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 22
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186
ABSTRACT OF MISSOURI STATE LAWS.
All associations incorporated under the provisions of the above law shall file a copy of all amendments to their articles of association, certified as such under their seal, with the clerk of the circuit court, within sixty days after their passage.
Any number of persons, not less than three in number, may become an incorporated church, religious society, or congregation, by complying with the provisions of this chapter, except that it will be sufficient if the petition be signed by all the persons making the application, and when so incorporated, such persons and their associates and successors shall be known by the corporate name specified in the certificate of incorporation, and shall be entitled to all the privileges, and capable of exercising all the powers conferred, or authorized to be conferred by the constitution of this state upon such corporation. Acts 1871-2, P. 16, Sec. 1.
Any such corporation shall have power to raise money in any manner agreed upon in the articles of association.
INTOXICATING LIQUORS.
A dramshop-keeper is a person permitted by law to sell intoxicating liquors in any quantity not exceeding ten gallons.
No person shall directly or indirectly sell intoxicating liquors in any quantity less than one gallon without taking out a license as a dramshop- keeper.
Application for a license as a dramshop-keeper shall be made in writing to the county court, and shall state where the dramshop is to be kept, and if the court shall be of opinion that the applicant is a person of good character, the court may grant a license for six months.
Any sale, gift or other disposition of intoxicating liquors made to any minor without the permission or consent herein required, or to any hab- itual drunkard, by any clerk, agent, or other person acting for any dram- shop-keeper, druggist, merchant, or other person, shall be deemed and taken to be as the act of such dramshop-keeper, druggist, merchant, or other person.
Intoxicating liquors may be sold in any quantity not less than a quart at the place where made, but the maker or seller shall not permit or suffer the same to be drank at the place of sale, nor at any place under the control of either or both. Any person convicted of a violation of the provisions of this section shall be fined a sum not less than $40 nor more than $200. Provided, that nothing herein contained shall be so con- strued as to affect the right of any person having a wine and beer house license to sell wine and beer in any quantity not exceeding ten gallons at any place.
Any dramshop-keeper, druggist, or merchant selling, giving away or otherwise disposing of any intoxicating liquors to any habitual drunkard,
187
ABSTRACT OF MISSOURI STATE LAWS.
after such dramshop-keeper, druggist, or merchant shall have been noti- fied by the wife, father, mother, brother, sister, or guardian of such per- son not to sell, give away or furnish to such person any intoxicating liquors, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than $40 nor more than $200, and upon conviction of any dramshop-keeper it shall work a forfeiture of his license to keep a dramshop, and also debar him from again obtaining a license for that purpose.
GENERAL WARRANTY DEED.
This Indenture, made on the .... day of .... A. D. one thousand eight hundred and .... , by and between .... of .... part .... of the first part, and .. of the .... of .... , in the state of .... part .. of the second part. . .
WITNESSETH, That the said part. . of the first part, in consideration of the sum of .... 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, . of. . . . } ss. Be it remembered, that on this .... day of .... A. D. 18 .... , before the undersigned, a .... within and for the .... of .... and state of .... personally came .... who are personally known to me to be the same persons whose names are subscribed to the fore- going instrument of writing as parties thereto, and they acknowledged the same to be their act and deed for the purposes therein mentioned. And the said .... being by me first made acquainted with the contents of said instrument, upon an examination separate and apart from .... hus- band .... , acknowledged that .... executed the same, and relinquishes
188
ABSTRACT OF MISSOURI STATE LAWS.
.... dower, in the real estate therein mentioned, freely and without fear, compulsion or undue influence on the part of .... said husband .... ; and . I certify that my term of office as a notary public will expire 18 .....
In testimony whereof, I have hereunto set my hand and affixed my official seal, at my office in .... this day and year first above written.
QUIT-CLAIM DEED.
This indenture, made on the .... day of .... , A. D. one thousand eight hundred and .... , by and between .... , of the county of . and state of . ., part of the first part, and .. , 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.]
