compare assessments with such
plats...
1332
to cause additional lists to be en-
tered on such plats……………………..
settlement of, when to be made.... 1343
received by other officers, how ac-
counted for..
1343
1333
...
1331,
1322
1322
1337
Gold Plate, taxable.
1322
Goods and Chattels, to be sold for
taxes
1342
Grave-yards, exempt..
1324.
Hacks, taxable....
1323
Horses, taxable...
1322
Hospitals, exempt.....
1324
Household Furniture, over, &c., tax-
1343
able....
1322
Judgment to be rendered on bond of
1343, 1344
first assessor
......
1329
Imprisonment of officer, to compel
...
1349, 1350
settlement.
1344
Improvements, taxable....
1322
1350
empt...
1322, 1323, 1324
....
1330
...
of St. Louis county may appoint
a special collector of, what taxes, 1348
Courts of Record, to settle with she-
riffs on account of fines, &c.,
received..
proceedings, when, make such set-
tlements...
County Tax, to be levied by county
court.
upon what, and to what amount... 1349
rate of, to be fixed......
to be paid into county treasury.... 1350
Court of Appeals, county court to b☛, 1335
when otherwise constituted.......
Deeds, for lands sold, when to be
1335
made; what, evidence of.......... 1360
made by Register to be recorded.. 1360
Demand to be made of taxes before
seizure and sale of goods......... 1342
Delinquent List, to be made and set
up, and returned to court......... 1345
to be delivered to successor of col-
lector......
1346
when to be credited to collector... 1345
when to be corrected by county
courts and certified to Register
of Lands…...….
1352
Lands, what taxable and what ex-
how to be described.
tax upon, receipt for, what, to
specify....
when, where, how and by whom,
1343
sold for taxes........ .1353 to 1357
when assessed by numbers………………….. 1333
when so sold and conveyed......... 1333
proceedings of minors to redeem..
1360
.1359, 1360, 1361
sold and unredeemed, to be con-
veyed to purchaser..
portions of, sold, how specified.... 1361
slips setting forth the, to be sold,
....
1353
to be sent out....
lists of, how arranged......... 1353, 1354
1850
INDEX.
Revenue.
PAGE.
Lands, lists of, to be sent to collect-
ors, when.......
1354
on which taxes are unpaid to be
sold, when, where and how, 1354, 1355
to be resold, when...
1355
1355
1358
1358
certified list of, to be filed after sale,
tax paid, reserved from sale...
may not be advertised, when....
redeemed, how and when...1358 to 1361
amount paid on, returned unsold,
where, when and how......1357, 1358
certificate of redemption of, to be
granted
.1358, 1359
Lien of collector for taxes paid by
him before collection.......1347, 1348
List, of taxable property, to be re-
quired and delivered under oath, 1329
of property in other counties to be
sent to assessor there..
transmitted by mail, who to pay
the postage........
Revenue.
Officers, to forfeit five per cent. per
month, when..
Omitted, property, how assessed,
PAGE.
1344
1333, 1334
1323
Paintings, taxable, when....
Payment of revenue, when and where
to be made....1346, 1348, 1349, 1350
Penalty, for not giving lists...
....
1331
1331
for giving false lists.
on officers of corporation.....1331, 1332
on assessors for not returning ab-
stracts
on collector failing to deposit reve-
nue.
1332
1347
•
1349
on collector for misdemeanor in
office...
on collector failing to pay taxes
collected on sales of land, 1356, 1357
on officers for certain violations... 1362
to be collected by sheriff.....
Personalty to be seized and sold for
1343
1342
1322
Plats, of taxable lands, to be made... 1327
to be for public inspection...... 1327
expense incurred in making, by
whom paid..
1330
...
1330
not received before return of tax-
taxes..
book, proceedings.....
1330
Plate, taxable...
false or fraudulent, penalty for de-
livering..
1331
of delinquents, to be set up.
1345
to be delivered to successor.
1346
1333
Lots of Ground, what taxable, and
what exempt..
1322 to 1324
...
how to be described.
1330
to be obtained from land-office..... 1332
what shall be annually entered on, 1333
Pleasure Carriage, taxable..
1322
Mares, taxable……………..
1322
Printers, fees of...
1361
Market-house, exempt..
1324
Property, what liable to, and what
Mills, taxable..
1323
exempt from, taxation...1322 to 1325
Minors, proceedings of, to redeem
Public Squares, exempt..
1324
lands
.1359, 1360, 1361
Purchaser at tax-sale, entitled to cer-
limitation of, right to redeem...... 1360
to establish right of redemption,
where and when....
tificate
1355
shall not cut or carry away timber,
1361
until..
1355
....
1323
deeds to be made to, when and
how....
1360
1327
....
to be divided between State and
county..
1333
one map for each county to be pro-
cured
1333
county court to compare tax-book
with....
1333
Manufactories, taxable....
Map, of taxable lands to be made out,
by whom
to be for public inspection.......... 1327
no tax to be imposed on sale of.... 1324
expenses incurred in making out,
to be a party, to what proceedings, 1361
Real Estate, notes or bonds taken on
1325
sale of, not taxable, when........
Quietus, when to be granted....1352, 1353
Rates of taxation.........1324, 1325, 1350
to be entered of record........ 1350
Receipt, by assessor, for tax-book... 1332
by collector, for tax-book...……………………. 1341
of collector, for taxes on lands;
what to specify....
1343
Merchandise, notes and bonds taken
for, not taxable, when..
1324
of collector, to officers, when.......
of succeeding, to preceding, col-
1344
Money, of brokers, taxable.....1322, 1323
lector
.1362, 1363
at interest………..
.1322, 1323
Mules, taxable.
1322
...
sessor..
Notes, held by brokers, taxable………….. 1323
not taxable, when..
Oaths may be administered by as-
.1329, 1336
1362
what such, to specify..
of collector to be transmitted to
Auditor..
....
1341
1323
Officers, to pay over amount due on
settlement.
may be attached and imprisoned,
to compel settlement..........
1344
...
to be deposited with clerk, when... 1344
1346
with Auditor, when..
to be given by collector on payment
of taxes.
disposition of, of collector going
out of office, and of successor,
...
1357
1344
.1362, 1363
INDEX.
1851
Settlement, may be compelled by at-
tachment.........
by collector, of fines, &c., received
from officers..
Revenue.
PAGE. | Revenue.
Record of settlement, copy of, to be
transmitted to Auditor......
Recorder to make out abstracts of
deeds, &c., when....
Redemption of delinquent lands,
how and when....
1358, 1359
Register of Lands, duties of...1332,
1333, 1352 to 1362
fees of..
..1360, 1361
shall refund taxes improperly paid, 1358
certain duties of.
..1332, 1333
1346
1332
to record delinquent lists...
1352
to grant quietus, when........1352, 1353
shall not receive taxes, or act as
agent for payment thereof, 1352, 1353
to report to Auditor, amount of
taxes paid......
PAGE.
1344
•
1344, 1345
1346
by collector, of tax-list, or attach-
ment to compel....
copy of record to be sent to Auditor, 1346
special collector to make.....1348, 1349
of collectors recorded..1343, 1344,
.....1345, 1346, 1350
Sheriff, to be ex officio collector...... 1338
of St. Louis county not to be col-
lector.....
1338
to give bond as collector.
1339
not to enter on office till bond given
as collector...
1339
1353
1339
...
1339
to advertise lands for sale, when... 1353
to send to collectors slips, setting
forth lands to be sold..
1353
to arrange lists of lands, how,1353, 1354
to send lists of lands to collector, 1354
may not advertise land, when...... 1358
shall certify, what fact to Auditor, 1358
to record return of sales......
to allow fees of clerk, for copy of
return of sales.
duty of, on application to redeem
lands....
.....1358, 1359
to grant certificates of redemp-
tion.....
.1358, 1359
1356
1356
to report an account of moneys
paid Treasurer, on redemption
of lands..
1359
to make and record deeds to
lands.....
1360
Registry of lands sold for taxes to
be kept......
1356
Removal of assessor from
from office,
when.....
1329
Revocation of appointment of depu-
ty collector, how made.
St. Louis County, collector appointed
for
1341
....
...
...
1339, 1340
to deposit revenue in bank.
1346
penalty for failure to deposit. 1347
Salary of assessor of St. Louis county, 1336
Sale, of goods and chattels for taxes, 1342
when made, costs of, and ten per
cent. to be collected
1342
not to be made till after demand.. 1342
of lands, advertisement of, when
and where.....
when and where to take place,
failing to give bond as collector,
office vacated.....
bond to be given in duplicate;
where deposited…....
to be examined by county court... 1339
when additional bond required..... 1339
Shot-towers, taxable......
Silver Plate, taxable.....
Statuary, taxable, when..
...
Steamboat, shares or interest in, tax-
able...
1323
1322
1323
1323
Stock, in banks, &c., taxable...1322, 1323
list of shares of, how obtained..... 1331
tax on, to be paid by company..... 1331.
Tanneries, taxable..
1323
Tax, to be levied, on what......1322, 1323
rates of.....
double, when to be levied..
triple, when..
.....
for county purposes, to be levied,
1324, 1325
1331
1331
..1349, 1350
1352
1354
on lands, may be paid into treasu-
ry, when....
paid to collector, when........
if paid, land reserved from sale... 1358
may be refunded, when and how... 1358
what property exempt.........1323, 1324
Tax-book, when to be delivered....... 1332
to be made out by assessor; con-
tents
1333, 1334
when copy of, to be returned, 1334, 1335
to remain in clerk's office for in-
spection, how long.
certified copy of, for use of col-
....
....
Toll-bridges, taxable..
Town-halls, exempt from taxation... 1324
Treasurer, to give collector duplicate
1335
lector, to be made out......1335, 1336
abstract of, to be made..………….
1336
1353
to be delivered to collector.
1341
1323
...
1353, 1354
return of, to be made........
School-house shall be exempt from
taxation.
1355
receipts.
1346
...
1324
Seizure of goods and chattels, for
taxes..
1342
...
Settlement, by court with officers, to
be made and entered of record,
.....1343, 1344, 1346
to receive bank certificates of de-
posit in payment of revenue.……….. 1346
to be charged with amount of tax-
es paid.......
with amount paid for redemption
of lands.....
1353
1359
1852
INDEX.
}
Road and Canal Fund. Roads, &c. PAGE.
Value of property, what to be........ 1334
Watches, watch-chains and seals,
taxable.....
REVIEW (See, chapter Practice in
Civil Cases.)
1322
72
1023
903
...
Revision of the Laws, to be made, when,
of 1855, publication, &c.......
Revival of judgments and decrees
(See, chapters Justices' Courts;
Practice in Civil Cases.)
Revocation, of submission to arbi-
tration, effect of..
198
....
of power of attorney, how made, 365
of appointment of deputy collector, 1341
of will, how made....
1567, 1568
(See, chapters Administration;
Dower, and Justices' Courts.)
Roads and Highways.
PAGE.
Commissioners, to report, what, &c.,
1373, 1374
1373
report to be recorded, &c....
judgment on, when conclusive...... 1374
shall assess damages, when......... 1371
other, appointed, when...
compensation of, how paid..
acts of majority, valid.
Costs, &c., by whom paid, 1371,
1372
1384
1384
1372, 1373, 1380
County Courts, power of, &c..
duties of, &c........
....
1369
1370 to 1373
1375
1374
to appoint justices, &c......
to appoint overseers, when.
clerks of, their duties, &c., 1370 to 1374
penalty on, for neglect of duty.... 1383
to lay schedule before grand jury,
&c...
1383
Reward, for escaped convicts.
1147
to taker up of runaway slave, 1483,
to cause lists of road hands to be
delivered to overseers..
1376
.1484, 1486
1511
to correct road-lists.....
1377
489
may vacate portions of State road,
when and how.
1384, 1385
1474
to lay off road districts...
1374
1369
to taker up of strays..
Reynolds County, limits defined…………..
Kiots, by slaves, how punished......
(See, chapter Crimes and Punish-
ments.)
Ripley County, limits defined…………………….
ROAD AND CANAL FUND.-CHAP-
TER 136..
489
1363 to 1366
Apportionment, to be made by Trea-
surer and Auditor....
1365
to be divided, how and when.... 1364
Counties may unite funds, when...... 1366
County Court, powers and duties
of ...
County Treasurer, no compensation
allowed...
1365, 1366
1366
....
Road and Canal Fund shall be man-
aged and accounted for, sepa-
rately, &c.
1364
State Treasurer, to draw funds, &c.. 1364
1365
may give checks, when.......
to keep accounts with each county, 1366
ROADS AND HIGHWAYS.-CHAPTER
County Roads, opened and repaired,
how
who has the power to open, &c.... 1369
width of......
1369
condition and clearing of, &c., 1369, 1370
bridge, worth of, &c....
1370
applications for opening, &c., 1370, 1371
notice of; proceedings, &c....1370, 1371
remedy of one injured thereby,
.1371, 1372
costs of, by whom paid, 1371, 1372, 1378
county courts to lay off, &c......... 1374
who shall work on...
1376
1382
penalty for not working on......... 1379
for obstructing, &c.....
established and opened, when,
....
when not established..
application for vacation and change
of..
1371, 1372, 1373
1373
1373, 1374
1373, 1374
notice to be given, where, when
and how....…….
Damages, assessed by commissioners, 1371
137...
1367 to 1394
ARTICLE I.—COUNTY ROADS.
Affidavit, commissioners to make,
by jury, when..
1372
how paid....
1372
1370, 1371
assessed for timber cut, &c., by
Applications, for roads, how made... 1370
Overseer.
1380
for opening private road.
1386
notice of, how, &c....
1370
to turn road, &c......
1373
proceedings on, &c...
1373, 1374
to vacate, how, &c.......
1373, 1874
Fees of county clerk, how paid...... 1379
Finger-board, to be put up..... 1381, 1382
compensation for erecting..
1382
proceedings on, &c......
1373, 1374
Fines and Penalties, under this act,
Bridges, when not to be built....
1370
1382, 1383
Circuit Court to charge grand jury
on this act...
1384
...
how recovered; where to go.
against minors, &c..
1383
...
1383
Commissioners, appointment; oath;
how applied by overseers; how
duties......
