USA > Missouri > Pettis County > The History of Pettis County, Missouri, including an authentic history of Sedalia, other towns and townships, together with biographical sketches > Part 20
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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 ex hange, 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
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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
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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.
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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:
First. To the children or their descendants in equal parts.
Second. If there be no children or their descendants, then to the father, mother, brothers and sisters, and their descendants, in equal parts.
Third. If there be no children, or their descendants, father, mother, brother or sister, or their descendants, then to the husband or wife. If there be no husband or wife, then to the grandfather, grandmother, uncles and aunts, and their descendants, in equal parts.
Fourth. If there be no children or their descendants, father, mother, sister, brother or their descendants, husband or wife, grandfather, grand- mother, uncles, aunts, nor their descendants, then to the great-grandfather, great-grandmother, and their descendants, in equal parts, and so on in other cases without end, passing to the nearest lineal ancestors and their children, and their descendants, in equal parts.
Posthumous children, or descendants of the intestate, shall inherit in like manner as if born in the lifetime of the intestate. This does not apply to anyone other than the children or descendants of the intestate unless they are in being and capable in law to take as heirs at the time of the intestate's death.
If there be no children or their' descendants, father, mother, brother or sister, nor their descendants, husband or wife, nor any paternal or mater- nal kindred capable of inheriting, the whole shall go to the kindred of the wife or husband of the intestate in the like course as if such wife or hus- band had survived the intestate and then died entitled to the estate.
If any of the children receive any real or personal estate in the lifetime of the intestate by way of advancement, shall choose to come into par- tition with the other heirs, such advancement shall be brought into hatchpot with the estate descended.
Maintaining, educating, or giving money to a child under majority without any view to a portion or settlement, shall not be deemed an advancement.
Bastards shall inherit and be capable of transmitting inheritance on the part of their mother, and such mother may inherit from her bastard child or children in like manner as if they had been lawfully begotten of her.
The issues of all marriages decreed null in law or dissolved by divorce shall be legitimate.
Persons of color shall inherit as above set forth, providing it shall appear to the court that they are residents of this state, or if residents of some other state, are free persons.
The children of all parents who were slaves, and who were living
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together in good faith as man and wife at the time of the birth of such children, shall be deemed to be the legitimate children of such parents. All children of any one mother who was a slave at the time of her birth shall be deemed lawful brothers and sisters for the purposes of this chapter.
WILLS.
The term will, or last will and testament, means the disposition of one's property, to take effect after death. No exact form of words is neces- sary in order to make a will good at law.
Every person of twenty-one years of age and upward, of sound mind, may, by last will, devise all his estate, real, personal and mixed, and all interest therein, saving the widow her dower. Every person over the age of eighteen years, of sound mind, may by last will, dispose of his goods and chattles. Every will must be in writing, signed by the testator or by some person by his direction, in his presence, and shall be attested by two or more competent witnesses, subscribing their names to the will in the presence of the testator.
No will in writing, except in cases hereinafter mentioned, nor any part thereof, shall be revoked, except by a subsequent will in writing, or by burning, canceling, tearing or obliterating the same by the testator, or in his presence, and by his consent and direction.
If, after making a will disposing of the whole estate of the testator, . such testator shall marry, and die, leaving issue by such marriage living at the time of his death, or shall leave issue of such marriage born to him after his death, such will shall be deemed revoked, unless provisions shall have been made for such issue by some settlement, or unless such issue shall be provided for in the will, and no evidence shall be received to rebut the presumption of such revocation.
A will executed by an unmarried woman shall be deemed revoked by her subsequent marriage.
If a person make his will and die leaving children not provided for, although born after making the will, he shall be deemed to die intestate, and such children shall be entitled to such proportion as if he had died intestate. All other heirs or legatees must refund their proportionate part.
The county court or clerk thereof in vacation subject to the confirma- tion or rejection of the court, shall take the proof of the last will of the testator.
GENERAL FORM OF WILL FOR REAL AND PERSONAL PROPERTY.
I, Richard Johnson, of Carroll county, in the state of Missouri, being of sound mind and memory, and of full age, do hereby make and publish this, my last will and testament, hereby revoking all former wills by me made.
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First. I direct the payment of all lawful claims against my estate, to be made out of the proceeds of the sale of my personal property.
Second. I give, devise and bequeath to my eldest son, John B. Johnson, the sum of five thousand dollars of bank stock, in the First National Bank of Lexington, Missouri, and the farm owned by myself in the town- ship of -, in the county of Saline, consisting of 100 acres, with all the houses, tenements and improvements thereunto belonging, to have and to hold unto my said son, his heirs and assigns forever.
Third. I give, devise, and bequeath to each of my daughters, Mary E. Johnson and Clara B. Johnson, each five thousand dollars in bank stock,. in the First National Bank, of Lexington, Missouri; and also, each one quarter section of land owned by myself, situated in the township of -, Ray county, Missouri.
