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 21
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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.
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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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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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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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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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 .... jodollars, 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, Ss. Be it remembered, that on this .... day of. .. .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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.... 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 , of the county of .... , 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.]
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