1370, 1371
settled
1383
duties and proceedings of, on turn-
ing road....
Grand Jury, schedule of overseers
1373
to be laid before.....
1383
INDEX.
1853
Roads and Highways.
Grand Jury, this act to be given in
special charge to.....
Hands, how called out; notice to,
PAGE. | Roads and Highways.
1384
1379, 1381
1379
delinquent list of, to whom given, 1380
penalty on..
suits against; costs.
...
entitled to credit for work, when,
1380
1380, 1385
how allotted...
to work on one road, except...... 1375
who shall work on roads.
qualifications of substitute for.....
1375, 1381
1376
1380
Judgment, conclusive, when..
1374
for double damages, when..
1384
for damages in opening private
road..
1386
Justices of Peace, to file allotment,
when and where...
1375
to be notified, when...
•
1375, 1381
duties......
1375, 1376
for neglect of, penalty……….
continuance in office......
appointment of, to allot hands;
1383
1375
to give list to overseer.....……. 1376, 1381
discretionary power given to, 1375, 1381
New Road, opening, districting and
repairing....
Obstruction of road, &c.; penalty
for.....
1381
Overseer, to give to hand certificate
of work done.....
PAGE.
1385
to call out and notify hands, how, 1379
privilege of, to enter on lands and
1380
take materials..
appointment of, of new road, &c., 1381
to keep finger-boards......... 1381, 1382
compensation therefor.
1382
neglect of duty, penalty on, for... 1382
not required to act more than one
year.
when exempted....
1374, 1382
1383
to sue for and apply fines....... 1383
lists of, &c., to be given to grand
jury
1383
Owners, summons to issue to, when, 1371
proceedings by, to obtain damages
for timber cut, &c........
to be notified of application for
private road...
1380
1386
to have judgment for damages as-
sessed for opening private road, 1386
Persons, injured or aggrieved, remedy
1376
of....... 1871, 1372, 1874, 1380, 1386
who shall work on roads.....
Petitions, &c-(See, Applications.)
Private Roads, how established,
1385, 1386
petition for, to state, what..... 1385
two or more may join in petition.. 1386
county court to appoint commis-
sioners to view and mark out... 1385
viewers to make oath..
for continuing...
1382
1382
Overseer, appointed; term of service
of...
1374, 1380, 1381
1385
deemed to have accepted appoint-
duties of....
1385
ment
1374
notice to be given to owners of
to take an oath.....
1376
land...
1386
to apply for hands...
1376
viewers to report………………….
1386
road-tax apportioned to......
1376
proceedings thereupon..
1386
lists of road hands to be delivered
if irregular, new view may be or-
to
1376
dered.....
1386
to charge owners with poll-tax of
owners of land objecting to amount
slaves
1377
to correct road-lists.
1377
of damages, proceedings...
to be repaired, by whom.
1386
1386
to collect tax, how..
1377
...
to expend moneys on road district, 1877
to keep accounts..
1378
to render to successor an account
of all moneys, &c.....
successor may sue former, when, 1379
to have judgment for double da-
mages, when..
1378
...
1384
to file, annually, with clerk, an
account of taxes, fines, &c.,
coming to his hands.....
1378
may be cited by county court,
when.....
Remonstrance......
Roads (See, County Roads; Pri-
vate Roads, and State Roads.)
Sheriff, duties of, under this act,
neglect of, penalty for..
Sign-board, injuring, penalty for..... 1382
Slaves, to be assessed, how....
1376
poll-tax of, to be charged to owners, 1377
State Roads...... 1384, 1385, 1388 to 1894
Summons, commands of; how served, 1372
Tax, Road, to be levied...
1372, 1374, 1386
..1370, 1375
1383
1376
1378
...
may enter adjacent lands for tim-
ber and material..
how apportioned and expended.... 1376
may be paid in labor..
1377
1380
overseer to collect....
1377
compensation of........
1379
what facts shall sustain an indict-
to be expended in repairing road, 1377
levied on lands of non-residents,
ment against..
1383, 1384
moneys due under former laws to
be paid to.......
1384
to be collected and distributed,
how.....
what shall be credited on............ 1380
1377, 1378
1854
INDEX.
ARTICLE II.-STATE ROADS.
Chain-carriers, appointment and du-
PAGE.
Roads and Highways.
Viewers, appointed, how; duties of,
1370, 1871, 1374, 1385, 1386
PAGE.
Salaries.
Jury, when summoned.......... 1390, 1393
Persons Aggrieved, remedy of........ 1390
when to pay costs, &c.....
jointly and severally liable, when, 1394
Roads, how marked out and opened,
1390
ties of......
1388
1388, 1391
Commissioners,
oath, and compensation of... 1388, 1391
appointment
must be sixty feet wide.
1391
of;
when to meet..
1388
new, how opened, &c.; on marsh
land, how wide.....
1391
failure to meet, duty of first.
1388
to be districted, &c.......
1391, 1392
to organize, how...
1388
county, declared to be cut as State
may appoint certain officers;
to
roads
1392
take oath..…….
1388
changed, how, &c......
1392
to proceed to survey, and duties of, 1388
right of way extinguished in old
make plat for the State...
1389
road...
1394
report, &c., to the Governor………….
1389
(See, State Roads, under article
take grants of rights of way.
1389
one.)
assess damages, when.
1390
Surveyors, appointed; to take oath, 1388
what to consider; report to whom, 1390
to survey route....
1389
to report to the several counties
in which lands lie....
note the courses, &c., of.
1389
1390
to make plat of route for each
their report may be objected to,
county...
1389
how
1390
compensation of……………..
1391
vacancy of, how filled.
1390
compensation of, how paid.
1391
duty of, in route to be changed.... 1392
Width of roads..........
1389, 1391
when appointed by county court,
duties of..
who shall not be...
1392, 1393
1392
|
in examining route, to be changed,
duties of....
1392, 1393
to report, and file papers, &c...... 1393
Counties, what, this act shall not ap-
ROADS - (See, chapter Corporations—
Road Associations.)
Robbery, assault with intent to com-
mit....
567
degrees and punishment of....574,
Roulette, setting up, keeping, &c.,
575
1394
626,
627
permitting, to be set up in house,
betting at...
627
627
620
ply to..
County Court, to order a jury, when, 1390
pay expenses of commissioners,
&c..
1391
open new State roads, when and
how
1391
....
cause road to be cut as State road,
when...
1392
Routs, definition; punishment, 618 to
Runaways (See, chapters Fugi-
tives from Justice, and Slaves.)
SABBATH-BREAKING
.630,
631
1392
1389
St. Charles County, limits defined....
St. Clair County, limits defined....... 491
St. François County, limits defined,
468
491, 492
493
494
appoint commissioners, &c......
to report to the Governor, what,
&c...
may order a review, &c., when.... 1392
how to proceed in such case........ 1392
to determine between routes, when, 1393
to order new road opened, when... 1393
to confirm new, and vacate old
route..
1393
expenses incurred under this act,
how paid by...
1393, 1394
courts and officers proceeding un-
der section twenty-nine of this
article, to be governed by first
article
•
Damages, assessment of, by whom
paid, &c..
Ste. Genevieve County, limits de-
fined....
St. Louis County, limits defined......
SALARIES.-CHAPTER 138... 1394 to 1396
Accounts, when presented to Audi-
tor....
...
1395, 1396
1395
to be drawn quarterly.
Clerks, compensation of certain...... 1395
Salaries, of Governor.
1391
1395
of judges of Supreme Court, 1395, 1396
of judges of circuit court, except, 1395
...
1390
....
of Secretary of State.
1395
Grant of Right of Way, effect of.... 1389
to be to the State.
of Treasurer of State..
1395
1390
of Auditor of Public Accounts.... 1395
ground, additional, not included
in, &c.....
of Attorney-General......
1395
1391
....
of each circuit attorney.
1395
original, when to be sent to Go-
of judges of St. Louis Court of
vernor.
1389
Common Pleas .......
....
1395, 1396
INDEX.
1855
Saline Lands.
PAGE.
PAGE. | Saltpetre Works.-Salvage.
Grand Jury, shall indict offenders... 1398
this act to be given in charge to... 1398
Judicial Officers may commit offend-
1395, 1396
Salaries, of St. Louis Criminal
Court....
of Commissioner of Seat of Ġo-
vernment
of judge of Circuit Court of St.
Louis county..………….
1395
1395, 1396
of judge of St. Louis Land Court,
•
of Register of Lands.....
1395, 1396
1395
to be paid, how and when... 1395, 1396
SALARIES (See,
(See, chapters Court
Common Pleas; Court-Land;
Penitentiary; Schools; State
Library, and State University.)
ers to jail......
1397, 1398
Patent, when and how to be issued.. 1397
Purchaser, money refunded to, when, 1398
shall execute deed of release....... 1398
if a company is, member may re-
ceive funds; proviso....... 1398, 1399
Reserved Lands, when twice sold,
money to be refunded, &c., how, 1398
Trespassing, penalty for, ou lands... 1897
SALTPETRE WORKS.
140.........
CHAPTER
1393
1399
1399
1399
1399
Sales, at auction, tax upon, regu-
lated..
Damages, how recovered
283
Owners, to enclose, &c....
of boats and vessels under order
of court
308
penalty on, for failing...
liable to party injured...
of lots, by county..
507
...
of property under legal process,
where terms of court
changed.
are
552
of escheated property, when.......
of property under execution, 734 to
of real estate, to defraud creditors,
void...
721
753
SALVAGE. -CHAPTER 141... 1400 to 1401
Boats, Rafts, &c., lost, may be taken
1400
up.
claim to, how proved………………….. 1400, 1401
proceedings as to....... 1400, 1401, 1402
Justices of the Peace, powers and
802
of personal property, when void..
not valid, without acceptance, or
earnest paid.....
803
duties......
.1402, 1403, 1404
Notice, to be given, when and how.. 1401
of sale, how given........
1402
.808,
809
Owner, damages may be recovered
of liquor by slave, prohibited......
of real estate of infants, when....
of liquor to Indians, prohibited....
of real estate of insane persons...
of lottery tickets, prohibited, 629,
of liquor, by merchant, forbidden, 1077
of mortgaged property, under ex-
ecution..
685
by..
1401
826
856
867
630
1090
of real estate, in partition.
1116
of liquor, by pedlers, forbidden... 1128
of land, for taxes……..
1354, 1355
of saline lands...
...
of lost or wrecked property.
of school lands.......
•
1396, 1397
1402
.1405, 1406
Penalty, for detaining, embezzling
or injuring property
against justice for secreting, &c., 1403
Sale, justice shall order, when...... 1402
judges of Supreme or Circuit
Courts may order, when.
Salvage, twenty per cent., when paid,
forfeited, when....
1401
of lumber, staves and shingles..... 1401
of logs, rails and wood......
1402
justice shall allow and pay over... 1402
twenty-five per cent., when al-
1403
1402
1400, 1401
of runaway slaves, when...
of strays, before title vested in
taker up, forbidden......
of town lots, before plat recorded,
forbidden....
1473
lowed......
1404
1511
Sheriff, shall pay salvage, after sale;
retain balance of money until,
&c.....
1403
1536
(See, chapters Administration;
Attachment; Boats and Vessels;
Court-Land; Crimes and Pun-
ishments; Dower; Guardians
and Curators; Justices' Courts;
Mortgages; Practice in Civil
Cases; Practice in Criminal
Cases, and Schools.)
Saline County, limits defined....489, 490
SALINE LANDS.-CHAPTER 139,
1396 to 1399
Certificates, Treasurer shall give,
when...
LL 2— VOL. II.
1397
SAW-MILL, burning of..
Scaling coin, forgery..
Schedule (See, chapters Attach-
-
ment, and Insolvents.)
School-(See, chapter Negroes and
Mulattoes.)
School Directors-(See, chapter
Schools.)
School Districts-(See, chapter
Schools.)
to pay balance into county trea-
sury, when......
1403
liability of......
1403
compensation of.....
1403
571, 572
596
1856
INDEX.
School Lands.
PAGE.
Schools.
School Fund established........... 79, 80
(See, chapters Lands-Swamp and
Overflowed; Schools.)
School-house, burning of........
SCHOOL LANDS. CHAPTER 142,
571
1404 to 1412
Abstract of lands sold, to be fur-
nished to Register...........1406, 1407
Assignee entitled to patent..... 1412
Attorney-General and Circuit Attor-
neys shall prosecute suits for
recovery of moneys, when....... 1412
Bond and Security, when given for
purchase-money...
Bond, shall bear interest...
1406
1406
additional security, when given... 1407
Certificate, when and by whom given, 1406
shall entitle purchaser to patent.. 1406
may be assigned, how……………..
Clerk, Sheriff and Treasurer, com-
pensation of……………..
1412
1407
County Court, shall make abstract
of lands sold…………..
1406
1408
may sell lands on petition of less
than fifteen inhabitants.....
shall make an order of lease, when, 1408
duty of, upon breach by lessee.... 1409
shall order sale annulled, when,
•
1409, 1410
Fines, &c., paid into county trea-
sury..
Rents, duplicate receipts for, when
given
Sheriff, compensation of.......
PAGE.
1409
1407
selected lands sold by, how……………..
...... 1411
may bid in school land, when...... 1412
shall take bond, &c., when...
Sixteenth Sections, in what manner,
and by whom, sold...
..... •
shall be sold on petition of major-
ity of householders.
minimum price of.......
may be offered for sale once a
year, when.………….
1411
1405
1405
1406
1406
may be sold in forty-acre lots, how, 1406
may be sold in lots of less size
than forty acres, when........... 1406
may be leased, when.....
1408
in lieu of, how, and in what man-
ner, other lands may be selected, 1410
Trespassers, what fine shall be im-
posed.
in what manner arrested......
shall be recognized to appear at
court...
1411
1411
1411
may be committed to jail, when... 1411
Waste, punishment for....
SCHOOL MONEYS (See, chapter
Schools.)
School-tax-(See, chapter Schools.)
School-year-(See, chapter Schools.)
1411
1412
1410
SCHOOLS. CHAPTER 143.....1413 to 1450
Action for principal and interest on
bonds, when tried.......
