USA > Missouri > Carroll County > History of Carroll County, Missouri : carefully written and compiled from the most authentic official and private sources, including a history of its townships, cities, towns and villages, together with a condensed history of Missouri ; the Constitution of the United States, and State of Missouri ; a military record of its volunteers in either army of the Great Civil War ; general and local statistics ; miscellany ; reminiscences, grave, tragic and humorous ; biographical sketches of prominent men and citizens identified with the interests of the country > Part 21
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· Lots in incorporated cities or towns, or within one mile of the limits of such city or town, to the extent of one acre, and lots, one mile distant from such cities or towns, to the extent of five acres, with the buildings thereon, when the same are used exclusively for religious worship, for schools, or for purposes purely charitable, shall be exempt from taxation for state, county, or local purposes.
There shall be annually assessed and collected on the assessed value of all the real estate and personal property subject by law to taxation in the state one-fifth of one per centum for state revenue and one-fifth of one per centum for the payment of all state indebtedness.
The assessor or his deputy or deputies shall, between the first days of August and January, and after being furnished with the necessary books and blanks by the county clerk, at the expense of the county, proceed to take a list of the taxable personal property in his county, town, or district, and assess the value thereof in the manner following, to-wit: He shall call at the office, place of doing business, or residence of each person required by this act to list property, and shall require such person to make a cor- rect statement of all taxable property owned by such person, or under the care, charge, or management of such person, except merchandise, which may be required to pay a license tax, being in any county in this state, in accordance with the provisions of this act, and the person listing the property shall enter a true and correct statement of such property in a printed or written blank prepared for that purpose, which statement, after being filled out, shall be signed and sworn to, to the extent required by this act, by the person listing the property, and delivered to the assessor, and such assessor's book shall be arranged and divided into two parts: The "land list" and the "personal property list." If any tax- payer shall fail or neglect to pay such collector his taxes at the time and place required by such notices, then it shall be the duty of the collector after the first day of January then next, to collect and account for as other taxes, an additional tax, as a penalty, of one per cent per month upon all taxes collected by him after the first day of January, as afore- said, and in computing said additional tax or penalty a fractional part of a month shall not be counted as a whole month. Collectors shall on the day of their annual settlement with the county court, file with said court a statement under oath of the amount so received, and from whom received, and settle with the court therefor; provided, however, that said interest shall not be chargeable against persons who are absent from their homes
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and engaged in the military service of this state, or of the United States, or against any tax payer who shall pay his taxes to the collector at any time before the first day of January in each year; provided, that the provisions of this section shall apply to the city of St. Louis so far as the same relates to the addition of said interest which in said city shall be collected and accounted for by the collector as other taxes, for which he shall receive no compensation.
Every county collector shall on or before the fifteenth day of each month pay to the state treasurer all taxes or licenses received by him. prior to the first day of the month.
The sheriff's deed executed to the purchaser of real estate under a sale for delinquent taxes, which shall be acknowledged before the circuit court of the county or city as in ordinary cases; shall convey a title in fee to such purchaser of the real estate therein named, and shall be prima facie evidence of title, and the matters and things therein stated are true.
COURTS OF RECORD-THEIR JURISDICTION.
SUPREME COURT.
At the general election in the year eighteen hundred and eighty, and every two years thereafter, there shall be elected one judge of the supreme court, who shall hold his office for a term of ten years from the first day of January next after his election, and until his successor is duly elected and qualified. The majority of the judges may order special terms.
CIRCUIT COURTS.