Fourth. I give, devise and bequeath to my son, Frank R. Johnson, the farm owned by myself, situated in Chariton county, Missouri, consisting of six hundred and forty acres, together with all stock, houses, and improvements, thereunto belonging.
Fifth. I give to my wife, Elizabeth Johnson, all my household furni- ture, goods, chattels and personal property about my house, not hitherto disposed of, including six thousand dollars of bank stock, in the First National Bank of Lexington, Missouri, and the free and unrestricted use, possession and benefit of the home farm, so long as she may live-said farm being my present place of residence.
Sixth. I give and bequeath to my mother, Martha Johnson, the income from rents of my store building, at No. 905 Pine street, St. Louis, Mis- souri, during the term of her natural life, said building and land therewith to revert to my sons and daughters, in equal proportions, upon the demise of my said mother.
Seventh. It is also my will and desire that at the death of my wife, Eliz- abeth Johnson, that the above mentioned homestead may revert to my above named children, or to the lawful heirs of each.
Eighth. I appoint as my executors of this, my last will and testament, my wife, Elizabeth Johnson, and my eldest son John B. Johnson.
In witness whereof, I, Richard Johnson, to this, my last will and testa- ment, have hereunto set my hand and seal, this fourth day of June, eighteen hundred and seventy-five. RICHARD JOHNSON.
Signed and declared by Richard Richard Johnson, as and for his last will and testament, in the presence of each other, have subscribed our names hereunto, as witnesses thereof.
EDWARD DAVISON, Scdaliu, Missouri.
FREDERICK JONES, Marshall, Missouri.
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CODICIL.
Whereas, I, Richard Johnson, did, on the fourth day of June, one thousand eight hundred and seventy-five, make my last will and testa- ment, I do now, by this writing add this codicil to my said will, to be taken as part thereof.
Whereas, By the dispensation of Providence, my daughter, Clara B. Johnson, has deceased, March the first, eighteen hundred and seventy- six; and whereas,. a son has been born to me, which son is now christened David S. Johnson, I give and bequeath unto him my gold watch, and all right, interest and title in lands and bank stock, and chattels bequeathed to my deceased daughter, Clara B., in the body of this will.
In witness whereof, I hereunto place my hand and seal, this tenth day of March, eighteen hundred and seventy-seven. RICHARD JOHNSON.
Signed, sealed, published and declared to us, by the testator, Richard Johnson, as and for a codicil, to be annexed to his will and testament; and we, at his request and in his presence, and in the presence of each other have subscribed our names as witnesses thereto, at the date hereof.
PETER BROWN, Lexington, Missouri. ROBERT BURR, Richmond, Missouri.
TAXES.
For the support of the government of the state, the payment of the public debt, and the advancement of the public interest, taxes shall be levied on all property, real and personal, except as stated below:
No tax shall be assessed for or imposed by any city, county, or other municipal corporation, or for their use upon the following property: All houses, necessary furniture and equipments thereof, used exclusively for public worship, and the lot of ground on which the same may be erected. All orphan or other asylums, for the relief of the sick or needy, with their furniture and equipments, and the lands on which they are erected and used therewith, so long as the same shall be held and used for that pur- pose only; all universities, colleges, academies, schools, and all other sem- inaries of learning, with the furniture and equipments, and land thereto, belonging or used immediately therewith, and their endowment fund, when not invested in real estate, so long as the same shall be employed for that purpose only. Provided, That the land hereby exempted from taxation, belonging to any of the last named institutions, in any city or town, shall not exceed two acres, and in the county, not exceed five acres. And further provided, That such property, so exempted, shall not be under rent to any person, corporation, or society, and shall not, in any way or manner, be paying or yielding any rent or profit. Cemeteries and graveyards set apart and used for that purpose only. All real estate and other property belonging to any incorporated agricultural society, so
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long as the same shall be employed for the use of such society and none other. All libraries and their furniture and equipments, belonging to any library association or society. Nothing in this section shall be construed as to exempt from municipal or local taxation any description of property, when the same is held for the purpose of pecuniary profit or speculation.
Lots in incorporated cities or towns, or within one mile of the limits of such city or town, to the extent of one acre, and lots, one mile distant from such cities or towns, to the extent of five acres, with the buildings thereon, when the same are used exclusively for religious worship, for schools, or for purposes purely charitable, shall be exempt from taxation for state, county, or local purposes.
There shall be annually assessed and collected on the assessed value of all the real estate and personal property subject by law to taxation in the state one-fifth of one per centum for state revenue and one-fifth of one per centum for the payment of all state indebtedness.
