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 22
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If the person thus assessed or charged with the value of one-half of any fence, shall neglect or refuse to pay over to the owner of such fence the amount so awarded, the same may be recovered before a justice of the peace or other court of competent jurisdiction.
ROADS, HIGHWAYS AND BRIDGES.
The overseers of highways in each road district in each township, shall have care and superintendence of all highways and bridges therein, and it shall be their duty to have all highways and bridges kept in good repair, and to cause to be built all such bridges as public necessity may require, said bridges to be built by contract, let to the lowest responsible bidder, and to be paid for out of any money in the overseer's hands, or in the treasury for road or bridge purposes. But in no case shall the overseer take such contract, either for himself or by his agent.
It shall be the duty of the overseer of highways to name all residents of the district against whom a land or personal tax is assessed, giving them two days notice to work out the same upon the highways, and he shall receive such tax in labor from every able bodied man, or his or her substitute, at the rate of $1.50 per day, and in proportion for a less amount, provided that any person may pay such tax in money. The township board of directors shall have the power to assess upon all real estate and personal property in their township made taxable by law for state and county purposes, a sufficient tax to keep the roads and highways of the various road districts in their township in good repair, which tax shall be levied as follows: for every one mill tax upon the dollar levied upon real and personal property, as valued on the assessor's roll of the previous year, the township board of directors shall require one day's work of each person subject to work on roads and highways, and no more.
SUPPORT OF THE POOR.
Poor persons shall be relieved, maintained and supported by the county of which they are inhabitants.
Aged, infirm, lame, blind, or sick persons who are unable to support
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ABSTRACT OF MISSOURI STATE LAWS.
themselves, and where there are no other persons required by law and able to maintain them, shall be deemed poor persons.
No person shall be deemed an inhabitant within the meaning of this chapter, who has not resided for the space of twelve months next preced- ing 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 impos- ing the burden 'or keeping such person on the county where he or she last resided for the time aforesaid.
LANDLORDS AND TENANTS.
Every landlord shall have a lien on the crops grown on the demised premises in any year for the rent that shall accrue for such year; and such lien shall continue for eight months after such rent shall become due and payable, and no longer. When the demised premises or any portion thereof are used for the purpose of growing nursery stock, the lien shall exist and continue in such stock until the same shall have been removed from the premises and sold.
No tenant for a term, not exceeding two years, or at will, or by suffer- ance, 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.
Either party may terminate a tenancy from 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 tenancy at will, or by sufferance, or for less than one year, may be terminated by the person entitled to the possession, by giving one month's notice, in writing to the person in possession, requiring him to remove. All contracts or agreements for the leasing, renting, or occupation of stores, shops, houses, tenements, or other buildings in cities, towns, or villages, not made in writing, signed by the parties thereto, or their agents, shall be held and taken to be tenancies from month to month; and all such tenan- cies may be terminated by either party thereto, or his agent, giving to the other party or his agent one month's notice in writing, of his intention to terminate such tenancy.
No notice to quit shall be necessary from or to a tenant whose time is to end at a certain time, or where by special agreement, notice is dis- pensed with.
A landlord may recover a reasonable satisfaction for the use and occu- pation of any lands or tenements, held by any person under an agreement not made by deed.
Property exempt from execution shall be also exempt from attachment for rent, except the crops grown on the demised premises on which the rent claimed is due.
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ABSTRACT OF MISSOURI STATE LAWS.
If any tenant for life or years, shall commit waste during his estate or term, of any thing 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 so wasted and pay treble the amount at which the waste shall be assessed.
BILL OF SALE.
A bill of sale is a written agreement to another party for a considera- tion to convey his right and interest in the personal property. The pur- chaser must take actual possession of the property, or the bill of sale must be acknowledged and recorded.
COMMON FORM OF BILL OF SALE.