At the general election in the year one thousand eight hundred and eighty, and at the general election every sixth year thereafter, except as otherwise provided by law, all the circuit judges shall be elected, and shall enter upon their offices on the first Monday in January next ensuing. Circuit courts in the respective counties in which they may be held shall have power and jurisdiction as follows: First, as courts of law in all criminal cases which shall not be otherwise provided for by law. Second, exclusive original jurisdiction in all civil cases which shall not be cogniz- able before the county courts, probate courts, and justices of the peace and not otherwise provided by law. Third, concurrent original jurisdic- tion with justices of the peace in all civil actions and proceedings for the recovery of money, whether such action be founded upon contract or trust or upon a bond or undertaking given in pursuance of law in any civil action or proceeding, or for a penalty or forfeiture given by any statute of this state when the sum demanded, exclusive of interest and cost, shall exceed fifty dollars and does not exceed one hundred and fifty dollars, and of all actions against any railroad company in this state to recover damages for the killing or injuring of horses, mules, cattle or
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other animals, without regard to the value of such animals or the amount claimed for killing or injury, the same in all counties or cities having over fifty thousand inhabitants; concurrent original jurisdiction with justices of the peace of all actions and proceedings for the recovery of money, whether such actions be founded upon contract or tort or upon a bond or undertaking given in any civil action or proceeding, or for a penalty or forfeiture given by any statute of this state when the sum demanded, exclusive of interest and cost, shall exceed fifty dollars and not exceed two hundred and fifty dollars, and of all actions against any railroad com- pany in this state to recover damages for the killing or injuring horses, mules, cattle or other animals, without regard to the value of such ani- mals or the amount of damages claimed for killing or injuring the same. Fourth, appellate jurisdiction from the judgments and orders of the coun- ty court, probate court, and justices of the peace in all cases not expressly prohibited by law, and shall possess the superintending control over them. Fifth, the general control over executors, administrators, guardians, cura- tors, minors, idiots, lunatics, and persons of unsound mind.
COUNTY COURT.
The county court shall be composed of three members, to be styled the judges of the county court; and each county shall be districted by the county court thereof into two districts of contiguous territory, as near equal in population as practicable, without dividing municipal townships. Judges of this court shall be elected for a term of two years. At the general election of 1882, they shall be elected for four years. Four terms of the county court shall be held in each county annually, at the place of holding courts therein, commencing on the first Monday in February, May, August, and November, and shall also have power to order special terms. This court has control of county property, settling with county treasurers, etc.
PROBATE COURTS.
A probate court which shall be a court of record and consist of one judge is hereby established in the city of St. Louis and in every county in this state.
Jurisdiction-Said court shall have jurisdiction over all matters per- taining to probate business, to granting letters testimentary and of adminis- tration, the appointment of guardians and curators of minors and per- sons of unsound mind, settling the accounts of executors, administrators, curators and guardians, and the sale or leasing of lands by administrators, curators and guardians, and over all matters relating to apprentices, and such judges shall have the power to solemnize marriages.
Judges of this court shall be elected in the year eighteen hundred and seventy-eight, and every four years thereafter. Said judge shall be com- missioned by the governor and shall hold his office for four years.
REV. JAMES M. GOODSON
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ABSTRACT OF MISSOURI STATE LAWS.
ST. LOUIS COURT OF APPEALS.
The qualified voters of the counties of the city of St. Louis, the counties of St. Louis, St. Charles, Lincoln and Warren, shall elect a judge of the St. Louis court of appeals, who shall be a resident of district composed of said counties, and who shall hold offices for a term of twelve years. The St. Louis court of appeals shall consist of three judges, who shall possess the same qualifications as judges of the supreme court. The court shall have a marshal, janitor and reporter.
LIMITATIONS OF ACTIONS.
CRIMINAL PROCEDURE.
Offenses punishable with death or imprisonment in the penitentiary dur- ing life, may be prosecuted at any time after the offense shall have been committed.
For felonies other than above mentioned, within three years after the commission of the offense.
For any offense other than felony or fine or forfeiture, within one year after the commission of the offense.
Actions and suits upon statute for penalty or forfeiture given in whole or part, to any person who will prosecute within one year after the com- missions of the offense.
When penalty is given in whole or in part to the state, or county or city or the treasurer of the same, suit must be brought within two years.
Actions upon any statute for any penalty or forfeiture given in whole or in part to the party aggrieved within three years.
