USA > Missouri > Pettis County > Sedalia > The History of Pettis County, Missouri, History of Sedalia > Part 21
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 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118
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
176
ABSTRACT OF MISSOURI STATE LAWS.
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.
177
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
178
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
179
ABSTRACT OF MISSOURI STATE LAWS.
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
180
ABSTRACT OF MISSOURI STATE LAWS.
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, ยท 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
181
ABSTRACT OF MISSOURI STATE LAWS.
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
1
182
ABSTRACT OF MISSOURI STATE LAWS.
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
183
ABSTRACT OF MISSOURI STATE LAWS ..
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
184
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.
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.