Know all men by these presents, That I, David Franklin, of Lexington, Missouri, of the first part, for and in consideration of three hundred dollars, to me in hand paid by Albert Brown, of the same place, of the second part, the receipt whereof is hereby acknowledged, have sold, and by this instrument do convey unto the said Brown, party of the second part, his executors, administrators and assigns, my undivided half of forty acres of corn now growing on the farm of William Mason, in the township of Jackson, Lafayette county, Missouri; one pair of horses, twenty head of hogs, and six cows belonging to me and in my possession at the farm aforesaid; to have and to hold the same unto the party of the second part, his heirs, executors, and assigns, forever. And I do for myself and legal representatives agree with the said party of the second part, and his legal representatives, to warrant and defend the sale of the aforementioned property and chattels, unto the said party of the second part, and his legal representatives, against all and every person whatsoever.
In witness whereof, I have hereunto affixed my hand this first day of June, one thousand eight hundred and seventy-six.
DAVID FRANKLIN.
BENEVOLENT, RELIGIOUS, AND EDUCATIONAL ASSOCI- ATIONS.
Any lodge of Free Masons, or Odd Fellows, division of Sons of Tem- perance or any other association organized for benevolent or charitable purposes, or any library company, school, college, or other association, organized for the promotion of literature, science, or art, or any gymnastic or other association, organized for the purpose of promoting bodily or mental health, and all societies, organized for the purpose of promoting either of the objects above named, and for all similar purposes, by what- ever name they may be known, consisting of not less than three persons, may be constituted and declared a body politic and corporate, with all the privileges, and subject to all the liabilities and restrictions contained in this act. Acts 1868, page 28.
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ABSTRACT OF MISSOURI STATE LAWS.
All associations incorporated under the provisions of the above law shall file a copy of all amendments to their articles of association, certified as such under their seal, with the clerk of the circuit court, within sixty days after their passage.
Any number of persons, not less than three in number, may become an incorporated church, religious society, or congregation, by complying with the provisions of this chapter, except that it will be sufficient if the petition be signed by all the persons making the application, and when so incorporated, such persons and their associates and successors shall be known by the corporate name specified in the certificate of incorporation, and shall be entitled to all the privileges, and capable of exercising all the powers conferred, or authorized to be conferred by the constitution of this state upon such corporation. Acts 1871-2, P. 16, Sec. 1.
Any such corporation shall have power to raise money in any manner agreed upon in the articles of association.
INTOXICATING LIQUORS.
A dramshop-keeper is a person permitted by law to sell intoxicating liquors in any quantity not exceeding ten gallons.
No person shall directly or indirectly sell intoxicating liquors in any quantity less than one gallon without taking out a license as a dramshop- keeper.
Application for a license as a dramshop-keeper shall be made in writing to the county court, and shall state where the dramshop is to be kept, and if the court shall be of opinion that the applicant is a person of good character, the court may grant a license for six months.
Any sale, gift or other disposition of intoxicating liquors made to any minor without the permission or consent herein required, or to any hab- itual drunkard, by any clerk, agent, or other person acting for any dram- shop-keeper, druggist, merchant, or other person, shall be deemed and taken to be as the act of such dramshop-keeper, druggist, merchant, or other person.
Intoxicating liquors may be sold in any quantity not less than a quart at the place where made, but the maker or seller shall not permit or suffer the same to be drank at the place of sale, nor at any place under the control of either or both. Any person convicted of a violation of the provisions of this section shall be fined a sum not less than $40 nor more than $200. Provided, that nothing herein contained shall be so con- strued as to affect the right of any person having a wine and beer house license to sell wine and beer in any quantity not exceeding ten gallons at any place.
Any dramshop-keeper, druggist, or merchant selling, giving away or otherwise disposing of any intoxicating liquors to any habitual drunkard,
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ABSTRACT OF MISSOURI STATE LAWS.
after such dramshop-keeper, druggist, or merchant shall have been noti- fied by the wife, father, mother, brother, sister, or guardian of such per- son not to sell, give away or furnish to such person any intoxicating liquors, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than $40 nor more than $200, and upon conviction of any dramshop-keeper it shall work a forfeiture of his license to keep a dramshop, and also debar him from again obtaining a license for that purpose.
GENERAL WARRANTY DEED.
This Indenture, made on the .... day of .... A. D. one thousand eight hundred and .... , by and between .... of .... part .... of the first part, and .... of the .... of .... , in the state of .... part .. of the second part.
