USA > Missouri > Lafayette County > History of Lafayette county, Mo. , carefully written and compiled from the most authentic official and private sources, including a history of its townships, cities, towns, and villages > Part 19
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75
SEC. 6. All officers, both civil and military, under the authority of this state, shall, before entering on the duties of their respective offices, take and subscribe an oath,or affirmation, to support the constitution of the
11
162
CONSTITUTION OF MISSOURI.
United States and of this state, and to demean themselves faithfully in office.
SEC. 7. The general assembly shall, in addition to other penalties, provide for the removal from office of county, city, town and township officers, on conviction of willful, corrupt or fraudulent violation or neglect of official duty.
SEC. 8. The compensation or fees of no state, county or municipal officer shall be increased during his term of office; nor shall the term of any office be extended for a longer period than that for which such officer was elected or appointed.
SEC. 9. The appointment of all officers not otherwise directed by this constitution, shall be made in such manner as may be prescribed by law.
SEC. 10. The general assembly shall have no power to authorize lot- teries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this state; and all acts or parts of acts heretofore passed by the legislature of this state, authorizing a lottery or lotteries, and all acts amendatory thereof, or supplemental thereto, are hereby avoided.
SEC. 11. It shall be the duty of the grand jury in each county, at least once a year, to investigate the official acts of all officers having charge of public funds, and report the result of their investigations in writing to the court.
SEC. 12. Senators and representatives shall, in all cases, except trea- son, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and for fifteen days next before the com- mencement and after the termination of each session; and for any speech or debate in either house they shall not be questioned in any other place.
ARTICLE XV .- MODE OF AMENDING THE CONSTITUTION.
SECTION 1. This constitution may be amended and revised only in pursuance of the provisions of this article.
SEC. 2. The general assembly may, at any time, propose such amend- ments to this constitution as a majority of the members elected to each house shall deem expedient; and the vote thereon shall be taken by yeas and nays, and entered in full on the journals. The proposed amendments shall be published with the laws of that session, and also shall be published weekly in some newspaper, if such there be, within each county in the state, for four consecutive weeks next preceding the general election then next ensuing. The proposed amendments shall be submitted to a vote of the people, each amendment separately, at the next general election there- after, in such manner as the general assembly may provide. If a major- ity of the qualified voters of the state, voting for and against any one of said' amendments, shall vote for such amendment, the same shall be deemed and taken to have been ratified by the people, and shall be valid and binding, to all intents and purposes, as a part of this constitution.
SEC. 3. The general assembly may at any time authorize, by law a vote of the people to be taken upon the question whether a convention shall be held for the purpose of revising and amending the constitution of this state; and if at such election a majority of the votes on the question be in favor of a convention, the governor shall issue writs to the sheriffs of the different counties, ordering the election of delegates to such a conven-
163
CONSTITUTION OF MISSOURI.
tion, on a day not less than three and within six months after that on which the said question shall have been voted on. At such election each senato- rial district shall elect two delegates for each senator to which it may then be entitled in the general assembly, and every such delegate shall have the qualifications of a state senator. The election shall be conducted in conformity with the laws regulating the election of senators. The dele- gates so elected shall meet at such time and place as may be provided by law, and organize themselves into a convention, and proceed to revise and amend the constitution; and the constitution when so revised and amend- ed, shall, on a day to be therein fixed, not less than sixty days or more than six months after that on which it shall have been adopted by the conven- tion, be submitted to a vote of the people for and against it, at an election to be held for that purpose; and, if a majority of all the votes given be in favor of such constitution, it shall, at the end of thirty days after such elec- tion became the constitution of this state. The result of such elec- tion shall be made known by proclamation by the governor. The general assembly shall have no power, otherwise than in this section specified, to authorize a convention for revising and amending the constitution.
SCHEDULE.
That no inconvenience may arise from the alteration and amendments · in the constitution of this state, and to carry the same into complete effect, it is hereby ordained and declared:
SECTION 1. That all laws in force at the adoption of this constitution, not inconsistent therewith, shall remain in full force until altered or re- pealed by the general assembly; and, all rights, actions, prosecutions, claims and contracts of the state, counties, individuals or bodies corporate not inconsistent therewith, shall continue to be as valid as if this constitution had not been adopted. The provisions of all laws which are inconsistent with this constitution, shall cease upon its adoption, except that all laws which are inconsistent with such provision of this constitution, as require legislation to enforce them, shall remain in force until the first day of July, one thousand eight hundred and seventy-seven, unless sooner amended or repealed by the general assembly.