1424
Acts, certain special, continued in
force......
1450
Appeals, allowed from action of trus-
1411
tees
1440
from directors...
.1448, 1449
neys, when and to whom paid... 1417
how, and by whom made.....
1420
to be certified to Auditor....
notice of, to be given to county
1420
clerk.......
1420
Governor, to appoint person to make
selection of land, when.........
such person shall certify as to se-
lections of land, when and how,
.....1410, 1411
shall cause Secretary of State to
certify, and to whom....
Judges of Circuit Court shall give
part of this act in charge to
grand jury.
1411, 1412
Lease, stipulations of.......... 1408, 1409
to be approved before taking effect, 1409
Lessee, obligations and duty of, 1408, 1409
Notice, of intended petition, how
given...
1408
of sale shall be given, how......... 1405
of sixty days shall be given, when, 1405
to quit, given to lessee, how.... 1409
Patent, to issue, when, and by whom,
1407, 1412
shall be recorded, how.………….
shall be forwarded to county court
for delivery.
1407
1407
purchaser entitled to, when....
1407
Purchase-money, may be paid at time
of sale, &c.....
1407
court shall proceed to collect, when, 1407
to be refunded, without interest,
when
1410
Rents, upon leased school lands,
when paid......
1409
Apportionment, of State school mo-
of State school money to each
county, to be apportioned among
townships, how, and by whom.. 1420
of county school moneys, to be
made, when.......
statement of such, to be certified,
•
1428
1428
1430
to whom......
of State school moneys, to be ap-
plied for, when, and by whom.. 1428
of what school moneys to be made
by commissioner.
Auditor, powers and duties of, 1414,
1415, 1416, 1417, 1418
certificates of investment of funds
to be taken in name of…………...
dividends to be reported to......... 1417
apportionment to be certified to... 1420
....
1416
INDEX.
1857
Common School Fund, certificates of
Schools.
Bonds, loans of township funds to
be on
PAGE.
Schools.
1423
for such loans, regulated.....1423, 1424
payment of, enforced, when and
how
investment of, how taken
held by the State, how....
PAGE.
1416
1416
Constable, what, to collect tax levied, 1439
....
to levy and sell, when.
duty of, in the collection of rate-
bills....
1439
.....1440, 1441, 1447
liability of, for failing to execute
(See, Towns and Villages.)
1424
action on, when tried.
1425
money due on, how and where re-
coverable
1425
Census of children to be taken, 1431, 1437
Certificates of teachers granted,
.....1430, 1431, 1440
fee for each certificate.....
1431
Cities, declared not to be a part of
school townships, when..
1421
to have share of funds....
1421
Clerk of County Court, duties of,
..1425, 1426, 1428
may be appointed commissioner
of common schools; duties of... 1429
when so appointed, compensation
of, and how paid........
Commissioner of Common Schools,
to apportion State school mo-
ney of county among townships,
how......
1429
1420
when among towns and districts.. 1420
to withhold funds from unorgan-
ized townships, &c., until........ 1420
to distribute same, when and how, 1420
may attach fractional, to adjoining,
townships, when.....
statement of annual apportion-
ment of county school moneys
to be made to………..
1421
or return rate-bill....
1441
suits instituted against, how....... 1441
Counties, apportionment of State
school moneys to be made to,
when, how, and by whom........ 1420
County Commissioner of Common
Schools (See Commissioner of
Common Schools.)
....
County Courts, powers and duties of,
1421, 1422, 1423, 1426
shall loan township funds, how,
when and to whom.
.1422, 1423
to secure such loans, how....1423, 1424
may require additional security or
payment.
1424
.1424, 1425
may issue warrant for interest on
loans.
may render judgment, when, and
for what....
...
1425
may order mortgaged premises to
be sold, when.
1425, 1426
to transfer moneys, bonds, &c..... 1427
to make apportionment of county
school moneys, when and how... 1428
to pay rate bills, when.........1440, 1441
County School Moneys, fines, &c., to
be accounted for as......... .1420, 1421
to be applied, how...... ..1420, 1421
duties of county court, clerk and
treasurer, in relation to....1426, 1427
to be apportioned, when, how and
by whom....
1428
to be notified of receipt of appor-
tionment of State school money,
when
1428
appointment of; tenure of office;
vacancies filled...
1429
clerk of county court may be ap-
pointed; his duties.....
1429
1428
to be apportioned by commissioner,
among whom
County Treasurers, apportionments
of State school moneys, when
and how paid to...
1430
salary of...
to take oath and give bond...1429, 1430
powers and duties of...1430, 1431,
1432, 1433
1432
duty of, when township is divided, 1434
when parts of different townships,
&c., desire to form one district,
1434, 1435
....
1440
appeals allowed to, from action of
trustees
report to be made to, when......... 1448
certain special acts in relation to
election of, continued in force.. 1450
Commissioners of School Fund, who
are.......
1417
duties of.........1424, 1425, 1426, 1427
penalty on, for failure of duty..... 1427
statement of apportionment of
county school money to be cer-
tified to.....
1428
shall apply for apportionment of
State school moneys, when
to notify commissioner of receipt
of same, when....
1428
1428
1416
Debts due any school fund to have
priority, when…………………….
1440
1416
Districts, State school moneys to be
apportioned to, when...
1420
to be numbered...
1431
to invest moneys of fund, when,
and how
Common School Fund, to consist of, 1414
to be a permanent.
1414
how denominated and distributed, 1414
who are commissioners of........... 1416
moneys of, when and how invested, 1416
now established, to remain so until, 1432
how townships may be laid off into, 1433
how changed..
1434
1858
INDEX.
Schools.
Districts, inhabitants of, where and
when to meet....
PAGE. Schools.
Liabilities, constable to levy on goods,
1434
1434
powers of meetings of
inhabitants in different townships,
&c., desiring to form one dis-
trict, proceedings............ 1434, 1435
such district deemed organized,
PAGE.
&c., of person refusing to pay, 1439
Loans, of funds to be made.....1422, 1423
rate of interest on, regulated, 1422 1423
how secured..
1423
to whom made..
1423
who may be security for.
1423
when......
1435
duration of, limited..
1423
such organization not to affect, al-
ready organized, unless.
payment of, enforced, when and
1435
how...
1424
trustees of, when elected....
1435
additional security may be re-
apportionment of township school
quired....
1424
moneys to, made up from differ-
ent townships…………..
.....1439, 1440
Dividends, to be reported to Auditor, 1417
to be paid to Treasurer..
accounts of, to be kept by Auditor,
principal and interest of, where
paid....
1424
1417
how and where recoverable.....
expenses of, to be paid by bor-
1425
rower.
1428
1415, 1416
English Language to be taught in
common schools...
Election, of Superintendent, when,
of moneys of towns and villages,
limited and regulated.....
1447
1441
Meeting, township, how called to
organize.....
1433
1415, 1416
of trustees
1435
powers of voters, when assembled in, 1433
of school directors, when and
judges of, for directors, how ap-
where....
1443
pointed......
1444
Mortgage, to be taken to secure loans
notice of, how given.....
1444
of township funds........... .1423, 1424
electors may appoint judges of,
how conditioned..
1424
when...
1444
may be foreclosed, how..
1424
clerk of, appointed.
1444, 1445
effect of sales under....
1424
to be, by ballot......
1445
ties in, how determined.....
1445
may be foreclosed by county court,
how....
1425, 1426
1439
failure in, another day appointed, 1445
Rate-bills, and Warrant.)
Organized Districts (See, Dis-
tricts.)
Organized Towns
Executions (See, Fieri Facias;
(See, Towns.)
Expenses of loans to be paid by bor-
rower.
1428
President of board of trustees, to de-
1425
Fieri facias, warrant issued, &c., to
have effect of......
copy of order of court to sell mort-
gaged property, to have effect of,
.1425, 1426
Fines, &c., to be accounted for as
county school moneys......1420, 1421
to be applied, how...
1420, 1421
...
Fractional Townships may be at-
tached, when and to what........ 1421
Fuel, patrons of school to furnish... 1439
failing, proceedings.
Indigent persons exempted from
teachers' wages, rate-bills, &c.,
Organized Townships-(See, Town-
ships.)
liver money, &c., to successor, 1436
Principal (See, Loans.)
Rate-bills, duty of constable in rela-
tion to...
may be paid out of county trea-
sury, when......
indigent persons may be exempted
..1440, 1441
1441
trustees to issue....
1437
from.
...
1437, 1446
Register of Lands, duties of..
1414
Report, school directors to make………….. 1448
shall contain, what..
1448
duty of commissioner, when not
..1437, 1446
made.......
1448
....
Interest (See, Loans.)
Salary of Superintendent..
1418
►
Judgment, for principal and interest
on loans, when rendered....
1425
Sales and leases of real estate, limit-
ed and regulated....
1447
Lands, register of, to be kept.....
1414
School Directors, corporate powers of
abstract of sales of, to be entered, 1414
of delinquent, liable for rate-bill,
towns and villages, vested in....
1443
number of, regulated....
1443
when..
1441
how appointed and chosen..
1443
commissioner to sue for titles to,
and for trespass, &c., on.......
certain grants of, declared a school
fund....
sales and leases of, regulated....... 1447
time and place of meeting of……………..
1443
1431
term of office of......
1443
qualification of………..
1444
...
.1442, 1443
may appoint, what officers..
1444
to take an oath…………….
1444
INDEX.
1859
Schools.
PAGE.
School Directors, vacancy, how filled, 1444
to appoint judges of elections for, 1444
to determine ties in elections of... 1445
powers and duties of...1445, 1446,
Schools.
Superintendent of Common Schools,
salary of.........
to apportion school moneys, when
and how......
PAGE.
1418
1420
.1447, 1448
shall not purchase property.
1447
....
to certify apportionment to Au-
ditor...
1420
to issue rate-bills...
1446
to have powers of trustees..........
1448
to give notice of apportionment, to
whom and how....
1420
to make annual report………….
1448
certain trustees to pay over money,
deliver bonds, &c., to......
Teachers, wages of, to be paid out of,
what funds....
1438
1449
shall produce certificate..
1438
1438, 1439
commissioners to examine, and
School Districts (See, Districts.)
School Funds, how applied............ 1438
debts due, to have priority, when, 1440
(See, State School Moneys; County
School Moneys; Townships;
Township School Funds; Towns,
and Districts.)
School Moneys-(See, State School
Moneys; County School Moneys;
Townships; Township School
Funds; Towns, and Districts.)
School Register, to be kept by teacher, 1438
to be deposited, with whom..1438, 1439
School Tax, how and by whom levied, 1436
School Year, when to commence...... 1438
Sheriff, duties of..........1424, 1425, 1426
State School Moneys, apportionment
of, how and to whom paid........ 1417
balance of, retained in treasury,
when.....
1417
such balance, how disposed of..... 1417
amount of revenue set apart for... 1420
to be apportioned to counties,
when, how and by whom..... .... 1420
to townships, how and by whom... 1420
to towns and districts, when and
by whom.....
to be apportioned by commission-
er, how..
State Superintendent of Common
Schools (See, Superintendent
of Common Schools.)
1420
1430
duties of...…….
grant them certificates.....1430, 1431
trustees shall, when..........
employed by trustees.........…………….
by directors...
qualifications of…………………..
Towns, apportionment of State school
1440
1436
1446
1447
moneys to be made to............. 1420
to form school townships, when... 1421
to be entitled to shares of school
moneys....
limits of, declared...
(See, Towns and Villages.)
Towns and Villages, certain grants
1421
1421
to, declared a school fund, 1442, 1443
inhabitants of, may be incorpo-
rated, and how....
corporate powers of...
(See, School Directors.)
Township School Fund - (See, Town-
ships; Loans; Bonds; Mort-
gages.)
Townships, apportionment of State
school moneys to each county,
1443
1443
to be apportioned among the.... 1420
fund of unorganized, to be loaned,
&c., until...
1420
to be distributed, how and when... 1420
what shall form school......... 1421
•
what towns and villages declared.. 1421
fractional, may be attached to ad-
joining, when.....
of...........
State Treasurer, powers and duties
.....1415, 1416, 1417
•
1421, 1422
St. Ferdinand, inhabitants of, may
be incorporated......
subject to jurisdiction of, what
county court...
1421, 1422
1449
funds of, to be transferred, when,
shall acquire what rights....
St. Louis Public Schools, may be
vested with powers, &c., how... 1449
how may certain sections of this
act be made to apply to...
Superintendent of Conimon Schools,
office of, established......
qualifications of; where to reside
and keep his office.......
elected, when; tenure of office;
to enter on duty, when.....1415, 1416
election of, shall be governed by
what law..
1416
1416
1449
1421, 1422, 1427
to be numbered
1422
what moneys shall constitute school
fund of..
1422
1449
1415
.......
until, are organized, interest, rents,
fines, &c., to be added to prin-
cipal ..
1422
who shall manage funds of, and
1415
1417, 1418
....
to take oath and give bond..
duties of......
moneys expended, allowed to...... 1418
how
funds of, to be loaned...... 1422, 1423
how, and to whom.....1422, 1423, 1424
how and where recoverable....... 1425
duties of county court, clerk and
treasurer, in relation to funds
of.......
......1426, 1427
(See, Bonds; Loans; Mortgages.)
1422
....
1860
INDEX.
Schools.
Townships, when organized, inter-
est, rents, fines, &c., to be set
apart for same
PAGE. | Secretary of State.
Scire Facias, on information filed,
1428
how organized………..
1433
meetings of organized, may be
called, when....
1434
inhabitants of different, &c., de-
siring to form one district, pro-
ceedings..
1434, 1435
PAGE.
concerning escheats.......... 718, 719
to revive lien of judgments......... 903
upon judgments on penal bonds... 1133
(See, chapters Administration;
County Treasuries, and Prac-
tice in Civil Cases.)
Scotland County, limits defined...
468.
490
352
school moneys of, how apportioned
among districts made up from
different townships..........1439, 1440
moneys of, apportioned by com-
missioner, how..
1430
Treasurer (See, County Treasurer,
State Treasurer, and Treasurer
of School Corporations.)
Treasurer of School Corporation to
give bond.....
Trustees, special election of..
duties of such.....
regular election of………..
to take oath; to be filed.