Actions against moneyed corporations, or against the directors or stock- holders of the same, shall be brought within six years of the discovery.
LIMITATION OF PERSONAL ACTIONS.
Civil actions other than those for the recovery of real propery, must be commenced within the periods here prescribed.
Actions upon any writing, whether sealed or unsealed, for the payment of money or property, within ten years.
Actions brought on any covenant of warranty in deed, or conveyance of land, within ten years.
Actions on any covenant of seizure contained in any such deed, within ten years.
Actions upon contracts, obligations, or liabilities- express or implied, except as above mentioned, and except upon judgments or decrees of a court of record, within five years.
12
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ABSTRACT OF MISSOURI STATE LAWS.
. Actions upon liability created by statute, other than penalty or forfeiture, five years.
Actions for trespass on real estate, five years.
Actions for taking, detaining, or injuring any goods or chattels, includ- ing actions for the recovery of specific personal property, or for any other injury to the person or rights of another not arising on contract and not otherwise enumerated, five years.
Actions for relief on the ground of fraud, five years.
Actions against a sheriff, coroner, or other public officer upon a liability incurred by doing an act in his official capacity, or the omission of an official duty, non-payment of money collected, etc., three years.
Actions upon a statute for a penalty or forfeiture where the action is given to the party aggrieved, or to such party and the state, three years.
Actions for libel, slander, assault and battery, false imprisonment, or ·criminal conversation, two years.
LIMITATIONS OF ACTIONS RELATING TO REAL PROPERTY.
Actions for the recovery of any lands, tenements, or hereditaments, or for the recovery of the possession thereof, shall be commenced by any person whether citizen, denizen, alien, resident or non-resident, unless his ancestor, predecessor, grantor, or other person under whom he claims was seized or possessed of the premises in question, within ten years before the commencement of such actions, except in case of military bounty lands, which must be brought within two years.
No entry upon any lands, tenements or hereditaments shall be valid as a claim, unless the 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 accrued.
If any person entitled to bring an action as above stated, shall be under twenty-one years of age, or imprisoned for less than life, or insane, or a married woman, the time during such disability shall continue, shall not be deemed any portion of the time limited for the commencement of such action or the making of such entry after the time so limited, and may be brought in three years after the disability is removed.
If any person having the right to bring such action or make such entry, die during the disability mentioned, and no determination be had of the right, title, or action to him accrued, his heirs or any one claiming under him, may commence such action within three years.
JURIES.
SELECTION OF GRAND JURY.
A grand jury shall consist of twelve men, and, unless otherwise ordered, as hereinafter provided, it shall be the duty of the sheriff of each county in the state to summon within the time prescribed by law a panel of
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grand jurors, consisting of twelve good and lawful men, selected from the different townships of his county, as near as may be in proportion to the number of male citizens in each, to be returned to each regular term of the courts in his county having criminal jurisdiction.
Every juror, grand and petit, shall be a male citizen of the state, resident in the county, sober and intelligent, of good reputation, over twenty-one years of age, and otherwise qualified.
In all counties having a population less than twenty thousand inhabit- ants, every juror, grand and petit, shall be a male citizen of the state, resident in the county, sober and intelligent, of good reputation, over twenty-one years of age, and otherwise qualified.
No exception to a juror on account of his citizenship, non-residence, state, or age, or other legal disability, shall be allowed after the jury is sworn.
No person being a member of any volunteer fire department duly organized and ready for active service; no person employed in any paid fire department, and no person exercising the functions of a clergyman, practitioner of medicine, or attorney-at-law, clerk or other officer of any court, ferry-keeper, postmaster, overseer of roads, coroner, constable, miller, professor or other teacher in any school or institution of learning, judge of a court of record, or any person over the age of sixty-five years shall be compelled to serve on any jury.