SEC. 2. That all recognizances, obligations and all other instruments, entered into or executed before the adoption of this constitution, to this state or to any subdivision thereof, or any municipality therein; and all fines, taxes, penalties and forfeitures, due or owing to this state, or any such subdivision or municipality; and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the adoption of this constitution. All indictments which shall have been found or may hereafter be found, for any crime or offense committed before this constitution takes effect, may be proceeded upon as if no change had taken place, except as otherwise provided in this constitution.
SEC. 3. All county and probate courts, as now constituted and organ- ized, shall continue with their jurisdiction, until the general assembly shall by law conform them in their organization to the requirements of this constitution.
SEC. 4. All criminal courts organized and existing under the laws of this state, and not specially provided for in this constitution, shall continue to exist until otherwise provided by law.
SEC. 5. All courts of common pleas existing and organized in cities
164
CONSTITUTION OF MISSOURI.
and towns having a population exceeding three thousand five hundred in- habitants, and such as by the law of their creation are presided over by a judge of a circuit court, shall continue to exist and exercise their present jurisdiction, until otherwise provided by law. All other courts of common pleas shall cease to exist at the expiration of the present terms of office of the several judges thereof.
SEC. 6. All persons now filling any office or appointment in this state, shall continue in the exercise of the duties thereof, according to their re- spective commissions or appointments, unless otherwise provided by law.
SEC. 7. Upon the adoption of this constitution, all appeals to, and writs of error from the supreme court, shall be returnable to the supreme court at the city of Jefferson.
SEC. 8. Until the general assembly shall make provision for the pay- ment of the state and railroad indebtedness of this state, in pursuance of section fourteen of article ten of this constitution, there shall be levied and collected an annual tax of one-fifth of one per centum on all real estate and other property and effects subject to taxation, the proceeds of which shall be applied to the payment of the interest on the bonded debt of this. state as it matures, and the surplus, if any, shall be paid into the sinking fund and thereafter applied to the payment of such indebtedness, and to no other purpose.
SEC. 9. This constitution shall be submitted to the people of this state for adoption or rejection, at an election to be held for that purpose only, on Saturday, the thirtieth day of October, one thousand eight hundred and seventv-five. Every person entitled to vote under the constitution and laws of this state shall be entitled to vote for the adoption or rejection of this constitution. Said election shall be held, and said qualified electors shall vote at the usual places of voting in the several counties of this state; and said election shall be conducted, and returns thereof made, according to the laws now in force regulating general elections.
SEC. 10. The clerks of the several county courts in this state, shall, at least five days before said election, cause to be delivered to the judges of election in each election district or precinct, in their respective counties, suitable blank poll books, forms of return and five times the number of properly prepared printed ballots for said election, that there are voters in said respective districts, the expense whereof shall be allowed and paid by the several county courts, as other county expenditures are allowed and paid.
SEC. 11. At said election the ballots shall be in the following form: New constitution ticket, (erase the clause you do not favor.) New consti- tution, - Yes. New constitution, - No. Each of said ticket sshall be counted as a vote for or against this constitution, as the one clause or the other may be canceled with ink or pencil by the voter, and returns thereof shall be made accordingly. If both clauses of the ticket be erased, or if neither be erased, the ticket shall not be counted.
SEC. 12. The returns of the whole vote cast for the adoption and against the adoption of this constitution shall be made by the several clerks, as'now provided by law in case of the election of state officers, to the secretary of state, within twenty days after the election; and the re- turns of said votes shall, within ten days thereafter, be examined and canvassed by the state auditor, state treasurer and secretary of state, or any two of them, in the presence of the governor, and proclamation shall be made by the governor forthwith of the result of the canvass.
165
CONSTITUTION OF MISSOURI.