...
1447
1435
1435
1435
1436
1438
corporate powers of board of...... 1436
powers and duties of..........1436, 1437
to give bond; condition.
shall apply school funds, how...... 1438
to furnish fuel, &c., when...... 1439
to collect same, and costs, of whom, 1439
to grant certificates to teachers,
when..
1440
appeals allowed from action of.... 1440
to report to county court real es-
tate of delinquent person, when,
....1440, 1441
commissioner to draw warrant in
Scott County, limits defined...
Scrawl equivalent to a seal....
Scrip-(See, chapter Jurors.)
Seal, common, corporations to have,
369,
370
courts to procure and keep..
notaries public to keep......
Register of Lands to keep.
536
1103
...... 1319
1451
1498
of State, to be used by Secretary
of State..
State University to have......
incorporated towns may have...... 1524
Treasurer and Auditor to keep.... 1539
for weights and measures...
(See, chapter Crimes and Punish-
ments.)
Search Warrant-(See, chapter Prac-
tice in Criminal Cases.)
Seat of Government, commissioner
of
·
Seat of Justice, how located.....514,
how removed.
..516,
Second Offence, punishment of....
Second Trial for same offence, when,
1564
3393
342, 343
515
517
639
and when not to be had......641, 642
Secretary of State, office established,
.75,
95
liable to impeachment.
70
....
favor of president of, when...... 1430
duty of, of St. Ferdinand.....
1449
penalty on such, when..
1449
TER 144.
1450 to 1453
Unorganized Districts-(See, Dis-
tricts.)
Unorganized Townships-(See, Town-
ships.)
livered...
1421
1451
1452
....
1421
1421
Villages, to form school townships,
when......
limits of, declared.....
to have share of funds...
(See, Towns and Villages.)
Voters, qualifications of.........1433, 1444
powers of, when assembled in town-
ship meeting.
1433
penalty on, for giving illegal votes, 1444
Wages of teachers, funds to be ap-
plied to payment of……….....
1438
who may not pay for....... 1437, 1446
Warrant, to issue for interest on
....
SECRETARY OF STATE. CHAP-
Bond, how given; condition....1450, 1451
Clerk, appointment; qualifications.. 1451
Commissions, to be made out and de-
register and abstract of, shall be
kept.........
Contingent Expenses, how paid, 1451, 1452
shall be settled quarterly.
Office, where to be kept.......
1453
1451
who shall have access to.........
Original Rolls, Papers, &c., not to
1451
be taken out of office, unless, &c., 1451
Postage on official letters and docu-
ments, how paid…………..
Rolls, Documents, Resolutions, &c.,
how kept.....
1451
1451
....
1425
copies of, may be made out, 1451, 1452
copies of, shall be evidence..1451, 1452
Seal, to be kept by Secretary
1451
to be affixed to executive acts,
when..
1451
Secretary of State, shall report to
Governor.....
1451
loans....
may be executed, how, 1425, 1440, 1441
to issue in favor of president of
1430
trustees, when.......
Year, school, when to commence...... 1438
SCHUYLER COUNTY, limits defined....... 468
shall countersign commissions…..... 1451
INDEX.
1861
Securities.
PAGE.
Secretary of State, in case of ab-
sence, &c., Secretary pro tem.
to be appointed......
1452
duty and compensation of Secre-
tary pro tem.
Seminary Lands. ·Senators.-Set-off. PAGE.
Seed Horses, not to run at large....... 849
Selling, counterfeit money.
offices and deputations....
poison without label.
593
....
613
632
1452
may appoint a clerk.......
1451
Seminary Fund—(See, chapter State
University.)
shall procure stationery for Gene-
ral Assembly.....
1452
SEMINARY LANDS.
CHAPTER 146, 1459
shall make report of expenses, and
to whom, when......
1452
.....
shall keep account of contingent
expenses
1453
1459
penalty upon, for neglect of duty,
taking illegal fees, &c........
1453
SECURITIES.-CHAPTER 145, 1453 to 1458
Bond, and security, new, required,
when....
79
1457
how taken and filed.
1457
when taken and filed, former dis-
charged.....
1458
21
66
new, in certain cases, when given,
former sureties discharged....... 1457
Limitation of motion for judgment,
&c..........
1456
Notice, to commence suit, by security, 1454
how served
1455
....
in case of petition by security on
bond of officer....
1456, 1457
Petition, shall set forth, what...... 1456
copy of, personally served, on
whom..
.1456, 1457
Publication of notice and petition.... 1457
Securities, may require suit brought, 1454
may be relieved by petition........ 1456
remedy of, who pay money for of-
...
ficers
1457
when to be residents of the county, 1458
Security, when exonerated
1455
.....
who not liable to suit at request of
securities
1455
money paid by, to be refunded by
principal..
1455
may have remedy against princi-
pal by suit....
1455, 1456
may recover the excess, when, has
paid more than his proportion, 1456
can have judgment against princi-
pal debtor, on motion, when..... 1456
additional, when officer required
to give.....
1458
what officers shall not be taken as, 1458
Vacancy in office, how caused......... 1457
how supplied..………….
1457
SECURITIES (See, chapters Adminis-
tration; Crimes and Punish-
ments, and Practice in Criminal
Cases.)
Security for Costs, when required in
Commissioner, office of, abolished in
Cape Girardeau land district.... 1459
to make return to Treasurer, of
books, papers, &c., when......
shall make final settlement.....
Seminary_Lands, subject to entry
1459
with Treasurer of State, when... 1459
SEMINARY LANDS, how appropriated....
Senate, of United States, constitu-
tion, election and classification
of........
....
of State, constitution, election and
classification of.
Senators of State, apportionment of, 1321
(See, chapter Elections.)
CHAPTER 147.................1460, 1461
SENATORS, UNITED STATES.
Credentials, Governor shall cause, to
be made out.
1460
form of..
...
1460
1461
1460
form of, for temporary appoint-
ment.....
Election, how held...
by whom certified to Governor..... 1461
United States Senator, what vote
shall be necessary to elect....... 1460
SENTENCE (See, chapters Court-
Criminal; and Crimes and Pun-
ishments.)
Sequestration, payment of alimony
enforced by...
......664, 665
(See, chapters Administration,
and Practice in Civil Cases.)
Servants (See, chapters Appren-
tices, and Crimes and Punish-
ments.)
SET-OFF. —CHAPTER 148......1461 to 1464
Costs awarded to defendant, when... 1463
Executors and Administrators, debts
may be set-off, in suits by....... 1462
Execution, between same parties may
1463
be set off, when......
delivered to officer, proceedings.... 1463
set-off, when not allowed on........
.... 1464
Joint Obligors, in suits against, when
set-off allowed..
Judgment, how rendered when set-
1463
off is equal or less than plaint-
courts of record……..
in cases of fugitives from justice,
in justices' courts.
.440,
441
iff's demand....
1463
815
for balance due defendant..
1463
....929,
930
may be set off, when and how...... 1463
1862
INDEX.
Sheriff and Marshal.
Officer, how, shall proceed with exe-
cutions issued by both parties,
PAGE.
1463, 1464
Set-off, mutual debts may be, 1461, 1462
when, and when not, allowed against
executor or administrator........ 1462
SET-OFF (See, chapters Administra-
tion; Attachment; Bonds, Notes
and Accounts; Justices' Courts,
and Practice in Civil Cases.)
Settlement, by persons holding mo-
neys of counties......
Slaves.
Clerk of Circuit Court to certify to
Governor vacancy in office of
sheriff
PAGE.
1466
bond to be taken by, when.......... 1466
Clerk of County Court, shall deliver
certificate of election...………
shall certify, what fact.......
1465
1465
vacancy of sheriff to Governor.... 1467
vacancy of marshal to Governor, 1468
when appointment made, duty of, 1468
Clerk of Criminal Court of St. Louis,
bond of marshal taken by........ 1468
Coroner, duty of, when office of mar-
523, 524
by guardian and curator....
828
by guardians of insane persons...
by Commissioner of Seat of Go-
vernment
868
shal becomes vacant. .1468, 1469
Deputy Sheriff, how appointed, &c.. 1466
powers and duties of...
1466
343
Election, contested, or tie in, in case
of accounts of Secretary of State, 1453
of expenses of library
of marshal, how decided.....
1469
1492
Elisor, how appointed……………...
1468
of public accounts.....
1542
....
Marshal of St. Louis County, office
(See, chapters Administration;
County Treasuries, and Reve-
nue.)
of, established.....
1467
how and when elected.
1467
term of office.....
1467
Severing produce from the soil.......
Shannon County, limits defined......
Shares-(See, chapters Corpora-
tions-Road Associations; and
Crimes and Punishments.)
579
490
shall give bond, how and when.... 1467
failure to give bond, effect.......... 1468
vacancy in office, how filled………………….. 1468
powers and liabilities in serving
process
1468
468
fees of......
1468
........75,
76
tie in, and contested elections, how
decided......
1469
shall attend on, and serve process
of, what courts…………….
1469
Shelby County, limits defined..
Sheriff, election, term of service and
vacancies of...
(See, chapters Arbitrations and
References; Asylum-State
Lunatic; Attachment; Boats
and Vessels; Court-Criminal;
Court-Land; Crimes and Pun-
ishments; Insolvents; Jurors;
Limitations; Practice in Civil
Cases; Trusts and Trustees,
and Schools.)
SHERIFF AND MARSHAL.
CHAP-
TER 149...
.1464 to 1469
Bond, new, to be given, when...... 1465
to be given to State, when and in
what sum..
how conditioned..
failing to give, effect of..
1465
1465
1465
1466
1466
may be taken by clerk in vacation, 1466
approval of, by court, when.…………. ….
binding, until disapproved........
shall be recorded, when and where, 1466
of marshal given, how and when.. 1467
how taken and approved...
failing to give, effect...
Certificate, of election shall be re-
1468
1468
corded, by whom and when………….. 1466
official, of appointment, by whom
sent...
1465
of vacancy in office of marshal.... 1468
of appointment of marshal, how
transmitted.
1468
Clerk, penalty on, for failure of duty, 1466
Securities,
summary proceedings
may be had against, when....... 1467
recovery against, extent of......... 1467
Sheriff, to give new bond and secu-
rity
1465
shall be conservator of peace, take
recognizance of offenders, &c... 1466
shall certify recognizance to clerk
1467
of circuit court.........
shall quell and suppress riots, &c.. 1467
shall execute process, and attend
on courts
vacancy in office of, to be certified
1467
to Governor......
.1466, 1467
of St. Louis county, what courts
shall attend and serve process
in...
—
....
1469
SISTER (See, chapter Crimes and
Punishments.)
Slander, what words declared action-
able
(See, chapter Practice in Civil
Cases.)
647
SLAVES.-CHAPTER 150.......1469 to 1487
Boat or Vessel, how liable for viola-
tion of this act……….........
penalty on master or owner of, how
recovered....
1477
.....
1477
INDEX.
1863
Slaves.
Circuit Courts shall give, what, in
charge to grand jury
Clerk, duty and fees of......
PAGE. | Slaves.
1478
1479
County Court, shall audit statement, 1482
clerk of, shall certify amount to
Auditor of Public Accounts..... 1482
Emancipation of Slaves, how effect-
....
ed
1478
act for, to be delivered to slave.... 1479
by last will, testator to deliver
copy of will, to whom....... 1479
Fees of Sheriff, how and when paid,
1483
&c ....
Ferryman, penalty for crossing slave, 1476
how recovered……...
Free Negro giving pass to, or abduct-
1476
ing, slave, how punished......... 1486
Free Pass, forgery of, and abducting
away slave, how punished....... 1486
Grand Jury, duty of......
1478
...
presentment of, cognizable by jus-
tice of the peace, when...... 1478
Justice of the Peace, duties in rela-
tion to free negroes and mulat-
toes
1475
in relation to runaway slaves, 1480, 1481
Master or Owner, penalty for permit-
Publication, sheriff shall make, re-
lative to slave taken up, when
and how........
....
PAGE.
1473
..
1481
1481
when and how made, relative to
runaway
owner of slave not appearing, how
made, and by whom...
of this act, in Illinois, Governor
shall cause, to be made, how...... 1486
such, shall be made annually...... 1486
expenses of such, paid out of State
....
treasury
Purchase-money, of runaway slave,
how applied.........
sheriff and securities liable for,
how
1486
.1485, 1487
1486
1473
Recognizance entered into by owner
of slave, when
Reward, how paid......... 1483, 1484, 1486
for arresting runaway slave........ 1484
for apprehending runaway slave,
further explained...
1486
five dollars to be paid, when...... 1486
ten dollars to be paid, when 1486, 1487
Runaway Slave, any person may ar-
rest
..1472, 1480
taker up of, may deliver him to
sheriff.
1480
Notice of Runaway, by sheriff, how
given
1485
Notice of Sale, sheriff shall give,
how
1481
Owner, may prove title to slave, how,
....1481, 1482, 1485
refusing to pay reward, proceed-
ings
.1484, 1485
Penalty, for bringing slaves into
State, how......
ting slave to go at large, dealing
on his own account, &c.......
not appearing to claim slave, when,
what proceedings...
1485
1472
sale of; duty of sheriff..
1485
may be committed to county jail.. 1480
1473
shall be sold, when.....
1481
not appearing, slave may be sold,
penalty on, for permitting slave to
sell liquors........
1473
who declared to be.
1483
1474
may be discharged by court or
judge
1483
dying in jail, &c., who shall pay
expenses
1483, 1484
1475
1485
1485
penalty on, for allowing slave be-
longing to another to remain on
premises
penalty for permitting more than
five slaves to be on place......... 1475
Master, term of, how construed...... 1478
Negro or Mulatto suspected of being
runaway, any person may ap-
prehend, &c.......
Sheriff, required to receive runaway
slave
shall sell slave at public auction,
when…....
shall execute bill of sale............ 1485
to apply proceeds, how.... 1485, 1487
liability of........
1486, 1487
...
.....
1472
Sheriff, Coroner or Constable, shall
arrest, without warrant, slave
running at large......
shall take, before justice, &c....... 1472
unlawful meeting of slaves, shall
arrest offenders.....