* [This deed of quit-claim being made in release of, and satisfaction for a certain deed .... dated the .. day of .... , 18 ..; recorded in the recor- der's office, within and for the county of .. . aforesaid, in deed book .. , at pages ... . ]
To have and to hold the same, with all the rights, immunities, privileges and appurtenances thereto belonging, unto the said part of the second part, and .... heirs and assigns, forever; so that neither the said part of the first part nor .... heirs, nor any other person or persons for .... or in .... name or behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises, or any part thereof, but they and every of them shall, by these presents, be excluded and forever barred.
In witness whereof, That said part of the first part ha hereunto set .... hand and seal , the day and year first above written.
Signed, sealed and delivered in presence of us.
. [SEAL]
. [SEAL]
[Acknowledgment same as in General Warranty Deed.]
MORTGAGE DEED.
Know all men by these presents, that, .... of the county of .... , in the state of .... for and in consideration of the sum of .... dollars, to the said .... in hand paid by .... of the county of .... in the state of .... ha ..
* Omit this clause in case this deed is not made in release of some other instrument.
189
ABSTRACT OF MISSOURI STATE LAWS.
granted, bargained and sold, and by these presents do .. grant, bargain and sell, unto the said .... the following described .... situated in the county of .... in the state of. ... that is to say:
[Give description of property.]
To have and to hold the property and premises hereby conveyed, with all the rights, privileges and appurtenances thereunto belonging, or in anywise appertaining, unto said .... heirs and assigns forever; upon this express condition, whereas, the said .... on the .... day of .... A. D. one thousand eight hund. cd and .... made, executed and delivered to the said . certain .... described as follows, to-wit:
[Give description of notes, time of payment, etc.]
Now, if the said .... executor or administrator, shall pay the sum of money specified in said .... and all the interest that may be due thereon, according to the tenor and effect of said .... then this conveyance shall be void, otherwise it shall remain in full force and virtue in law.
In witness whereof, .... , the said grantor .... and mortgagor .... ha .. hereunto subscribed .... name .... and affixed .... seal .... this .... day of . .. , A. D. 18. . .
[SEAL.] [SEALS
[Acknowledgment same as General Warranty Deed.] CHATTEL MORTGAGE.
Know all men by these presents, That .... of the county of .... , and state of .... , in consideration of the sum of .... 100 dollars, to .... paid by .... of the county of .... and state of .... do sell and convey to said .... the following goods and chattels, to-wit:
[Here describe goods.]
Warranted free of incumbrances, and against any adverse claims:
Upon condition, That .... pay to the said .... the sum of .... 100 dollars, and interest, agreeably to ..:. note. . dated on the .... day of .... , 18 .. , and made payable to the said .... as follows, to-wit :.... then this deed shall be void, otherwise it shall remain in full force and effect.
The parties hereto agree That, until condition broken, said property may remain in possession of .... but after condition broken, the said .... may at .... pleasure take and remove the same, and may enter into any building or premises of the said .... for that purpose.
Witness our hands and seals, this .... day of ... A. D. 18 .. Signed, sealed and delivered in
[SEAL.] presence of us.
[SEAL.]
STATE OF MISSOURI, }ss.
County of-
Be it remembered, That on the .... day of .... A. D. 18 .. , before the undersigned, a .... within and for the county aforesaid, personally came
190
ABSTRACT OF MISSOURI STATE LAWS.
... . who .... personally known to me to be the same person .... whose name .... subscribed to the foregoing chattel mortgage as part .... thereto, and acknowledged the same to be .... act and deed for the uses and purposes therein mentioned.
In testimony whereof, I have hereunto subscribed my name and affixed my .... seal, at my office in .... in said county, the day and year afore- said. My term of office as notary public will expire on the ... day of ... 18 ..
HOUSE LEASE.