SEC. 13. If, upon such canvass, it shall appear that a majority of the votes polled were in favor of the new constitution, then this constitution shall, on and after the thirtieth day of November, one thousand eight hun- dred and seventy-five, be the supreme law of the state of Missouri, and the present existing constitution shall thereupon cease in all its provisions; but if it shall appear that a majority of the votes polled were against the new constitution, then this constitution shall be null and void, and the existing constitution shall continue in force.
SEC. 14. The provisions of this schedule required to be executed prior to the adoption or rejection of this constitution, shall take effect and be in force immediately.
SEC. 15. The general assembly shall pass all such laws as ·may be necessary to carry this constitution into full effect.
SEC. 16. The present secretary of state, state auditor, attorney-general, and superintendent of public schools, shall, during the remainder of their terms of office, unless otherwise directed by law, receive the same com- pensation and fees as is now provided by law; and the present state treas- urer shall, during the remainder of the term of his office, continue to be governed by existing law, in the custody and disposition of the state funds, unless otherwise directed by law.
SEC. 17. Section twelve of [the] bill of rights shall not be so construed as to prevent arrests and preliminary examination in any criminal case.
Done in convention, at the capitol, in the city of Jefferson, on the second day of August, in the year of our Lord, one thousand eight hundred and seventy-five, and of the inde- pendence of the United States the one hundredth.
WALDO P. JOHNSON, President, St. Clair county. N. W. WATKINS, Vice President, Scott county. LETCHER, WM. H., Saline.
ADAMS, WASHINGTON, Cooper.
ALLEN, DEWITT C., Clay.
LAY, ALFRED M., Cole.
ALEXANDER, A. M., Monroe.
MABREY, PINCKNEY, Ripley.
BLACK, FRANCIS M .. , Jackson.
BOONE, HENRY, DeKalb.
MAXEY, JAMES HARVEY, Howell,
BRADFIELD, GEORGE W., Laclede.
MCAFEE, CHARLES B., Greene.
BROKMEYER, HENRY C., St. Louis.
MCCABE, EDWARD, Marion.
CARLETON, GEORGE W , Pemiscot.
CHRISMAN, WILLIAM, Jackson.
CONWAY, EDMUND V., St. Francois. COTTEY, LOUIS F., Knox.
CREWS, T. W. B., Franklin.
CROCKETT, SAMUEL R., Vernon.
PIPKIN, PHILIP, Jefferson.
PRIEST, WILLIAM, Platte.
PULITZER, JOSEPH, St. Louis.
RAY, JOHN, Barry."
RIDER, J. H., Bollinger.
RIPEY, J. R., Schuyler.
ROBERTS, JAMES C., Buchanan.
Ross, J. P., Morgan.
Ross, JOHN W., Polk.
RUCKER, JOHN FLEMING, Boone.
SHACKELFORD, THOMAS, Howard.
SHANKLIN, JOHN H., Grundy.
SHIELDS, GEORGE H., St. Louis.
SPAUNHORST, HENRY J, St. Louis.
SWITZLER, WILLIAM F., Boone.
TAYLOR, JOHN H., Jasper.
TAYLOR, AMOS RILEY, St. Louis. TODD, ALBERT, St. Louis. WAGNER, L. J , Scotland.
WALLACE, HENRY C., Lafayette.
G. N. NOLAN, Secretary.
J. BOYLE ADAMS, Assistant Secretary
FARRIS, JAMES L., Ray.
FYAN, ROBERT W. Webster.
GANTT, THOMAS TASKER, St. Louis.
GOTTSCHALK, LOUIS, St. Louis.
HALE, JOHN B., Carroll.
HALLIBURTON, W., Sullivan. HAMMOND, CHARLES, Chariton.
HARDIN, NEIL CAMERON, Pike. HOLLIDAY, J. A., Caldwell. HYER, JOHN, Dent.
JOHNSON, HORACE B., Cole. JOHNSTON, T. J., Nodoway.
LACKLAND, HENRY CLAY, St. Charles. ATTEST .
MCKILLOP, MALCOMB, Atchison.
MORTELL, NICHOLAS A., St. Louis.
MUDD, HENRY THOMAS, St. Louis.
NICKERSON, EDMUND A., Johnson.
NORTON, ELIJAH HISE, Platte.
DAVIS, LOWNDEY HENRY, Cape Girardeau.