WITNESSETH, That the said part. . of the first part, in consideration of the sum of .... 10dollars, to .... paid by the said part .. of the second part, the receipt of which is hereby acknowledged, do .. by these pres- ents, grant, bargain, and sell, convey, and confirm, unto the said part .. of the second part, .... heirs and assigns, the following described lots, tracts, or parcels of land, lying, being and situated in the .... of .... and state of .... , to-wit:
[Give description of property.]
To have and to hold the premises aforesaid, with all and singular, the rights, privileges, appurtenances, immunities, and improvements thereto belonging, or in any wise appertaining unto the said part. . of the second part, and unto .... heirs and assigns, forever; the said .... hereby cov- enanting that .... will warrant and defend the title to the said premises unto the said part .. of the second part and unto .... heirs and assigns forever, against the lawful claims and demands of all persons whom- soever.
In witness whereof, the said part .. of the first part ha. . hereunto set .. hand .. and seal .. the day and year first above written.
Signed, sealed and delivered in presence of us.
[SEAL]
[SEAL]
STATE OF MISSOURI, -
of. . . . ss. Be it remembered, that on this .... day of .... A. D. 18 ... ., before the undersigned, a .... within and for the .... of .... and state of .... personally came .... who are personally known to me to be the same persons whose names are subscribed to the fore- going instrument of writing as parties thereto, and they acknowledged the same to be their act and deed for the purposes therein mentioned. And the said .... being by me first made acquainted with the contents of said instrument, upon an examination separate and apart from .... hus- band .... , acknowledged that .... executed the same, and relinquishes
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ABSTRACT OF MISSOURI STATE LAWS.
.... dower, in the real estate therein mentioned, freely and without fear, compulsion or undue influence on the part of .... said husband ....; and I certify that my term of office as a notary public will expire 18 .....
In testimony whereof, I have hereunto set my hand and affixed my official seal, at my office in .... this day and year first above written.
QUIT-CLAIM DEED.
This indenture, made on the . ... day of .... , A. D. one thousand eight hundred and .... , by and between ... , of the county of .... , and state of .. ., part of the first part, and .. . .... , and state of .... , part of the second part,
Witnesseth, That the said part of the first part, in consideration of the sum of .... 100 dollars, to .... paid by the said part of the second part, the receipt of which is hereby acknowledged, do by these presents, remise, release, and forever quit-claim unto the said part of the second part, the following described lots, tracts, or parcels of land, lying, being and situate in the county of .... , and state of .... , to wit: [Give descrip- tion of property.]
* [This deed of quit-claim being made in release of, and satisfaction for a certain deed .... dated the .. day of .... , 18 ..; recorded in the recor- der's office, within and for the county of .... aforesaid, in deed book .. , at pages .... ]
To have and to hold the same, with all the rights, immunities, privileges and appurtenances thereto belonging, unto the said part of the second part, and .... heirs and assigns, forever; so that neither the said part of the first part nor .... heirs, nor any other person or persons for .... or in .... name or behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises, or any part thereof, but they and every of them shall, by these presents, be excluded and forever barred.
In witness whereof, That said part of the first part ha hereunto set .... hand and seal , the day and year first above written.
Signed, sealed and delivered in presence of us.
[SEAL]
[SEAL]
[Acknowledgment same as in General Warranty Deed.]
MORTGAGE DEED.
Know all men by these presents, that, .... of the county of. ... , in the state of .... for and in consideration of the sum of .... dollars, to the said .. in hand paid by .... of the county of .... in the state of .... ha .. .
* Omit this clause in case this deed is not made in release of some other instrument.
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ABSTRACT OF MISSOURI STATE LAWS.
granted, bargained and sold, and by these presents do .. grant, bargain and sell, unto the said .... the following described .... situated in the county of .... in the state of. ... that is to say:
[Give description of property.]