This article of agreement witnesseth, That .... ha. . this day rented to .... in the present condition thereof, the .... for the period of .... from the ...... day ...... 18 .. , on the following terms and conditions, to-wit: For the use and rent thereof, the said .... hereby promise. . to pay said .... or to .... order .... dollars, per .... for the whole time above stated, and to pay the same ..... at the ... .of each .....; that ..... will not sub-let or allow any other tenant to come in with or under .... without the written consent of said ....; that .... will repair all injuries or dam- ages done to the premises by him or them during .... occupancy, or pay for the same; that all of .... property, whether subject to legal exemption or not, shall be bound, and subject to the payment of rents and damages thereof; that .... will take good care of the buildings and premises and keep them free from filth, from danger of fire or any nuisance and from all uses forbidden in any fire insurance policy issued thereon, .... and pro- tect, defend and indemnify the said. ... from all damages .... and charges for such, that the houses and premises shall be kept clean, fairly treated and left so; that in default of the payment of any .... installment of rent for .... day .. after the same becomes due, .... will, at the request of the said .... quit and render to .... the peaceable possession thereof; but, for this cause, the obligation to pay shall not cease, and, finally at the end of .... term .... will surrender to said .... heirs or assigns, the peaceable possession of the said house and premises, with all the keys, bolts, latches and repairs, if any, in as good condition as .... received the same, the usual wear and use and providential destruction or destruction by fire excepted.
In witness whereof, the parties have set .... hand .... and seal .... to .... cop .. hereof to be retained by ....
Dated this .... day of .... 18 ..
[SEAL.] .
MECHANICS' LIENS.
Every mechanic or other person who shall do or perform any work or labor upon, or furnish any materials, fixtures, engine, boiler or machinery for any building, erection or improvements upon land, or for repairing the
191
ABSTRACT OF MISSOURI STATE LAWS.
same under or by virtue of any contract with the owner or proprietor, or his agent, trustee, contractor or sub-contractor, shall be entitled to a lien upon such building, erection, or improvement, and upon the land belong- ing to such owner or proprietor on which the same are situated. The original contractor must within six months, and every journeyman and day laborer within thirty days, and of every other person seeking to obtain the benefit of the provisions of this chapter, within four months after the indebtedness shall have accrued, file with the clerk of the cir- cuit court of the proper county, a just and true account of the demand due him or them, after all just credits have been given, which is to be a lien upon such building or improvement, and a true description of the property or so near as to identify the same upon which the lien is intended to apply, with the name of the owner or contractor, or both, if known to be the person filing the lien which shall in all cases be verified by the oath of himself or some credible person for him.
Every person except the original contractor, who may wish to avail himself of the benefits of the provisions of this chapter, shall give ten days notice before filing of the lien as herein required, to the owner, owners, or agent, or either of them, that he or they hold a claim against such build- ing or improvements, setting forth the amount and from whom the same is due.
All mechanics' lien holders shall stand on equal footing, without refer- ence to date of filing, and upon sale of property they shall take pro rata on the respective liens.
We only attempt to give an outline of the law of mechanics' liens to aid the general business man. Should any complicated questions arise, it is best to consult an attorney in regard to the same.
MECHANIC'S LIEN.
Now, at this day, come .... and with a view to avail .... of the benefit of the statute relating to mechanics' liens, file .. the account below set forth for work and labor done, and materials furnished by .... under contract with .... upon, to and for the buildings and improvements described as follows, to-wit:
(Give description of buildings.)
and situated on the following described premises, to-wit:
(Give description of the property upon which the building is erected.) said premise, buildings, and improvements, belonging to and being owned by .... which said account, the same being hereby filed, in order that it may constitute a lien upon the buildings, improvements, and prem- ises above described, is as follows:
[Set the account out in full.]
State of Missouri, county of .... , ss., .... .. being duly sworn, on his oath says that the foregoing is a just and true account of the demand due
192
ABSTRACT OF MISSOURI STATE LAWS.