DRYDEN, LEONIDAS J., Warren
DYSART, BENJAMIN ROBERT, Macon.
EDWARDS, JOHN F. T., Iron.
EDWARDS, JAMES C., St. Louis.
EITZEN, CHARLES D., Gasconade.
MASSEY, B. F, Newton.
BROADHEAD, JAMES O., St. Louis.
MCKEE, ARCHIBALD V., Lincoln.
Abstract of Missouri State Laws.
BILLS OF EXCHANGE.
A bill of exchange is a written order from one person to another, direct- ing the person to whom it is addressed to pay to a third person a certain sum of money therein named.
The person making the bill is called the maker. The person to whom it is directed is called the drawee, and the person in whose favor the bill of exchange is made payable, is called the payee, and the person who acceepts a bill of exchange, is called the acceptor.
A bill of exchange may be negotiable or non-negotiable; if negotiable, it may be transferred either before or after acceptance. To make it negotia- ble it must be payable to the order of the payee, or to the bearer, or must contain other equivalent or operative words of transfer.
Bills of exchange containing no words of transfer, are non-negotiable.
The usual form of accepting bills of exchange, is by writing "accepted " across the bill, and signing the acceptor's name.
After such acceptance the acceptor becomes liable for the payment of the bill upon its maturity.
No person within this state shall be charged as an acceptor of a bill of exchange unless his acceptance shall be in writing signed by himself, or his lawful agent.
If such acceptance be written on a paper other than the bill, it shall not bind the acceptor. Except in favor of a person to whom such acceptance shall have been shown, and who upon the faith thereof shall have received the bill for a valuable consideration.
An unconditional promise in writing to accept a bill before it is drawn, will be binding upon the acceptor in favor of any person who upon the faith of such written promise shall have received the bill for a valuable consideration.
Every holder of a bill presenting the same for acceptance, may require that the acceptance be written on the bill, and a refusal to comply with such request, shall be deemed a refusal to accept, and the bill may be pro- tested for non-acceptance.
Every person upon whom a bill of exchange may be drawn, and to whom the same shall be delivered for acceptance, who shall destroy such bill or refuse within twenty-four hours after such delivery, or within such period as the holder may allow to return the bill accepted or non-accepted to the holders, shall be deemed to have accepted the same.
167
ABSTRACT OF MISSOURI STATE LAWS.
When any bill of exchange expressed to be for value received, drawn or negotiated within this state, shall be duly presented for acceptance or payment, and protested for non-acceptance or non-payment, there shall be allowed and paid to the holders by the drawer and endorsers having due notice of the dishonor of the bill, damages in the following cases: First, if the bill shall have been drawn by any person, at any place within this state, at the rate of four per centum on the principal sum specified in the bill. Second, if the bill shall have been drawn on any person, at any place out of this state, but within the United States or territories thereof, at the rate of two per centum on the principal sum specified in the bill. . Third, if the bill shall have been drawn on any person, at any part or place without the United States and their territories, at the rate of twenty per centum on the principal sum specified in the bill.
If any bill of exchange expressed to be for value received, shall be drawn on any person, at any place within this state, and accepted, and payment shall not be duly made by the acceptor, there shall be allowed and paid to the holder, by the acceptor, damages in the following cases: First, if the bill be drawn by any person, at any place within this state, at the rate of four per centum on the principal sum therein specified, Second, if the bill be drawn by any person, at any place without this state, but within the United States or territories, at the rate of ten per centum on the principal sum therein specified. ,
The damages herein allowed shall be recovered only by the holder of a bill, who shall have purchased the bill or acquired some interest therein, for valuable consideration. In cases of non-acceptance or non-payment of a bill, drawn at any place within this state, on any person at a place within the same, no damages shall be recovered, if payment of the prin- cipal sum, with interest and charges of protest, be paid within twenty days after demand, or notice of the dishonor of the bill.
If the contents of a bill be expressed in the money of account of the United States, the amount due and the damages therein, shall be ascer- tained and determined without any reference to the rate of exchange · existing between this state and the place on which the bill shall have been drawn, at the time of demand of payment or notice of the dishonor of the bill
If the contents of such bill be expressed in the money of account or currency of any foreign country, then the amount due, exclusive of dam- ages, shall be ascertained and determined by the rate of exchange, or the value of such foreign currency at the time of payment.