To have and to hold the property and premises hereby conveyed, with all the rights, privileges and appurtenances thereunto belonging, or in anywise appertaining, unto said .... heirs and assigns forever; upon this express condition, whereas, the said .... on the .... day of .... A. D. one thousand eight hundred and .... made, executed and delivered to the said .. .. certain .... described as follows, to-wit:
[Give description of notes, time of payment, etc.]
Now, if the said .... executor or administrator, shall pay the sum of money specified in said .... and all the interest that may be due thereon, according to the tenor and effect of said .... then this conveyance shall be void, otherwise it shall remain in full force and virtue in law.
In witness whereof, .... , the said grantor .... and mortgagor .... ha .. hereunto subscribed .... name .... and affixed .. ... seal .... this .... day of . .. , A. D. 18. ..
[SEAL.]
[SEAL.]
[Acknowledgment same as General Warranty Deed.] CHATTEL MORTGAGE.
Know all men by these presents, That .... of the county of .... , and state of .... , in consideration of the sum of .... 100 dollars, to .... paid by . of the county of .... and state of .... do sell and convey to said .... the following goods and chattels, to-wit:
[Here describe goods.]
Warranted free of incumbrances, and against any adverse claims:
Upon condition, That .... pay to the said .... the sum of. ... 100 dollars, and interest, agreeably to .... note .. dated on the .... day of .... , 18 .. , and made payable to the said .... as follows, to-wit :.... then this deed shall be void, otherwise it shall remain in full force and effect.
The parties hereto agree That, until condition broken, said property may remain in possession of .... but after condition broken, the said .... may at .... pleasure take and remove the same, and may enter into any building or premises of the said .... for that purpose.
Witness our hands and seals, this .... day of ... A. D. 18 ..
Signed, sealed and delivered in presence of us.
[SEAL.] [SEAL.]
STATE OF MISSOURI, - ss.
County of ---
Be it remembered, That on the .... day of .... A. D. 18 .. , before the undersigned, a .... within and for the county aforesaid, personally came
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ABSTRACT OF MISSOURI STATE LAWS.
.... who .... personally known to me to be the same person .... whose name .... subscribed to the foregoing chattel mortgage as part .... thereto, and acknowledged the same to be .... act and deed for the uses and purposes therein mentioned.
In testimony whereof, I have hereunto subscribed my name and affixed my .... seal, at my office in .... in said county, the day and year afore- said. My term of office as notary public will expire on the ... day of .... 18 ..
HOUSE LEASE.
This article of agreement witnesseth, That. ... ha .. this day rented to .... in the present condition thereof, the .... for the period of .... from the ...... day ...... 18 .. , on the following terms and conditions, to-wit: For the use and rent thereof, the said .... hereby promise. . to pay said .. or to .... order .... dollars, per .... for the whole time above stated, and to pay the same ..... at the ..... of each .....; that ..... will not sub-let or allow any other tenant to come in with or under .... without the written consent of said .... ; that .... will repair all injuries or dam- ages done to the premises by him or them during .... occupancy, or pay for the same; that all of .... property, whether subject to legal exemption or not, shall be bound, and subject to the payment of rents and damages thereof; that .... will take good care of the buildings and premises and keep them free from filth, from danger of fire or any nuisance and from all uses forbidden in any fire insurance policy issued thereon, .... and pro- tect, defend and indemnify the said. ... from all damages .... and charges for such, that the houses and premises shall be kept clean, fairly treated and left so; that in default of the payment of any .... installment of rent for .... day .. after the same becomes due, .... will, at the request of the said .... quit and render to .... the peaceable possession thereof; but, for this cause, the obligation to pay shall not cease, and, finally at the end of .... term .... will surrender to said .... heirs or assigns, the peaceable possession of the said house and premises, with all the keys, bolts, latches and repairs, if any, in as good condition as .... received the same, the usual wear and use and providential destruction or destruction by fire excepted.
In witness whereof, the parties have set .... hand .... and seal .... to .... cop. . hereof to be retained by ....
Dated this. ... day of .... 18 ..
ยท [SEAL.]
MECHANICS' LIENS.