The assessor or his deputy or deputies shall, between the first days of August and January, and after being furnished with the necessary books and blanks by the county clerk, at the expense of the county, proceed to take a list of the taxable personal property in his county, town, or district, and assess the value thereof in the manner following, to-wit: He shall call at the office, place of doing business, or residence of each person required by this act to list property, and shall require such person to make a cor- rect statement of all taxable property owned by such person, or under the care, charge, or management of such person, except merchandise, which may be required to pay a license tax, being in any county in this state, in accordance with the provisions of this act, and the person listing the property shall enter a true and correct statement of such property in a printed or written blank prepared for that purpose, which statement, after being filled out, shall be signed and sworn to, to the extent required by this act, by the person listing the property, and delivered to the assessor, and such assessor's book shall be arranged and divided into two parts: The "land list" and the "personal property list." If any tax- payer shall fail or neglect to pay such collector his taxes at the time and place required by such notices, then it shall be the duty of the collector after the first day of January then next, to collect and account for as other taxes, an additional tax, as a penalty, of one per cent per month upon all taxes collected by him after the first day of January, as afore- said, and in computing said additional tax or penalty a fractional part of a month shall not be counted as a whole month. Collectors shall on the day of their annual settlement with the county court, file with said court a statement under oath of the amount so received, and from whom received, and settle with the court therefor; provided, however, that said interest shall not be chargeable against persons who are absent from their homes
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and engaged in the military service of this state, or of the United States, or against any tax payer who shall pay his taxes to the collector at any time before the first day of January in each year; provided, that the provisions of this section shall apply to the city of St. Louis so far as the same relates to the addition of said interest which in said city shall be collected and accounted for by the collector as other taxes, for which he shall receive no compensation.
Every county collector shall on or before the fifteenth day of each month pay to the state treasurer all taxes or licenses received by him prior to the first day of the month.
The sheriff's deed executed to the purchaser of real estate under a sale for delinquent taxes, which shall be acknowledged before the circuit court of the county or city as in ordinary cases; shall convey a title in fee to such purchaser of the real estate therein named, and shall be prima facie evidence of title, and the matters and things therein stated are true.
COURTS OF RECORD-THEIR JURISDICTION.
SUPREME COURT.
At the general election in the year eighteen hundred and eighty, and every two years thereafter, there shall be elected one judge of the supreme court, who shall hold his office for a term of ten years from the first day of January next after his election, and until his successor is duly elected and qualified. The majority of the judges may order special terms.
CIRCUIT COURTS.
At the general election in the year one thousand eight hundred and eighty, and at the general election every sixth year thereafter, except as otherwise provided by law, all the circuit judges shall be elected, and shall enter upon their offices on the first Monday in January next ensuing. Circuit courts in the respective counties in which they may be held shall have power and jurisdiction as follows: First, as courts of law in all criminal cases which shall not be otherwise provided for by law. Second, exclusive original jurisdiction in all civil cases which shall not be cogniz- able before the county courts, probate courts, and justices of the peace and not otherwise provided by law. Third, concurrent original jurisdic- tion with justices of the peace in all civil actions and proceedings for the recovery of money, whether such action be founded upon contract or trust or upon a bond or undertaking given in pursuance of law in any civil action or proceeding, or for a penalty or forfeiture given by any statute of this state when the sum demanded, exclusive of interest and cost, shall exceed fifty dollars and does not exceed one hundred and fifty dollars, and of all actions against any railroad company in this state to recover damages for the killing or injuring of horses, mules, cattle or
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other animals, without regard to the value of such animals or the amount claimed for killing or injury, the same in all counties or cities having over fifty thousand inhabitants; concurrent original jurisdiction with justices of the peace of all actions and proceedings for the recovery of money, whether such actions be founded upon contract or tort or upon a bond or undertaking given in any civil action or proceeding, or for a penalty or forfeiture given by any statute of this state when the sum demanded, exclusive of interest and cost, shall exceed fifty dollars and not exceed two hundred and fifty dollars, and of all actions against any railroad com- pany in this state to recover damages for the killing or injuring horses, mules, cattle or other animals, without regard to the value of such ani- mals or the amount of damages claimed for killing or injuring the same. Fourth, appellate jurisdiction from the judgments and orders of the coun- ty court, probate court, and justices of the peace in all cases not expressly prohibited by law, and shall possess the superintending control over them. Fifth, the general control over executors, administrators, guardians, cura- tors, minors, idiots, lunatics, and persons of unsound mind.
COUNTY COURT.
The county court shall be composed of three members, to be styled the judges of the county court; and each county shall be districted by the county court thereof into two districts of contiguous territory, as near equal in population as practicable, without dividing municipal townships. Judges of this court shall be elected for a term of two years. At the general election of 1882, they shall be elected for four years. Four terms of the county court shall be held in each county annually, at the place of holding courts therein, commencing on the first Monday in February, May, August, and November, and shall also have power to order special terms. This court has control of county property, settling with county treasurers, etc.
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