No person shall be summoned to serve at more than one term of court, either as grand or petit juror, within the period of one year in any court of record. Each person summoned under this act shall receive one dollar and fifty cents per day for every day he shall serve as such, and five cents for every mile he may necessarily travel in going from his place of resi- dence to the court house and returning to the same, to be paid out of the county treasury.
All persons duly summoned as grand or petit jurors may be attached for non-attendance, and fined by the court for contempt in any sum not exceeding fifty dollars, in the discretion of the court.
In all suits which hereafter may be pending in any court of record in this state the clerk shall, if a jury be sworn to try the same, tax up as other costs against the unsuccessful party a jury fee of six dollars, which shall be collected by the sheriff, and paid into the hands of the county treasurer, who shall keep an account thereof, in a separate book to be provided for that purpose, and the money so collected and paid in shall constitute a jury fund.
Grand jurors shall not be compelled to serve on a petit jury during the same term.
In all civil cases in courts of record, where a jury is demanded, there shall be summoned and returned eighteen qualified jurors; but in appeal
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cases the number shall be the same as allowed by law in the courts from which the appeals are taken, and the number of peremptory challenges in addition.
In the trial of civil causes, each party shall be entitled to challenge per- emptorily three jurors.
MARRIED WOMEN.
The homestead of every housekeeper or head of a family, consisting of a dwelling-house and appurtenances, and the land used in connection there- with, which shall be used by such housekeeper or head of a family as such homestead, shall be exempt from attachment and execution. Such home- stead in the country shall not include more than 160 acres of land or exceed the total value of $1,500; and in cities having a population of 40,000 or more such homestead shall not include more than eighteen square rods of ground, or exceed the total value of three thousand dollars; and in cities or incorporated towns and villages having a less population than 40,000, such homestead shall not include more than thirty square rods of ground, or exceed the total value of $1,500. After the filing by the wife of her claim upon the homestead as such, the husband shall be debarred from and incapable of selling, mortgaging or alienating the homestead in any manner whatever.
A husband and wife may convey the real estate of the wife, and the wife may relinquish her dower in the real estate of her husband, by their joint deed, acknowledged and certified as herein provided, but no covenant expressed or implied in such deed shall bind the wife or the heirs except so far as may be necessary effectually to convey from her or her heirs all her right, title and interest expressed to be conveyed therein.
A married woman may convey her real estate or relinquish her dower in the real estate of her husband by a power of attorney authorizing its conveyance, executed and acknowledged by her jointly with her husband, as deeds conveying real estate by them are required to be executed and acknowledged.
If any married woman shall hold real estate in her own right, and her husband, by criminal conduct toward her, or by ill usage, shall give such married woman cause to live separate and apart from her husband, such woman may by her next friend petition the circuit court, setting forth such facts, and therein pray that such estate may be enjoyed by her for her sole use and benefit.
Any personal property, including rights in action, belonging to any woman at her marriage, or which may have come to her during coverture by gift, bequest or inheritance, or by purchase with her separate money or means, or be due as the wages of her separate labor, or have grown out of any violation of her personal rights, shall, together with all income, increase and profits thereof, be and remain her separate property, and
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under her sole control, and shall not be liable to be taken by any process of law for the debts of her husband.
EXEMPTIONS FROM EXECUTION.
Whenever the personal property of any homestead or head of a family. shall be attached or taken in execution, the debtor therein shall claim that the same, or any part thereof, is the product of such homestead, the officer taking the same shall cause appraisers to be appointed and sworn, as in the case of the levy of execution on real- estate, and such appraisers shall decide upon such claim and settle the products of such homestead to such debtor accordingly, and the proceedings therein shall be stated by such officer in his return.
Any policy of insurance heretofore or hereafter made by any insurance company on the life of any person, expressed to be for the benefit of any .. married woman, whether the same be effected by herself or by her hus- band, or by any third person in her behalf, shall inure to her separate use and benefit and that of her children, if any, independently of her husband and of his creditors and representatives, and also independently of such third person effecting the same in his behalf, his creditors and representa- tives.