Every mechanic or other person who shall do or perform any work or labor upon, or furnish any materials, fixtures, engine, boiler or machinery for any building, erection or improvements upon land, or for repairing the
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ABSTRACT OF MISSOURI STATE LAWS. 1
same under or by virtue of any contract with the owner or proprietor, or his agent, trustee, contractor or sub-contractor, shall be entitled to a lien upon such building, erection, or improvement, and upon the land belong- ing to such owner or proprietor on which the same are situated. The original contractor must within six months, and every journeyman and day laborer within thirty days, and of every other person seeking to obtain the benefit of the provisions of this chapter, within four months after the indebtedness shall have accrued, file with the clerk of the cir- cuit court of the proper county, a just and true account of the demand due him or them, after all just credits have been given, which is to be a lien upon such building or improvement, and a true description of the property or so near as toidentify the same upon which the lien is intended to apply, with the name of the owner or contractor, or both, if known to be the person filing the lien which shall in all cases be verified by the oath of himself or some credible person for him.
Every person except the original contractor, who may wish to avail himself of the benefits of the provisions of this chapter, shall give ten days notice before filing of the lien as herein required, to the owner, owners, or agent, or either of them, that he or they hold a claim against such build- ing or improvements, setting forth the amount and from whom the same is due.
All mechanics' lien holders shall stand on equal footing, without refer- ence to date of filing, and upon sale of property they shall take pro rata on the respective liens.
We only attempt to give an outline of the law of mechanics' liens to aid the general business man. Should any complicated questions arise, it is best to consult an attorney in regard to the same.
MECHANIC'S LIEN.
Now, at this day, come .... and with a view to avail .... of the benefit of the statute relating to mechanics' liens, file .. the account below set forth for work and labor done, and materials furnished by .... under contract with .... upon, to and for the buildings and improvements described as follows, to-wit:
(Give description of buildings.)
and situated on the following described premises, to-wit:
(Give description of the property upon which the building is erected.) said premise, buildings, and improvements, belonging to and being owned by .... which said account, the same being hereby filed, in order that it may constitute a lien upon the buildings, improvements, and prem- ises above described, is as follows:
[Set the account out in full.]
State of Missouri, county of .... , ss., ... .. being duly sworn, on his oath says that the foregoing is a just and true account of the demand due
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ABSTRACT OF MISSOURI STATE LAWS.
.... for work and labor done, and materials furnished by .... upon, to and for the buildings and improvements hereinbefore described, after all just credits have been given; that said work and labor were done, and said materials furnished upon, to and for said buildings and improvements by .... at the instance and request of, and under contract with ...... that the foregoing description is a true description of the property upon, to and for which said materials were furnished, and said work and labor done, and to which this lien is intended to apply, or so near as to identify the same; that said demand accrued within ... months prior to the filing of this lien, and that on the . . day of ..... , 18. . , and at least ten days prior to the filing of this lien .... gave notice to .... of his claim against the amount thereof, from whom due, and of .... intention to file a lien therefor; that said .... as affiant is informed and believes, the owner .. of the above described premises, and the buildings and improvements thereon, which said premises, buildings, and improvements are intended to be charged with this lien.
Subscribed and sworn to before me this .. day of . .. , 18 ..
BILL OF SALE OF GOODS ..
Know all men by these presents, that .... of .... for and in considera- tion of the sum of .... dollars to .. in hand paid by .... of .... the receipt whereof .. do hereby acknowledge, by these presents do bargain and sell unto the said .... all the goods, household stuff, implements and furniture, and all other goods and chattels whatsoever mentioned in the schedule hereunto annexed: To have and to hold all and singular the said goods, household stuff, and furniture, and other premises above bar- gained and sold or intended so to be, to the said .... and .. assigns for- ever. And .... the said .... for .... and .. heirs, all and singular, the goods and chattels of whatever description, unto the said .... and .. assigns against .... the said .... and against all and every other person and persons whomsoever, shall and will warrant and forever defend by these presents. Of all and singular which said goods, chattels, and property, .... the said .... have put the said .... in full pos- session by delivery to . . , the said .... one .... at the sealing and delivery of these presents, in the name of the whole premises hereby bargained and sold, or mentioned, or intended so to be unto .. , the said .... as aforesaid.
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