Every bill of exchange, draft or order drawn either within this state or elsewhere upon any person residing within this state, payable on its face at sight, or on demand, shall be deemed and considered to be due and payable on the day it is presented, or demanded, any. usage or custom
168
ABSTRACT OF MISSOURI STATE LAWS.
here or elsewhere to the contrary notwithstanding, and if not so paid, may be protested for non-payment.
If in any suit founded upon any negotiable promissory note or bill of exchange, or in which such bill or note is produced, might be allowed in the defense of any suit, 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.
To entitle a party to such recovery, he or some responsible person for him, shall execute a bond to the adverse 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 indemnify 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 claim.
BILLS OF EXCHANGE AND PROMISSORY NOTES.
A promissory note is a written promise to pay a certain sum of money at a future time, unconditionally.
The person to whom the money is payable is called the payee.
The maker is the one who promises to pay the money when the note becomes due.
A note payable to bearer is negotiated or transferred by mere delivery, and the possession of the note is prima facie proof of title.
A note payable to the order of a particular person is transferred or negotiated by writing the name of the person upon the back of the note, which is called an endorsement. The person making the endorsement is called the endorser. The person for whose benefit it is made is called the endorsee.
Every promissory note for the payment of money to the payee therein named, or order or bearer, and expressed to be for value received, shall be due and payable as therein expressed and shall have the same effect and be negotiable in like manner as inland bills of exchange.
The payee and endorsers of every such negotiable note payable to them or order, and the holder of every such note payable to bearer may main- tain actions for the sums of money therein mentioned, against the makers and endorsers of them in like manner as in cases of inland bills of exchange, and not otherwise.
Such negotiable promissory note made payable to the order of the maker thereof, or to the order of a fictitious person shall, if negotiated by the maker, have the same effect and be of the same validity as against the maker, and all persons having knowledge of the facts, as if payable to
169
ABSTRACT OF MISSOURI STATE LAWS.
bearer. Provided, That negotiable note in the hands of the purchaser of the same from the makers by way of discount or investment if protested for non-payment at maturity, shall not be subjected to damages.
When the day of payment of any bond, bill of exchange, or promissory note, shall according to its terms, be a Sunday, Christmas day, Thanks- giving day (State or National), New Years day, or a Fourth of July, its payment shall be deemed due and be demandable on such day next before its day of payment, according to its terms, as shall not be one of the days above specified.
A notarial protest is evidence of a demand and refusal to pay a bill of exchange or negotiable promissory note, at the time and in the manner stated in such protest.
FORM OF NEGOTIABLE NOTE.
$1,000. Kansas City, Mo., Aug. 1, 1869.
Thirty days after date, I promise to pay Richard Roe, or order, One Thousand Dollars, value received, with interest after due at the rate of ten per cent per annum. LOUIS ROY. NON-NEGOTIABLE NOTE. $100.00. Kansas City, Mo., Aug, 1, 1869.
Thirty days after date, I promise to pay Richard Roe, One Hundred Dollars, value received, with interest from date, at the rate of ten per cent per annum. LOUIS ROY.
INTEREST.
The legal rate of interest is six per cent.
Parties may agree in writing for the payment of interest not exceeding ten per cent.
Money due upon judgments or order of court, shall draw interest from the day of rendering the same. All such judgments and orders for money upon contracts, bearing more than six per cent., shall bear the same inter- est borne by such contracts. All other judgments and orders for money shall draw six per cent.
If a greater rate of interest than ten per cent. is contracted for, and suit brought upon the same, judgment will be entered for six per cent., and the whole interest shall be set apart for, and become a part of the com- mon school fund.
Parties may contract in writing for the payment of interest upon inter- est; but interest shall not be compounded oftener than once a year. Where a different rate is not expressed, interest upon interest shall be at the same rate as interest on the principal debt.
170
ABSTRACT OF MISSOURI STATE LAWS.
DESCENTS AND DISTRIBUTION OF PROPERTY.
Property in this state shall be distributed in the following course, sub- ject to the payment of debts and the widow's dower:
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.