1476
.1470, 1471
for hiring one slave to another, &c.. 1472
for hiring or harboring slave
....
1472
on sheriff, coroner or constable,
when........
1476
for trading with slaves……...
1477
Petition, of person claiming money,
&c.....
proceedings on....
for removing slaves out of State
without right.................1477, 1478
when, may be arrested, and what
Slaves, introduction of, prohibited,
in certain cases...
.....1470, 1471
of non-residents not to be brought
into this State.......
may be brought into State for pur-
pose of passing through......
may remain in State a short time, 1472
shall be kept in employment, how, 1472
must not be sold or hired, &c...... 1472
penalty for hiring or harboring,
1471
1472
when.....
1472
1482
may be done………………….
....
1472
1482
owner, not appearing, proceedings, 1473
MM VOL. II.
1864
INDEX.
PAGE.
Slaves, delivered to owner, when..... 1473
sold, when........
1473
how punished for harboring other, 1474
leaving home without a pass, how
punished.....
1474
going to another plantation with-
out permission of owner, how
punished.....
1474
1474
shall not carry arms, &c.; penalty
for....
how punished for riots, seditious.
speeches, &c.................. 1474, 1475
for disturbing religious congrega-
tion
emancipated, liable to execution,
when
......1478, 1479
emancipated, liable for taxes.........
SLAVES, escaping from one State into
another, to be given up..........
power of Legislature concerning,
defined
State Interest Fund. - State Library.
Spirituous Liquors-(See, title Li-
quors.)
Spring-(See, chapter Crimes and
Punishments.)
Stabbing, with intent to kill, &c.....
Stable, burning of.........
Stack of Grain, burning of..........
Stage-coach-(See, chapter Dam-
ages.)
Stage driver- (See, chapter Crimes
and Punishments.)
PAGE.
565
571
572
Stake-holder of, bet on election, how
punished......
630
1476
Stallions not permitted to run at
large.......
849
Standards of weights and measures
1564
...
..64,
91
1479
shall be kept, by whom
State, boundaries of...
State (See, chapter Limitations)
State Beneficiaries (See, chapter
Asylum-Deaf and Dumb.)
30
...69,
70
669
STATE INTEREST FUND. - CHAP-
TER 151...
1487 to 1489
1488
dower in, what it shall be...........
partition of, among heirs and le-
gatees may be made by county
......672, 673
lien of execution from courts of
court
Bonds, interest on State, paid from
fund, when.....
belonging to fund deposited, where, 1489
Commissioners, who created.
loans of, regulated......
bonds belonging to, may be sold,
record upon………….
741, 742
1488
may be seized and sold under exe-
cution
powers and duties of.......... .1488, 1489
740
compensation of........
1489
gifts of, when void...
803
Construction of this act.
1489
-803
Fund, constituted .....
1488
810
principal and interest of, to be in-
vested, how....
1488
&c......
....1488, 1489
1489
declared sacred..
1489
964
Interest on State bonds to be paid,
how, and by whom..
1488
Public Faith, pledged for proper ap-
plication of fund...
1489
1122
how, may sue for freedom....
master of, permitting them to sell
liquor, penalty..........685, 686, 1474
selling liquor, punishment on, for, 686
not to be discharged, or have right
of freedom, under habeas cor-
pus
.......840, 841
lien of execution from justice of
the peace on......
mortgages of, how foreclosed...... 1087
partition of, may be made by cir-
cuit court....
...
1322
found at unlawful assemblages,
may be punished by patrol...... 1126
made taxable........
(See, chapters Administration;
Crimes and Punishments; Fer-
ries; Fraudulent Conveyances;
Fugitives from Justice: In-
quests, and Roads and High-
ways.)
Societies (See, chapter Agricul-
bonds, money, &c., belonging to,
deposited, where…...
STATE LIBRARY. CHAPTER 152.
1489 to 1493
•
Assistants, employed, when........... 1491
compensation of
Auditor, shall audit accounts of li-
brarian...
1491
1491, 1492
shall deduct from wages of mem-
ber of Legislature treble value
of books not returned, when.... 1492
Books, &c., catalogue of, to be kept, 1492
taken from library, to be receipted
tural Societies.)
Soldiers, not to be quartered in any
for
1492
house in time of peace...
32
none shall be taken from room,
may dispose of wages by will………….. 1571
Solemn Public Act, declaring assent
of State to condition prescribed
by Congress......
...
Specialty (see, chapter Practice
unless
1492
treble value of, deducted, from what
per diem, when...
1492
.100, 101
in Civil Cases.)
what, to be sold.......
proceeds, how disposed of
lost, &c., to be replaced....
1492, 1493
1493
....
1493
INDEX.
1865
PAGE.
Expenses of fuel, stationery, &c.,
how paid.......
Fund provided; how same shall be
1492
appropriated....
1491
State University.
State Treasurer- (See, title Trea-
surer, and chapters Crimes and
Punishments; Revenue, and
Schools.
PAGE.
Law Library to be under control of
Supreme Court……………..
1491
STATE UNIVERSITY. CHAPTER
Librarian, clerk of Supreme Court
shall be.......
1490
....
shall have custody of library, 1490,
what books and papers, shall cause
to be bound.......
1490
shall keep library, where ....1490, 1491
continuity of books, when wanted,
duty of
1491
153...
Auditor, shall keep "the register of
seminary lands"
......1494 to 1506
1495
shall enter list of sales, &c., when, 1495
powers and duties of, relative to
seminary lands....
1495
1491
....
may purchase books, maps and
charts
shall report to General Assembly,
1491
when
1492
to report to Auditor members who
have failed to return books...... 1492
shall stamp each volume with seal, 1490
shall apply annual funds, how..... 1491
shall appoint assistants, when...... 1491
accounts of, audited and paid,
to hold bonds and certificates of
stock......
shall charge treasurer of board
with interest and profits.......... 1496
Board of Curators, University govern-
ed by………..
two meetings of, annually.......
when and where held.....
1496
1498
1499
1499
classification of members of.........
president, secretary, treasurer, &c.,
1499
to be appointed..
1500
...
who to preside……………..
1500
1491, 1492
to make catalogue.........
certain necessary expenses allow-
ed.......
1492
1492
duty of, when books are not re-
turned....
1492
liable for lost books, &c.
1493
1501
power to make by-laws and confer
degrees..
1501
special meetings of, may be called, 1500
adjourned meetings of, may be held, 1500
what shall constitute quorum at
regular and special meetings.... 1500
to report to Legislature...
may exchange reports..
1493
compensation of
1493
Libraries, to be kept open, when,
.1492, 1493
to apply specific grants, how....... 1501
to appoint president, professors,
&c., and fix their compensation
and terms of office...
1502
rooms of, to be kept prepared,
&c....
1493
Penalties for violating this act, how
recovered
1492
.....
....
duty as to the sites and edifices,
.... 1501, 1502
power to remove president, pro-
fessors, &c...
1502
Secretary of State, what books, shall
deliver to librarian.
1490
what books, shall sell.........1492, 1493
and at what price......
1493
librarian to make and deliver cata-
logue to....
1493
Supreme Court to have control of
law library..
1491
STATEMENT (See, chapter Justices'
Courts; Merchants; and Part-
nerships-Limited.)
State Prison-(See, chapter Peniten-
tiary.)
State Roads-(See, chapter Roads
and Highways.)
State School Moneys-(See, chap-
ter Schools.)
State Seal, forgery of..............589, 590
State Superintendent of Common
Schools (See, chapter
Schools.)
State Tobacco Warehouse (See,
chapter Inspection of Tobacco.)
to remove disability of such officers.
to receive salary..
power to sell lands of University, 1503
to apply proceeds, how...
to establish normal professorship,
....
1503
.1504, 1505
vacancy in, how filled...... 1499, 1500
to appropriate moneys, how........ 1497
Candidates, for admission, how to be
selected....
1504
when to enter college; pledge of... 1504
reports of elections of, how made
out; where filed...
1504
when received; their privileges... 1505
Certificates of Stock, or Bonds, when
taken as investment in trust for
seminary fund.....
may be deposited in bank...
1496
1496
Curators, number of, how chosen.... 1499
appointment of, when and by
whom made…...
qualifications of......
to take oath of office...
1499
1499
1500
1503
and primary school...
1505, 1506
1866
INDEX.
Seminary Fund, of what, to consist,
State University.
PAGE.
Curators, shall have access to books
and records......
1501
compensation of....
1504
mileage computed, and accounts al-
lowed, how....
1504
Dividends on stock in bank to be
reported to Auditor, and paid to
treasurer of board...
Librarian, duty of.........
1496
1502
Normal Professorship, established,
1504, 1505
appropriation for support of....... 1505
Offices of president, &c., declared
vacant, when..
1502
President of the Board, how elected, 1500
may call special meeting of board, 1500
shall preside at its meetings........ 1500
if absent, who shall preside..... 1500
to draw warrant for salary of offi-
cers
PAGE.
1494, 1495
shall be, and remain permanent... 1495
balance of certain income added... 1495
who shall be commissioners......... 1495
investments of, when to be made by
....
Auditor
1495, 1496
stock in bank held in trust for..... 1496
balance of, after paying salaries,
how applied...…………….
State Treasurer, powers and duties
1503
of, relative to seminary lands... 1495
Treasurer of Board, how appointed, 1500
to give bond and security.....1496,
1497, 1505
to receive dividends on bank stock, 1496
to receive interest and profits of
stock......
1496
1503
duty of, at annual meeting of the
board
1497
copy of report of, to be sent to Au-
ditor, by whom...
... 1497
1497
1497
President of University, appointment,
qualifications and duties of...... 1502
to have management, of what...... 1502
salary of, how paid...
1503
deduction of salary of, in certain
cases
...
1503
1506
to have, with the faculty, care of
primary school..
Primary School, established....1505, 1506
compensation of teacher of......... 1506
care of, invested in faculty.
1506
Professor, Normal, appointed, 1504, 1505
Professors and Tutors, how ap-
pointed....
1502
may be removed for certain causes, 1502
salary of, how paid......
deduction of salary of, in certain
cases..
1503
1503
to make report to curators of cata-
logue of books and apparatus... 1502
to have management, of what...... 1502
Publications to be inserted, in what
newspapers.....
1503
Public Stocks, money of capital of
seminary fund to be invested in,
when.
..1495, 1496
....
dividends declared on, to whom
reported.....
1496
same to be paid to treasurer of
board, when..
1496
interest and profit of, to be paid
to trea urer of board..
1496
...
treasurer to be charged with inter-
est and profits of...
1496
tors..
1497, 1502
Salaries, fixed by the board of cura-
to be paid semi-annually, how...... 1503
may be reduced in certain cases... 1503
Secretary, how appointed..
compensation of..
Auditor to draw warrant in favor
of, in certain cases..
to make report to Legislature, 1501, 1504
general duties of.....
1501
Unversity, established...........1498, 1499
corporate name and powers of……….. 1498
by whom governed.............1498, 1499
Vacancies in Board, how created and
1499, 1500
filled.....
STATUTE OF FRAUDS-(See, chapter
Practice in Civil Cases.)
Statute of Limitations-(See, chap-
ter Limitations.)
Statutes (See, chapters Evidence,
and Practice in Civil Cases.)
Stealing..
575, 576, 577
Steamboats, taking slave from one.
part of the State to another, lia-
bility of.......
(See, chapters Boats and Vessels;
Crimes and Punishments, and
Damages.)
Stock-(See, chapters Corporations
-Mining, Mechanical; Corpo-
rations Railroad; and Corpo-
rations Road Associations.)
Stockholders-(See, chapters Corpo-
rations - Mining, Mechanical;
—
―
Corporations Railroad; and
Corporations Road Associa-
tions.)
1477
Stoddard County, limits defined...... 490
Stolen Property, receiving..
Stone County, limits defined..
Storehouse, burning of..........
Stranding boat or vessel, to defraud,
580
494
1500
571
......
duty of, to keep journal.
1501
...
to keep all records, books, papers,
&c.
583, 584
1501
compensation of, fixed by board... 1501
Stray-(See, chapter Crimes and
Punishments.)
....
INDEX.
1867
PAGE.
Surveyors.
1508
1509
STRAYS. CHAPTER 154......1506 to 1512
Appraisers, oath of, and what ap-
praisement shall embrace....
Clerk of County Court, shall record
justice's certificate, when......
shall file advertisements, &c........ 1509
shall transmit copy of appraise-
meut, to whom.....
when, shall not transmit copy of
appraisement
1509
1509
penalty on, for failing to perform
duty..
....
1511, 1512
1508
1508
Justice of the Peace, notice to be
given to, when....
shall summon appraisers....
shall enter appraisement, how...... 1508
shall deliver to clerk and taker up,
copies of entry.
1508
shall give to taker up, statement
of duties, &c......
1508
...
fees of.........
1511
penalty on, for non-performance of
duty....
1511, 1512
Notices, taker up shall give, how and
where.
1508
Owner, may prove property, when
and how
1510
•
proceedings when stray proved,
after one year......
1511
1511
what, may recover for violation of
this act..
Printer, to print advertisements...... 1509
duty of, in printing advertise-
PAGE.
Taker Up, justice may settle allow-
ance to be paid for taking up, 1510
title to stray to vest in, when 1510
not liable for death of stray, when, 1511
penalty on, for disposing of, &c.,
when..
......
penalty on, for taking up, working
1511
stray, &c., contrary to law....... 1511
SUB-CONTRACTOR(See, chapter Me-
chanics' Liens.)
Sub-Lessee (See, chapter Land-
lords and Tenants.)
....
Subornation of Perjury..
Suicide, assisting to commit...
Suits (See, chapters Attachment;
Boats and Vessels ; Court
Land; Divorce and Alimony;
Justices' Courts; Mechanics'
Liens; Partition, and Practice
in Civil Cases.)
Sullivan County, limits defined……………….
Sunday, certain process not to be
executed on......
(See, chapters Courts Judicial
Power; and Crimes and Punish-
ments.)
Superintendent (See, chapter Asy-
lum-State Lunatic.)
Superintendent of Common Schools
(See, chapters Elections, and
Schools.)
Supreme Court, constitution, juris-
diction, and powers of, 76, 77,
600
560
469
1586
ments.