. . . for work and labor done, and materials furnished by .... upon, to and for the buildings and improvements hereinbefore described, after all just credits have been given; that said work and labor were done, and said materials furnished upon, to and for said buildings and improvements by .... at the instance and request of, and under contract with .. . ... that the foregoing description is a true description of the property upon, to and for which said materials were furnished, and said work and labor done, and to which this lien is intended to apply, or so near as to identify the same; that said demand accrued within months prior to the filing of
this lien, and that on the ... . day of . . . .. , 18 .. , and at least ten days prior to the filing of this lien .... gave notice to of his claim against the amount thereof, from whom due, and of .... intention to file a lien therefor; that said .... as affiant is informed and believes, the owner .. of the above described premises, and the buildings and improvements thereon, which said premises, buildings, and improvements are intended to be charged with this lien.
Subscribed and sworn to before me this ... day of .. , 18 ..
BILL OF SALE OF GOODS.
Know all men by these presents, that .... of .... for and in considera- tion of the sum of .... dollars to .. in hand paid by .... of .... the receipt whereof .. do hereby acknowledge, by these presents do bargain and sell unto the said .... all the goods, household stuff, implements and furniture, and all other goods and chattels whatsoever mentioned in the schedule hereunto annexed: To have and to hold all and singular the said goods, household stuff, and furniture, and other premises above bar- gained and sold or intended so to be, to the said .... and .. assigns for- ever. And .... the said .... for .... and .. heirs, all and singular, the goods and chattels of whatever description, unto the said .... and .. assigns against .... the said .... and against all and every other person and persons whomsoever, shall and will warrant and forever defend by these presents. Of all and singular which said goods, chattels, and property, .... the said .... have put the said .... in full pos- session by delivery to .. , the said .... one .... at the sealing and delivery of these presents, in the name of the whole premises hereby bargained and sold, or mentioned, or intended so to be unto .. , the said . ... as aforesaid.
In witness whereof, .. have hereunto set .. hand .. and affixed .. seal this .... day .... A. D. 18 ..
Signed, sealed and delivered in presence of . [L. s.]
NOTE .- If the bill of sale is to be recorded in the county recorder's office, it must be acknowledged before some officer authorized to take acknowledgment of deeds-other- wise not.
193
ABSTRACT OF MISSOURI STATE LAWS.
STATE OF MISSOURI, ss.
County of .
Be it remembered, that on this .... day of .... , A. D.18 .. , before the undersigned, a ... . within and for the county of .... and state of Mis- souri, personally came .... who .. personally known to me to be the same person .. whose name .. subscribed to the foregoing instrument of writing, as part .. thereto, and acknowledged the same to be . . voluntary act and deed for the purposes therein mentioned.
In testimony whereof, I have hereunto set my hand and affixed my official seal, at my office in the day and year above written.
DEFINITION OF COMMERCIAL TERMS.
$-means dollars, being a contraction of U. S., which was formerly placed before any denomination of money, and meant, as it means now, United States currency.
£-means pounds, English money.
@ stands for at or to; Ib for pounds, and bbl. for barrels; # for per or by the. Thus, butter sells at 20@30c # fb, and flour at $8@12 # bbl. % for per cent., and # for number.
May 1. Wheat sells at $1.20@$1.25, "seller June." Seller fune means that the person who sells the wheat has the privilege of delivering it at any time during the month of June.
Selling short, is contracting to deliver a certain amount of grain or stock, at a fixed price, within a certain length of time, when the seller has not the stock on hand. It is for the interest of the person selling "short" to depress the market as much as possible, in order that he may buy and fill his contract at a profit. Hence the "shorts" are called "bears."
Buying long, is to contract to purchase a certain amount of grain or shares of stock at a fixed price, deliverable within a stipulated time, expecting to make a profit by the rise in prices. The "longs" are termed " bulls," as it is for their interest to " operate" so as to " toss" the prices upward as much as possible.
ORDERS.
Orders should be worded simply, thus:
Mr. F. H. COATS:
ST. LOUIS, Sept. 15, 1876.
Please pay to H. Birdsall twenty-five dollars, and charge to F. D. SILVA.
RECEIPTS.
Receipts should always state when received and what for, thus.