The following property only shall be exempt from attachment and exe- cution when owned by any person other than the head of a family: First, the wearing apparel of all persons. Second, the necessary tools and implements of trade of any mechanic while carrying on his trade.
The following property, when owned by the head of a family, shall be exempt from attachment and execution. First, ten head of choice hogs, ten head of choice sheep, or the product thereof, in wool, yarn or cloth; two cows and calves, two plows, one axe, one hoe and one set of plow gears and all necessary farm implements for the use of one man. Second, working animals of the value of one hundred and fifty dollars. Third, the spinning wheel and cards, one loom and apparatus necessary for man- ufacturing cloth in a private family. Fourth, all the spun yarn, thread and cloth, manufactured for family use. Fifth, any quantity of hemp, flax and wool not exceeding twenty-five pounds each. Sixth, all wearing apparel of the family, four beds with their usual bedding, and such other household and kitchen furniture not exceeding the value of one hundred dollars, as may be necessary for the family, agreeably to an inventory thereof to be returned on oath, with the execution, by the officer whose duty it may be to levy the same. Seventh, the necessary tools and imple- ments of trade of any mechanic, while carrying on his trade. Eighth, all arms and equipments required by law to be kept. Ninth, all such provisions as may be found on hand for family use, not exceeding one hundred dollars in value. Tenth, the bibles and other books used in a
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family, lettered grave stones, and one pew in a house of worship. Eleventh, all lawyers, physicians and ministers of the gospel shall have the privilege of selecting such books as may be necessary in their profes- sion, in the place of other property herein allowed at their option; that doctors of medicine in lieu of the property exempt from execution, may be allowed to select their medicines. In all cases of the sale of per- sonal property, the same shall be subject to execution against the pur- chaser on a judgment for the purchase price thereof, and shall in no case be exempt from such judgment and execution for the purchase price as between the vendor, his assignee, heir or legal representative and pur- chaser.
FENCES.
All fields and inclosures shall be inclosed by hedge, or with a fence sufficiently close, composed of posts and rails, posts and palings, posts and planks, posts and wires, palisades or rails alone, laid up in the manner com- monly called a worm fence, or of turf with ditches on each side, or of stone or brick.
All hedges shall be at least four feet high, and all fences composed of posts and rails, posts and palings, posts and wire, posts and planks or pal- isades shall be at least four and a half feet high; those composed of turf shall be at least four feet high and with ditches on either side, at least three feet wide at the top and three feet deep; and what is commonly called a worm fence shall be at least five feet high to the top of the rider, or if not ridered shall be five feet to the top of the top rail or pole and shall be locked with strong rails, poles or stakes; those composed of stone or brick shall be at least four and a half feet high.
Wherever the fence of any owner of real estate now erected or con- structed, serves to enlose the lands of another, or which shall become a part of the fence enclosing the land of another, on demand made by the person owning such fence, such other person shall pay the owner one- half the value of so much thereof as serves to enclose his land; and upon such payment shall own an undivided half of such fence.
Provided, The person thus benefitted shall have the option to build within eight months from date of such demand, a lawful fence half the distance along the line covered by the above mentioned fence. The demand shall be made in writing and served on the party interested, his agent or attorney, or left with some member of the family over fourteen years of age, at his usual place of abode. If the party notified fails to comply with the demand within the specified time, the party making the demand may, at his option, proceed to enforce the collection of one-half the value of such fence, or remove his fence without any other or further notice.
Every person owning a part of a division fence, shall keep the same in
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good repair, according to the requirements of the act, and upon neglect or refusal to do so, shall be liable in double damages to the party injured thereby.
If the parties interested shall fail to agree as to the value of one-half of such fence, the owner of the fence may apply to a justice of the peace of the township, who shall, without delay, issue an order to three disinter- ested householders of the township, not of kin to either party, reciting the complaint, and requiring them to view the fence, estimate the value thereof, and make return under oath to the justice on the day named in the order.
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