1509
compensation of………..
1509
90, 91, 93, 94,
532
contracts with, when to terminate
and be renewed
terms of.....
553
1509
decisions of, how published......
651
650
1511
vacancy in office of, how filled...... 1509
penalty on, for failing to perform
duty
Reward for taking up strays..... 1511
Secretary of State, to contract for
1509
printing advertisements.........
to notify clerks of printer, &c..... 1509
Strays, not to be taken up, when,
unless
1507
1507
who authorized to take up……..
when and how, may be taken up.. 1507
taken before justice, when...... 1508
cattle, &c., may be appraised on
plantation.
title to, complete, when..
1508
1510
to be sold, when.....
1510
Taker Up, to go before justice and
make oath, when and how........ 1508
to publish notice in newspaper,
when....
1508
shall set up notices in township,
when.....
1508
failing, shall forfeit all costs, pay,
&c., and be liable, how.... 1508, 1509
shall pay clerk's fees, postage, &c., 1509
may use stray, how......
1510
opinions of, to be in writing,....
practice in, regulated......1293 to 1302
(See, chapters Court-Common
Pleas; and Elections.)
Surveyor (See, chapter Perpetu-
ating Testimony.)
Surveyor-General, copies of plats,
surveys, &c., from office of evi-
dence.....
.725, 726
SURVEYORS. CHAPTER 155,1512 to 1519
Bond, of county surveyor, &c......... 1513
failing to give, effect..
1513
shall be valid until rejected, when, 1513
when rejected, new one to be given, 1513
recorded, at whose expense………………….. 1514
Chainmen and Markers, to make
...
1515
oath....
compensation of; by whom paid... 1515
County Courts authorized to obtain
certified copy of field-notes of
surveys, from whom.........1515, 1516
County Line, lands divided by, by
whom surveyed......
lands in dispute, divided by, by
whom surveyed………..
1515
1515
1868
INDEX.
Telegraph Companies.
PAGE.
Deputies appointed; oath of........... 1515
Election, how certified, and by whom, 1513
Field notes, county court may ob-
1516
tain, how and when.........1515, 1516
copies of, when to be filed in coun-
ty surveyor's office......
copy of copies of, evidence, when, 1516
Surveyor, how elected, and when,
......
and term of office............1512, 1513
how commissioned.
vacancy, how filled..
1513
1513
shall take oath of office, when...... 1513
shall execute orders of court.. .... 1514
shall make survey, when called on, 1514
when interested, who shall survey, 1514
shall keep record of surveys, de-
liver copy, &c………………………….. 1514, 1515
penalty on, for failing to perform
duty..
PAGE.
Appraisers, duty and compensation
of.........
1520, 1521
Association (See, Companies —
Telegraph.)
City and Town Authorities may fix
location, &c., of lines, where... 1520
Companies, Telegraph, governed by
the provisions of this act......... 1520
may construct lines, where, how.. 1520
to have notice of appointment of
appraisers...
1520, 1521
to pay the damages assessed, and
costs......
1520, 1521
penalty on, for failing to transmit
dispatches.....
1521
1521, 1522
railroad companies may be stock-
holders in....
liable for special damages, when,
1519
1522
reasonable allowance to be paid to,
for copy of field-notes..
shall make no additional charge,
when..
duty of, in dividing and subdivid-
ing sections.
1516
notice or process may be served
on, how...
1522
Damages, proceedings where persons
1516
are aggrieved by the construc-
tion of lines...
1520, 1521
1516, 1517
liability of company for special,
when......
1521, 1522
.1517, 1518
Dispatches, how and when trans-
mitted.
1521
in establishing blank quarter-sec-
tion corners.
in subdividing fractional sections, 1518
in establishing decayed quarter-
section corners...
.....1518, 1519
for the purpose of perpetuating
corners, shall establish corners,
how.
1519
Surveys, what, shall be legal evidence, 1514
when court shall direct, to be made, 1514
made and recorded, not affected by
this act....
SURVIVING PARTNER (See, chapter
Administration.)
Survivors (See, chapter Practice
in Civil Cases.)
1519
penalty for failure to transmit...... 1521
to be delivered by messenger,
when.....
1522
to be sent by mail, when...……………………. 1522
Notice, how may be served on tele-
graph companies.
Owner (See, Companies- Tele-
graph.)
1522
Process, how, may be served on tele-
graph companies…………..
1522
Railroad Companies, may be stock-
holders in telegraph companies, 1522
may construct lines on their roads, 1522
not bound to telegraph for public,
unless
....
Crimes and Punishments.)
1522
TANEY COUNTY, limits defined............
Taverns-(See, chapter Innkeepers,) 857
Taxes, shall be in proportion to
value of property..
495
TELEGRAPH
LINES (See, chapter
85
Telegraph Messages-(See, chapter
collector unlawfully exacting, pe-
nalty on.
614
repayment of, in certain cases,
provided for....
1358
690
1119
erroneous assessments of, correc-
tion of, provided for, 1333, 1335,
1336, 1337, 1348, 1352
(See, chapters Corporations—
Railroad; Roads and Highways,
and Innkeepers.)
Teachers (See, chapter Schools.)
TELEGRAPH COMPANIES.
-CHAP-
1519 to 1522
TER 156......
Appraisers, how appointed, to in-
quire of damages……………………….. 1520, 1521
Crimes aud Punishments.)
Tenancy in Common, estates in...... 357
Tenant in Common, may maintain
action of ejectment.
may have partition of land......
Tenauts-(See, chapters Attachment,
and Landlords and Tenants.)
Tender (See, chapters Costs; Jus-
tices' Courts, and Practice in
Criminal Cases:)
Testimony-(See, chapters Arbitra-
tions and References; Perpetu-
ating Testimony, and Practice
in Civil Cases.)
Texas County, limits defined......
Theft-(See, chapter Innkeepers.)
495
INDEX.
1869
Town Plats. - Towns, &c.
Tickets, giving false, to voter at elec-
tion, or printing or circulating
false......
PAGE.
615, 616
631
Tippling-shop, keeping open on Sun-
day
...
Tobacco-(See, chapter Inspection
of Tobacco.)
Toll-(See, chapter Corporations—
Road Associations.)
Ton, what shall constitute a........... 1565
TOWN PLATS.
.....
CHAPTER 158, 1535
to 1537
Conveyance, map or plat shall be
sufficient....
or
Evidence. copies of original plats,
of the record thereof, to be,
when........
......
1536
1536
1536
Forfeitures, recovered, how...
property may be attached for, 1536, 1537
Ground for Public Uses, double the
value of, forfeited, when......... 1536
Lot shall not be sold till map record-
ed.........
1536
Map, of town shall be made out..... 1535
shall contain description in full.... 1535
lots shall be numbered on.......... 1535
shall be deposited, where......……………. 1535
shall be preserved, by whom....... 1535
shall be acknowledged, certified,
&c......
Penalty, if map does not represent
facts...
1535
1536
Recorder, shall preserve map or plat, 1535
shall record all town plats....... 1535
may reduce scale of plats, when,
1535, 1536
Town Plat, in case of new county,
to be sent, when and to whom.. 1537
TOWNS INCORPORATIONS OF.-
CHAPTER 157.............. 1523 to 1534
Application for warrant to be made
on affidavit....
...
Board of Trustees, majority of, shall
constitute quorum to do busi-
1527
Towns - Incorporation of.
Board of Trustees, may cause foot-
ways, &c., to be paved, when
owner refuses......
may recover expenses of paving
from owner.
PAGE.
1527
1527
vacancies in, how filled........ .... 1529
shall appoint judges of election,
when..
1529
shall supply vacancies in judges.. 1529
to make actual count of moneys
....
in hands of treasurer, when..... 1534
By-laws and Ordinances, may con-
tain, what provisions...... 1525, 1526
shall not be repugnant and contra-
dictory to laws of the land, 1525, 1526
Chairman of Board of Trustees, to
report amount of moneys re-
ceived and expended, when...... 1528
shall publish an account of moneys
received and expended, how and
when....
penalty on, for neglect to publish
report
1528
1528
1528, 1529
shall cause to be printed, by laws
and ordinances.
shall cause by-laws and ordinances
to be carried into effect...
1529
in absence of, who may act as...... 1529
Clerk of Election, how appointed;
his duties....
Collector, appointment of...
to give bond..
1529
1526
1531
Constable, may be appointed..
1526
1527, 1531
1527
1530
to give bond...
powers and duties of.........
Corporation, may be disincorporated,
how
...
shall not be disincorporated, when, 1530
dissolution of, not to affect rights
for or against.........
dissolved, trustee appointed for,
1530
1530
how
dissolved, annual revenue of, if
any, how disposed of........... 1531
County Court, may disincorporate
ness
1525
smaller number may adjourn,
when, &c........
1525
town
1530
shall not disincorporate, when..... 1530
shall appoint trustee of dissolved
incorporation..
1530
1525
1531
shall judge of qualifications, elec-
tions, &c.......
determine contested elections.... 1525
establish rules of proceedings..... 1525
keep a journal of proceedings, &c., 1525
proceedings of, shall be public..... 1525
may pass by-laws and ordinances,
1525, 1526
...
may appoint officers, agents and
servants.
may order streets and alleys to be
opened and repaired.........
may require foot-ways, &c., to be
paved....
1526
1527
1527
revenue, whom paid to, of dis-
solved corporation......
Elections, judges of, how appointed, 1529
judges of, appointed by electors,
when..
how long to be kept open.....
how conducted..
Electors, qualifications of..
may appoint judges of election,
when...
1529
1529.
1529, 1530
1529
...
1529
1526, 1527
1528
Exempted, citizens, from operation
of road law.....
Fines and Forfeitures, how recover-
ed…………….
1870
INDEX.
1528
Tenant, expense of paving, &c., paid
Towns Incorporations of.
Interest, not to be paid on warrants,
when...
warrants to draw, when...... 1533,
Judges of Elections, shall give notice
of election, how....
PAGE. | Townships.
PAGE.
1533
1534
Trustees, shall fix time and place of
meeting..
1525
may be convened by chairman,
when.....
1525
1529
...
majority of, shall constitute a quo-
failing to attend election, what
proceedings..
rum to do business
1525
1529
Warrants, on treasurer, how to be
in case of tie, shall decide by lot,
Jurors, who are competent, and in
what cases
1530
drawn, and by whom..
1532
1528
but one, to be drawn for one amount
allowed..
1532
Marshal, appointment of......
1526
to give bond.………………….
1527, 1531
in whose favor, to be drawn........ 1532
person in whose favor, are drawn,
powers and duties of....
1527
Notice of Election, how, when, and
shall present same for payment, 1532
may be assigned......
1532
by whom given.
1529
....
form of assignment....
1532
1525
Oath of Office shall be taken by trus-
tees
Petition for incorporation, by whom
presented, aud to what court... 1524
Real Estate, how, may be sold and
redeemed for taxes..
Road Law, citizens of town exempted
from operation of........... 1526, 1527
Taxes, how collected....
1528
due from non-resident, how col-
lected....
1528
1528
property may be sold to pay, when, 1528
real estate sold for, may be re-
deemed....
by, shall be set-off against rent, 1527
Towns, may be a body politic and
no interest to be paid on, when.... 1533
abstract of, to be kept......
penalty on reasurer for paying,
improperly
1532
in what order paid..
1533
payment of, not to be refused,
when..
1533
1533
not paid on presentation, to be so
endorsed...
1533
to draw interest, when....... 1533, 1534
to be filed and registered.... 1533, 1534
issued, when and by whom......
Witnesses, when competent......
1527
1525
TOWNSHIPS. CHAPTER 159.......... 1537
County Court, may divide, subdivide
and erect, when.......
1537
corporate, when…..
1524
incorporated, name of.
1524
may alter township lines........
shall transmit to Secretary of
1537
twenty-fourth section of first arti-
cle, applicable, to what........
1534
State description of township,
when, &c.....
1537
Treasurer, appointment of.
1526
to give bond.....
1531
shall cause clerk to enter descrip-
tion of record.....
1537
...
where to reside; to receive and dis-
Township, no line of, shall pass
burse moneys...
1533
to file, and keep a registry of, war-
rants...
1534
shall not refuse payment of war-
rants, &c........
1533
to set money apart for payment of
warrants
1533
to keep accounts of receipt and
payment of moneys.
1533
...
through any town or common
field, &c.....
TRANSCRIPT-(See, chapters Attach-
ment, and Practice in Civil
Cases.)
Translation-(See, chapter Practice
in Civil Cases.)
Translators, may be appointed by
1537
to endorse warrants, how and
when......
courts.......
538
1533
fees of.........
773
to give duplicate receipts.
1534
Treason, what constitutes; evidence
to keep books, moneys, &c., sub-
ject to inspection.....
1534
to keep accounts of receipts and
expenditures, &c.
1533
...
and conviction of.......
(See, chapters Crimes and Punish-
ments, and Practice in Criminal
Cases.)
84,
85
shall make settlements, when...... 1534
compensation of…………..
Trustees, how appointed and elected,
Treasurer of the State, office of, es-
1534
tablished.....
.71,
96
may be impeached...
...70,
71
1524, 1525
qualifications of; term of office... 1525
shall take oath.
...
ex officio inspector of the peniten-
tiary
1138
1525
duty in reference to road and ca-
shall assemble, when.
1525
nal fund........
1364
shall choose chairman and clerk... 1525
and seminary fund………………………….
1495
INDEX.
1871
Treasury Department.
Treasurer, general duties and liabili-
ties...
(See, chapter Elections.)
PAGE.
1538 to 1552
of counties
(See, chapter County
Treasuries.)
of towns-(See, chapter Towns.)
TREASURY DEPARTMENT.
CHAPTER 160..
....1538 to 1552
1548
Attorney-General, duty of....
Auditor of Public Accounts, shall be
included in treasury depart-
...
1538
•
ment
shall reside, and keep office, where, 1538
shall take oath, give bond, &c..... 1538
shall keep a seal of office, &c...... 1539
declared to be general accountant
of State....
1539, 1540
shall make report to General As-
sembly, when, and of what, 1540, 1541
shall audit, adjust and settle,
claims, &c, except, &c.........
shall draw warrants on treasury
for money, &c......