13
.
194
ABSTRACT OF MISSOURI STATE LAWS.
$100. ST. LOUIS, Sept. 15, 1876.
Reeived of J. W. Davis, one hundred dollars, for services rendered in grading his lot in Sedalia, on account.
THOMAS BRADY.
If receipt is in full, it should be so stated.
BILLS OF PURCHASE.
W. N. MASON, MARSHALL, Missouri, Sept. 18, 1876. Bought of A. A. GRAHAM.
4 Bushels of Seed Wheat, at $1.50 $6 00
2 Seamless Sacks 30. 60
Received payment, $6 60
A. A. GRAHAM.
ARTICLES OF AGREEMENT.
An agreement is where one party promises to another to do a certain thing in a certain time for a stipulated sum. Good business men always reduce an agreement to writing, which nearly always saves misunder- standings and trouble. No particular form is necessary, but the facts must be clearly and explicitly stated, and there must, to make it valid, be a reasonable consideration.
GENERAL FORM OF AGREEMENT.
This agreement, made the second day of June, 1878, between John Jones, of Marshall, county of Saline, state of Missouri, of the first part, and Thomas Whitesides, of the same place, of the second part-
WITNESSETH, That the said John Jones, in consideration of the agree- ment of the party of the second part, hereinafter contained, contracts and agrees to and with the said Thomas Whiteside, that he will deliver in good and marketable condition, at the village of Slater, Missouri, during the month of November, of this year, one hundred tons of prairie hay, in the fol- lowing lots, and at the following specified times, namely: Twenty-five tons by the seventh of November, twenty-five tons additional by the fourteenth of the month, twenty-five tons more by the twenty-first, and the entire one hundred tons to be all delivered by the thirtieth of November.
And the said Thomas Whitsides, in consideration of the prompt fulfill- ment of this contract, on the part of the party of the first part, contracts to and agrees with the said John Jones, to pay for said hay five dollars per ton, for each ton as soon as delivered.
In case of failure of agreement by either of the parties hereto, it is hereby stipulated and agreed that the party so failing shall pay to the other, one hundred dollars, as fixed and settled damages.
In witness whereof, we have hereunto set our hands, the day and year first above written.
JOHN JONES. THOMAS WHITESIDE.
195
ABSTRACT OF MISSOURI STATE LAWS.
AGREEMENT WITH CLERK FOR SERVICES.
This agreement, made the first day of May, one thousand eight hun- dred and seventy-eight, between Reuben Stone, of Marshall, county of Saline, State of Missouri, party of the first part, and George Barclay, of Sedalia, county of Pettis, state of Missouri, party of the second part-
WITNESSETH, That said George Barclay agrees faithfully and diligently to work as clerk and salesman for the said Reuben Stone, for and during the space of one year from the date hereof, should both live such length of time, without absenting himself from his occupation; during which time he, the said Barclay, in the store of said Stone, of Marshall, will carefully and honestly attend, doing and performing all duties as clerk and salesman aforesaid, in accordance and in all respects as directed and desired by the said Stone.
In consideration of which services, so to be rendered by the said Bar- clay, the said Stone agrees to pay to said Barclay the annual sum of one thousand dollars, payable in twelve equal monthly payments, each upon the last day of each month; provided that all dues for days of absence from business by said Barclay, shall be deducted from the sum otherwise by the agreement due and payable by the said Stone to the said Barclay.
Witness our hands:
REUBEN STONE. GEORGE BARCLAY.
PRACTICAL RULES FOR EVERY DAY USE.
How to find the gain or loss per cent. when the cost and selling price are given.
RULE .- Find the difference between the cost and selling price, which will be the gain or loss.
Annex two ciphers to the gain or loss, and divide it by the cost price; the result will be the gain or loss per cent.
How to change gold into currency.
RULE .- Multiply the given sum of gold by the price of gold.
How to change currency into gold.
Divide the amount of currency by the price of gold.
How to find each partner's share of the gain or loss in a copartnership business.
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