Treasury Department.
PAGE.
Auditor, may appoint a clerk………………….. 1541
and his securities liable for acts of
clerk
printed copies to accompany re-
1541
port of, to General Assembly.... 1546
such report shall set forth, what
facts, and how…………………………………….
...1546, 1547
Bond, and security, of Treasurer and
Auditor to be given, in what
amount; condition of bond, &c.. 1539
securities upon, to swear to what
they are worth..
Governor to approve, &c...
....
1551, 1552
1539
1538
must be given before entering on
duty...
Claims, against State, shall be exhi-
bited to Auditor, when....... 1544
what shall be allowed as a set-off
.1544, 1545
to such
may be certified to General As-
sembly
......
Clerk, Auditor and Treasurer, each
may appoint......
qualifications of....
1546
1541, 1548
1541, 1548
powers and duties of.... 1541, 1548
who responsible for acts of...1541, 1548
Collectors of Revenue, shall exhibit
1540
1540
shall audit and settle accounts of
collectors, &c.......
1540
shall keep accounts between State
and Treasurer………..
1540
shall keep account of debts and
1542
credits between United States
and this State.......
shall pay damages for failing to
1541
pay
1542
warrant of distress may issue
1541
against
1542
accounts and vouchers to Au-
ditor, when......
revenue
shall direct prosecution in name of
State.....
shall give information to General
Assembly, how and when......... 1541
shall settle with collectors of the
1542
shall charge delinquent, when, 1542
shall issue warrant against delin-
quent...
1542
may examine parties and witnesses, 1545
may issue subpoenas, &c., when... 1545
shall draw warrants on Treasurer,
when.....
failing to pay, shall be published
by Auditor, when and how....... 1546
Committee, appointed to settle with
Auditor and Treasurer, when... 1550
powers and duties of……………………………. 1550
shall examine into condition of
Register's office, &c............... 1550
Fiscal Year, to commence, &c,when, 1540
books, &c., of public officers shall
1545
decision upon claim certified to
General Assembly, when.......
shall audit and adjust claim, and
give certificate, when.....
1546
1516
conform to such.
Forms and Instructions may be pre-
pared by what officers...
Governor, whom, shall appoint to set-
tle with Auditor, &c., when and
where
1540
1552
shall report default of collectors
to General Assembly, when...... 1546
shall publish list of defaulters,
Lien, accounts, &c., to be, upon real
estate....
....
1550, 1551
1550
•
when and how.
1546
failing, penalty on...
1546
penalty on, for issuing warrant
without authority
1549
who shall be appointed to settle
with.....
1550
....
when, pro tem. shall be appointed
by Governor
1550, 1551
compensation of acting Auditor so
appointed…………….
Property Distrained shall be adver-
tised and sold, how....
Reports to be made to Legislature,
when........
Returns and Reports to conform, to
what forms and instructions..... 1552
Sheriff, authorized to serve warrant
of distress.....
shall levy and collect of delin-
quent, how
1544
1540
1542
1544
1551
shall advertise and sell property,
shall have power to administer
oaths......
how
1544
....
1551
compensation of, for collecting, 1544
MM 2— VOL. II.
1872
INDEX
Trespass.
PAGE.
1544
Sheriff, liability of, for neglect, &c.,
to perform duty under distress
warrant......
Treasurer and Auditor, shall com-
pose treasury department........ 1538
shall reside, and keep offices,
where
shall, before entering on duty, take
oath, and give bond......
penalty on, for performing duties
before qualifying.
1538
...
1538
1538
shall each keep seal of office....... 1539
no warrant shall be drawn or paid
by, without previous appropria-
tion
1545
shall have free access to each
other's offices, &c.......
1549
shall each keep letter-book, &c.... 1549
penalty on, for neglect of duty,
&c
1549
vacancy in office of, how filled...... 1550
failing to give bond, office forfeited, 1539
securities of, responsible, to what
extent
penalty on, failing to make settle-
ment...
Treasurer, to receive and keep mo-
neys of State……………..
1539
1548
·
1547
to disburse moneys upon warrants, 1547
to keep an account of moneys re-
ceived and disbursed............... 1547
to reuder accounts for settlement,
quarterly
....
to report condition of treasury to
General Assembly........
1547
1547
shall grant duplicate receipts for
money paid, when.
..1547, 1548
oath to, what.....
security on bond of, shall make
may appoint a clerk..
...
1551, 1552
1548
liable for official acts of clerk...... 1548
Vacancy in offices of Auditor and
Treasurer, how filled.............. 1550
Warrant on Treasury, when drawn, 1545
shall not be drawn, when...... 1545
form of......
1545
Warrants of Distress, Auditor to is-
sue, against delinquent, when.. 1542
how, and upon whom, executed... 1544
proceedings under......
1544
form of......
1542, 1543
589
TREASURY ORDER, forgery of...
Treasury Warrant -(See, chapters
County Warrants; Crimes and
Punishments, and Towns.)
Trees-(See, chapters Crimes and
Punishments, and Trespass.)
TRESPASS.. CHAPTER 161...1552 to 1554
Damages, double, to be paid, when, 1553
treble, recovered and paid, when
and how.
....1552, 1553
PAGE.
1553
Trusts and Trustees.
Damages, when single, how reco-
vered....
Doors, Gates and Fences, throwing
down or leaving open, penalty for, 1553
Penalties and Damages, how recover-
ed..
1552, 1553, 1554
paid to the county, when....
Trespasses, treble damages recovered
for....
1553
1552, 1553
1553
1554
action for, may be, how..
slave committing, when owner li-
able for.......
84
who shall be liable for, when slave
commits, in certain cases......... 1554
TRESPASS-(See, chapters Damages,
and Practice in Criminal Cases.)
Trial, by jury, right of, secured, 33, 83,
(See, chapters Justices' Courts,
Practice in Criminal Cases, and
Practice in Civil Cases.)
Trust, operation of conveyances in..
for grantor, when void.......
declarations or creations of, to be
in writing.
...
354
802
807
375
1530
Trustees, of corporation dissolved...
of incorporated towns.... ..1524, 1525
of disincorporated towns..
(See, chapters Asylum-Blind;
Corporations--Mining, Mechani-
cal; Corporations - Railroad;
Fees; Mortgages; Practice in
Civil Cases; Practice in Crimi-
nal Cases, and Trusts and Trus-
tees.)
TRUSTS AND TRUSTEES. CHAP-
TER 162...
......1554 to 1556
Bond, trustee to give, unless.
1555
proceedings for rule to give... 1555
how made; its approval, &c.. 1555, 1556
new trustee to give..
Court, Circuit, may appoint trustee,
when......
1556
......1554, 1555
may require trustee to give bond,
unless
...
proceedings to obtain rule of, for
security....
....
1555
1555
application, how determined.. 1555
to appoint new trustee, when....... 1556
may dismiss one trustee and ap-
point another, when………………..
Sheriff may be appointed to execute
1556
1555
deed of trust, when......... 1554, 1555
powers and duties of...
Trustee, sheriff may be appointed,
to execute deed of trust, when,
1554, 1555
may be required to give bond, un-
less.
notice to be given to, of applica-
1555
tion for rule for security...
may answer application, how...... 1555
1555
INDEX.
1873
Vagrants.
Trustee, failing to give bond, new
trustee to be appointed....
new, to give bond......
Vagrants, keepers of gaming-tables,
PAGE.
Venue.
1556
1556
person paying money to, not re-
sponsible for its application..... 1556
34
67
UNITED STATES, Constitution of, and
amendments......
...19 to
soldiers or seamen in army or navy
of, not entitled to vote........
person enlisted in army of, or pri-
soner of war of, not to be dis-
charged by habeas corpus........ 849
convicted of offences
persons
against, to be received into coun-
ty jail.
into penitentiary.
...
•
.897, 898
.1145, 1146
Unknown Parties, how notified, in
1112
case of foreclosure of mortgage, 1089
in cases of partition.......
(See, Practice in Civil Cases.)
Unlawful Assembly of Slaves, pro-
ceedings for dispersing.....1474, 1475
white person found at, penalty.... 1475
(See, chapter Crimes and Punish-
ments.)
Use, conveyances to; their operation, 354
Use and Occupation, action for....... 1013
Usurpation, of government…..
of office....
555
615
Usury, prohibition against taking... 890
(See, chapter Interest.)
Uttering, matter tending to insurrec-
tion of slaves...
counterfeit money.
VACANCIES (See, chapters Asylum-
C
Blind; Court-Land; Court
Probate; Courts Judicial Pow-
er; Elections, and Treasury De-
partment.)
VAGRANTS.
556
594
CHAPTER 163...1556 to 1558
County Court to direct sheriff to bind
out minor as apprentice, when.. 1557
Grand Jurors, shall make present-
ment of vagrants, when....
upon presentment of, what pro-
ceedings
PAGE.
&c., deemed.…………..
1557
shall be arrested, how and when, 1557
Warrant, justice to issue, to appre-
hend vagrants..
1557
VENDOR-(See, chapter Witnesses.)
Venue, change of, in civil cases, in St.
Louis county, regulated...1560, 1561
(See, chapters Court-Criminal;
Justices' Courts; Practice in
Civil Cases, and Practice in Cri-
minal Cases.)
VENUE.CHAPTER 164.........1558 to 1561
Circuit Court of St. Louis county
to have jurisdiction of causes
from other circuit courts......... 1561
Clerk of Court, shall make out tran-
script.....
1560
duty of, when cause is removed... 1560
shall file papers and docket cause, 1560
may make cut fee-bill, and cause
the same to be collected, when
and how...
1560
failing to send transcript, effect of, 1560
Costs and Expenses, to be paid by
petitioner, when.....
1560
1560
failing to pay, effect of his.
Courts, powers and duties of, in cases
transferred to them.........1560, 1561
Notice, reasonable, when and how
given, and effect of..........
Petition and Affidavit, shall contain,
what....
1559
1559
may be presented to judge, when... 1559
Transcript, to be made out, when and
1560
how
penalty on clerk for failing to make, 1560
Venue, change of, may be awarded,
when and for what causes........ 1559
when not allowed.
1559
proceedings to obtain change of... 1559
judge may order change of, when, 1559
court may order change of, with-
1558
out application, when......
change of, awarded in vacation,
what proceedings....
1559
1559
1558
....
no change of, allowed from St.
Louis county.…….
1560
1557
changes of, allowed from one court
to another in St. Louis county,
excepting, &c................. 1560, 1561
1557
Jury, vagrancy established by, when, 1557
Justice of the Peace, shall issue war-
rant........
shall order vagrant into custody,
when.......
duty of, when vagrant is a minor, 1557
money arising from hire of va-
grants, how disposed of....1557, 1558
Minor, vagrant, when to be commit-
ted, or give recognizance........ 1557
Sheriff and Constable shall inform
upon vagrants, &c......
Vagrancy, how established.
1558
1557
Vagrants, who deemed such........... 1557
VERDICT, may be received on Sunday, 542
in cases of escheat..
in cases of forcible entry and de-
tainer...
(See, chapters Crimes and Punish-
ments; Justices' Courts; Prac-
tice in Criminal Cases; Practice
in Civil Cases, and Witnesses.)
Vernon County, limits defined.......
719
791
495
1874
INDEX.
PAGE.
Way.
Vessels (See, chapters Boats and
Vessels; Crimes and Punish-
ments, and Practice in Criminal
Cases.)
Voter, who deemed qualified.........
(See, chapter Crimes and Punish-
ments.)
67
.......
PAGE.
1562
Weights and Measures. — Wills.
Commissioners, shall assess damages
occasioned by road........
shall take an oath, when and how, 1562
shall make report to county court, 1562
objections to report of, when to be
filed...
1563
other, may be appointed, when.... 1563
report of, confirmed, what pro-
Warehouse, burning of.....
571
ceedings....
1563
Wares, burning, with intent to de-
rejected, what proceedings.
1563
fraud..
572
....
Warrant, not to issue without affidavit
84
in cases by and against appren-
tices...
County Court, to appoint commis-
sioners to lay out private road,
when..
1562
191
in cases by and against boatmen,
299,
300
against boats and vessels...
307
proved....
in cases of negroes suing for free-
dom
proceedings of, in case of objec-
tions to commissioners' report... 1563
proceedings of, when report is ap-
may dismiss petition, when....
1563
1563
811
Way, right of, how obtained...
1562
for fugitive from justice.......813,
814
applicant for right of, how to pro-
1
from justice of the peace in cases
of breach of the peace......
ceed.....
1562
978
1562
...
1098
1130
....
for apprehension of free negro or
mulatto...
for apprehension of pedler
for recovery of public records,
..1310, 1311
for appointment of assessors of
lost or wrecked property......... 1404
for apprehension of slaves holding
unlawful assembly, 1472, 1475, 1476
for apprehension of free negroes
or mulattoes, at unlawful assem-
bly of slaves......
for conveyance and delivery of run-
away slave....
1475, 1476
1480
on State treasury, to be drawn by
Auditor
1545
1586
for apprehension of vagrants...... 1557
not to be served on Sunday or Fourth
of July, when....
(See, chapters Asylum-State Lu-
natic; Boats and Vessels; Crimes
and Punishments; Inquests; Jus-
tices' Courts; Landlords and
Tenants; Practice in Criminal
Cases; Schools, and Towns.)
Warren County, limits defined...469,
Washington County, limits defined...
Washington's Farewell Address, 35 to
Waste, on county buildings, penalty,
on saline lands..
on school lands.
(See,
chapters Administration,
and Landlords and Tenants.)
commissioners' report with regard
to....
right of, to a mill, how established, 1563
WAYNE COUNTY, limits defined........... 496
Webster County, limits defined....... 497
WEIGHTS AND MEASURES.-CHAP-
TER 166..
...
1564, 1565
Clerk of County Court, to procure
standards of weights and mea-
sures, how...……….
shall give notice of having pro-
cured same...
1564
1564
shall seal all weights and measures, 1564
Hundred-weight, what shall consti-
tute
....
1565
Plank and Lumber, to be sold by
board measure, unless....... 1565
Sealing, clerks of county courts shall
1564
seal weights and measures, when, 1564
Standard, penalty for using weights
and measures, contrary to
Ton, what shall constitute.
Wheat, &c., what weight shall con-
stitute a bushel of each.......... 1565
470
496
WELL
48
501
1397
1411
WAY. CHAPTER 165............1561 to 1563
Applicant, for right of way shall give
notice, when and to whom....... 1562
shall produce evidence to the court
that notice has been given, when, 1562
Commissioners to mark out a road,
to be appointed, when........
1562
(See, chapter Crimes and
Punishments.)
Widows (See, chapters Adminis-
tration; Dower, and Partition.)
Wife(See, chapters Crimes and
Punishments; Divorce and Ali-
mony; Executions; Practice in
Civil Cases, and Witnesses.)
1565
WILLS. CHAPTER 167........1565 to 1575
Attestation, proof of, of witness to
will, when sick, absent, &c.,
how procured.
.1569, 1570
....
commission to take proof of, how
and when made out.........1569, 1570
INDEX.
1875
Wills.
Attestation, mode of taking proof of,
PAGE.
.1569, 1570
1570
effect of such, when taken in pro-
....
per manner..
Children, not named in will have
rights as though parent died
intestate.
1568
1568
devisees, heirs and legatees, shall
refund to......
advancement to, effect of.....1568, 1569
Circuit Court may order contribu-
Wills.
Mariners and Soldiers, may dispose
of wages, or personal property,
how
...
PAGE.
1571
making nuncupative will; proof of
such, when and how made........ 1571
Nuncupative Wills, not good when
estate exceeds two hundred dol-
lars in value....
1570
must be proved by two witnesses, 1570
maker of, must call upon wit-
nesses, &c...…………….
1570
must be made at time of last sick-
ness
1570
....
1569
1569
must be made at dwelling of de-
ceased
valid, when testator was taken
sick, from home, and dies before
his return
1570
1570
tion and distribution for making
up shares of legatees, heirs,
&c...
....1574, 1575
County Court, shall take proof of
last wills.....
clerk of, in vacation, may take
proof, &c......
shall take and receive proof of
handwriting of witnesses to will,
when......
....1569, 1570
clerk of, shall certify as to testi-
mony of witnesses to will, when, 1570
shall have power to summon per-
son to produce will, when........ 1575
Creditor shall be a witness, when.... 1573
Devise, to attesting witness to will,
void
1573
1573
shall not be void to others than
the attesting witness, when...... 1573
witness may recover amount of de-
vise to him, when and how
shall be valid to witness, when.... 1573
what shall be an estate for life, &c., 1574
considered in fee-simple, when..... 1574
Devisee, dying before testator, lineal
descendants of, shall take the
estate.....
deemed legal witness to will, when, 1573
shall refund part of money re-
ceived by devise, when.....1574, 1575
court shall require, to refund,
when.........
Incumbrance on real or personal
estate, when not deemed a revo-
cation of will…........
1569
proof of, how made, and when re-
ceived......
1571
must be reduced to writing, when, 1571
probate of, shall not be granted,
unless
widow, or next of kin of deceased,
may be cited to contest will,
when....
Personalty, who may make will of
personal property
Probate, county court or clerk shall
1571
1571
1567
take proof of last wills........... 1569
shall be taken, when and where... 1569
shall be taken in county where
lands lie.
taken in county where testator
died.....
...
1569
1569
may be taken in any county, when, 1569
certificate of, when and by whom
granted.....
1569
Record of Wills, shall be made, how
and by whom………….
1571
shall be evidence, when.......
certified copy cf, evidence.........
1571
1571
1575
Testator, person signing name of,
must subscribe his own, as wit-
ness to will....
1567
1568
may revoke will, how...
1567
Jury, validity of will shall be tried
after making will, shall marry and
1573
by
....1571, 1572
verdict of, shall be final, when.... 1572
Legatees, may be competent wit-
nesses, when........
death of, shall not affect compe-
tency as witness to will, when.. 1574
shall not demand or receive legacy,
when.......
die, leaving issue, will shall be
revoked, unless......
shall be deemed to have died in-
.1567, 1568-
1568
1570
testate, as to children not named
in will......
handwriting of, may be proved,
when......
Wills, who may devise estate by...... 1567
no married woman shall be capa-
ble of making, except, &c....... 1567.
shall be in writing, signed, at-
1574
shall make contribution to estate,
when
circuit court shall order contribu-
......
1574, 1575
tion from, when…....
1575
tested, &c......
1567
Married Woman, not capable of mak-
ing will, when………...
1567
may be signed by other person.
than testator..
1567
shall have power to make will,
when......
not deemed revoked, except in the
1567
cases specified……………..
1567
1876
INDEX.
Wills.
PAGE.
PAGE.
Wills, may be revoked by marriage,
when
......1567, 1568
unmarried woman, making, when
revoked...
1568
first, not revived when second has
been cancelled or destroyed, un-
less, &c
1569
WITNESSES.-CHAPTER 168...1575 to 1583
Arrest, witnesses shall be privileged
from.......
1581
of witness shall cause suit to abate, 1581
penalty for causing, of witness
wrongfully...
....
Assignor incompetent to be a wit-
1580
shall be proved, where.......………………….
proof of, and certificate given,
when....
1569
ness, when...
......1577, 1578
Attorney not a competent witness,
1569
when....
1578
rejected, certificate granted.
1569
when lands devised, shall be re-
corded, where…...
1577
1571
who may contest validity of, and
when and how..... ......1571, 1572
validity of, may be contested,
when.....
……………………..1571, 1572
validity of, how, may be contested,
1571, 1572
real estate may be bequeathed by,
person living out of the State,
how.
Character, moral, of witness may be
given in evidence, when......
Child not a competent witness, when, 1578
Commissioners, power of certain, to
compel attendance of witnesses,
......1582, 1583
Continuance of cause, from absence
of witness, when...
Court, may award writ of attach-
1580
ment for witness, when........... 1580
may impose a fine upon witness for
not obeying summons, in how
much
1572
copies of wills made out of the
State, effect of, and to be re-
corded in this State...………….
made out of the State, may be
contested
1580
1572
may remit fine, when..........1580, 1581
may commit witness for refusing
1573
to testify..
Credibility of witness, what facts
1581
creditor shall be a witness to exe-
cution of, when
1573
....
term of, defined, and how to be
construed..……..
1575
may be shown to affect.........
Damages, witness, when liable for, in
failing to obey summons...
may be recovered by action, unless, 1581
Evidence, verdict and judgment not,
1577
1581
1567
courts shall have due regard to
direction of, and to the true in-
tent and meaning of testator.... 1575
Witnesses, wills shall be attested by
two, or more.......
sick, absent, or non-resident, proof
of attestation of, how procured,
1569, 1570
testimony of sick, absent, or non-
resident witness, effect of......... 1570
dead, insane, or unknown, what
proof shall be sufficient to esta-
blish will.…………….
when and for whom....
copy of endorsement to be.......... 1579
Fees, paid or tendered witness, what
effect.......
1579
1581
when witness shall not be com-
pelled to attend trial unless, are
paid.....
Grantor incompetent to be a witness,
when...
...
1580
.1577, 1578
Habeas Corpus, may issue to bring
witness
1582
1570
when all but one of,, are dead, in-
witness may be brought from jail
by, except when confined for fe-
sane, or unknown, what pro-
lony..
1582
....
ceedings.......
1570
witness may be brought out of jail
proof of handwriting of, when and
how taken.....
1570
by, to testify before justice,
when......
1582
testimony of, shall be in writing,
and signed by
on application for, what proceed-
1570
ings
1582
....
1573
oath of, examined at probate, shall
have weight, when and how..... 1572
beneficial devise to, shall be void,
when......
extent of share of, when and from
whom, may be recovered......... 1573
credit of, when left to considera-
tion of court and jury
competency of, not affected by
death of legatee, when......
having been examined as such,
effect of, to them...............…………
...
1573
Incompetent, what persons are, to
testify as witnesses..........1577, 1578
Insane Person declared not a compe-
tent witness.
Interest, person not incompetent to
1578
.....
1574
....
testify, by reason of....
Judgment, not admissible as evidence,
1576
1574
when and for whom.......
1579
affidavit to obtain, not required of
whom.........
1582
Husband, not a competent witness,
when.....
1578
?
INDEX.
1877
Witnesses.
PAGE.
1582
1578
Justice of the Peace, witness may be
brought by habeas corpus to
testify before.....
Minister or Priest, as witness, not
compelled to disclose confessions,
when..
Negro and Mulatto, shall not be a
competent witness, when......... 1579
may be witness in pleas of State
against negro or mulatto......... 1579
may be witness where negroes and
mulattoes alone are parties...... 1579
Parties, may be competent to testify,
when and how.....
.......
testimony of, may be rebutted,
how...
penalty on, for refusing to testify,
&c...
1577
1577
1577
....
1577
may be examined on their own be-
half, when.
adverse, may testify, when..... 1577
incompetent to testify as witness, 1577
Physicians or Surgeons not required,
as witnesses, to disclose informa-
tion acquired from patient,
when....
Prisoner, brought from jail to testi-
1578
fy, shall be remanded, when..... 1582
Subpoena, for witness, how directed,
and by whom served..
PAGE.
Wolves. Woods, Marshes, &c.
Witnesses, moral character of, may
be given in evidence, when...... 1577
parties may be required to testify
as
what persons are incompetent to
testify as...
1577
..1577, 1578
verdict or judgment not admissi-
ble as evidence for, when......... 1579
names of, to be endorsed, where
and when.......
1579
· 1580
when, shall not be compelled to at-
tend trial, unless.....
power of certain commissioners to
compel attendance of.......1582, 1583
WITNESSES, two necessary in cases of
treason.
in proceedings by address..
before arbitrators and referees..
to prove deed before officer....
in cases to which town, city, &c.,
is party, inhabitants competent,
depositions of, may be taken, 653,
fees of.......
.84,
85
108
195
361
375
654
776
1149
1567
depositions of, to perpetuate testi-
mony....
two necessary to will..
(See, chapters Asylum-State Lu-
natic; Inquests; Perpetuating
Testimony; Practice in Civil
Cases, and Practice in Criminal
Cases.)
1581
how served.......
1581
return upon, conclusive, when,
1581, 1582
return upon, shall be verified by
affidavit, when……………….
Suit shall abate, when party causes
witnesses to be wrongfully ar-
rested
WOLVES.-CHAPTER 169....
...
1581, 1582
CHAPTER 169.........1583, 1584
Certificate, granted by clerk....1583, 1584
to be taken by collector....
1584
Clerk of County Court, wolf scalp to
1581
be produced to.
1583
ness, how and by whom.
Summons, shall be issued for wit-
may be served in any county........ 1580
Vendor not a competent witness,
duties of...…….
1583, 1584
1580
fees of........
1584
Collector, to receive certificate....... 1584
allowed pay for same..
1584
when.....
.....1577, 1578
Reward, for killing wolves....
1583
Verdict not admissible as evidence,
when and for whom.......
Wife not a competent witness, when, 1578
Witnesses, how summoned.
1580
1579
duties to be performed by person
claiming
1583
summons for, to contain names of
all......
1580
summoned, and failing to attend,
may be attached..
1580
may give recognizance to sheriff,
&c., for appearance, when....... 1580
cause continued by absence of,
what effect.......
not excused from answering ques-
tions
.....
1580
1579
...
not incompetent on account of re-
ligious opinions.......
1579
...
not incompetent by reason of in-
terest.
1576
what facts may be shown to
affect
1584
Wolves, premium for killing a wolf, 1583
amount paid for scalps not to ex-
ceed revenue of county........
WOMAN-(See, chapter Crimes and
Punishments.).
WOODS, MARSHES AND PRAI-
RIES. CHAPTER 170..... 1584, 1585
Damages, what amount of, may be
recovered for firing woods,
marshes, &c., willfully.....1584, 1585
divided between person suing and
county where offence is com-
mitted...
satisfaction of, shall be made to
party injured, when.......
credibility of........
1577
how recovered.....
1584, 1585
1585
1584, 1585
1878
INDEX.
יי
PAGE.
Master, liable for offence of slave in
firing, &c., when and how....... 1585
Penalty, for firing woods, marshes,
&c...
.1584, 1585
for willful firing woods, &c......... 1585
WRECKS (See, chapter Salvage.)
Wright County, limits defined.....
Writ of Error, from order vacating
497
or affirming award............197, 198
by attorneys, on charges against
them
280
in suits against boats and vessels,
costs on, regulated.
312
...
in cases of dower.......
444
680
in actions of ejectment.........693, 694
in cases of escheat.....
720
in cases of partition
1122
in suits for freedom.
(See, chapters Divorce and Ali-
mony, and Practice in Civil
Cases.)
Writ of Inquiry-(See, chapter
Practice in Civil Cases.)
812
Writs and Process.
Writ of Possession-(See, chapters
Boats and Vessels; Landlords
and Tenants, and Practice in
Civil Cases.)
WRITS AND PROCESS.
PROCESS.-CHAPTER
PAGE.
171............
1585, 1586
Writs and Process, shall run in the
name of the "State of Missouri," 1585
shall be tested, how, and by whom,
1585, 1586
shall be sealed with judicial seal,
1585, 1586
issued by judge or justice of the
peace
shall not be served on Sunday or
1586
Fourth of July, except, when... 1586
service of, shall be void, when..... 1586
when not served, alias may issue, 1586
may be issued in vacation, when.. 1586
WRITS
(See, chapters Attachment;
Court Law Commissioner's;
and Practice in Civil Cases.)
ERRATA.
Page 453, twelfth line from bottom, read "convicted" for "committed." This error
occurs in the rolls.
Page 691, seventh line from top, read "specified" for "speficied.
>>
Page 886, twenty-fifth line from top, read "herein before" for "hereinafter." This
error occurs in the rolls.
Page 910, twenty-third line from top, read "6" for "3."
Page 1372, seventeenth line from top, read "21" for "15."
..

;
KAN
ཅད་དངོས
6
7
i


UNIV. OF MICH
JUN 3 190
35.7 کیر
ふ
​954
381.
UNIVERSITY OF MICHIGAN
3 9015 06369 0278
183571-
{