Ray County, Missouri - The whole text, 1881 (part 5 of 23)

Sec. 11. Taxes for counry, city, town and school purposes, may be levied on all subjects and objects of taxation; but the valuation of property therefor shall not exceed the valuation of the same property in such town, city or school district for state and county purposes. For county purposes the annual rate on property, in counties having six million dollars or less, shall not, in the aggregate, exceed fifty cents on the hundred dollars valuation; in counties having six million dollars and under ten million dollars, said rate shall not exceed forty cents on the hundred dollars valuation; in counties having ten million dollars and under thirty million dollars, said rate shall not exceed fifty cents on the hundred dollars valuation; and in counties having thirty million dollars or more, said rate shall not exceed thirty-five cents on the hundred dollars valuation. For city and town purposes the annual rate on property in cities and towns having thirty thousand inhabitants or more, shall not, in the aggregate, exceed one hundred cents on the hundred dollars valuation; in cities and towns having less than thirty thousand and over ten thousand inhabitants, said rate shall not exceed sixty cents on the hundred dollars valuation; in cities and towns having less than ten thousand and more than one thousand inhabitants, said rate shall not exceed fifty cents on the hundred dollars valuation; and in towns having one thousand inhabitants or less, said rate 'shall not exceed twenty-five cents on the hundred valuation. For school purposes in districts, the annual rate on property shall not exceed forty cents on the hundred dollars valuation: Provided, The aforesaid annual rates for school purposes may be increased, in districts formed of cities and towrns, to an amount not to exceed one dollar on the hundred dollars valuation ; and in other districts to an amount not to exceed sixty-five cents on the hundred dollars valuation, on the condition that a majority of the voters who are tax-payers, voting at an election held to decide the question, vote for said increase. For the purpose of erecting public buildings in counties, cities or school districts, the rates of taxation herein limited may be increased when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people, and two-thirds of the qualified voters of such county, city, or school district, voting at such election shall vote therefor. The rate herein allowed to each county shall be ascertained by the amount of taxable property therein, according to the last assessment for state and county purposes, and the rate allowed to each city or town by the number of inhabitants, according to the last census taken under the authority of the state, or of the United States; said restrictions, as to rates, shall apply to taxes of every kind and description, whether general or special, except taxes to pay valid indebtedness now existing or bonds which may be issued in renewal of such indebtedness.

Sec. 12. No county, city, town, township, school district or other political corporation or subdivision of the state, shall be allowed to become indebted in any manner or for any purpose to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds the voters thereof, voting at an election to be held for that purpose; nor in cases requiring such assent shall any indebtedness be allowed to be incurred to an amount including existing indebtedness, in the aggregate, exceeding five per centum on the value of the taxable property therein, to be ascertained by the assessment next before the last assessment for state and county purposes, previous to the incurring of such indebtedness: Provided, That with such assent any county may be allowed to become indebted to a larger amount for the erection of a court house or jail: And -provided further, That any county, city, town, township, school district or other political corporation, or subdivision of the state, incurring any indebtedness, requiring the assent of the voters as aforesaid, shall, before or at the time of doing so, provide for the collection of an annual tax, sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for payment of the principal thereof, within twenty years from the time of contracting the same.

Sec. 14. The tax authorized by the sixth section of the ordinance adopted June sixth, one thousand eight hundred and sixty-five, is hereby abolished, and hereafter there shall be levied and collected an annual tax sufficient to pay the accruing interest upon the bonded debt of the state, and to reduce the principal thereof each year by a silm not less than two hundred and fifty thousand dollars; the proceeds of which tax shall be paid into the state treasury, and appropriated and paid out for the purposes expressed in the first and second subdivisions of section forty-three of article IV of this constitution. The funds and resources now in the state interest and state sinking funds shall be appropriated to the same purposes; and whenever said bonded debt is extinguished, or a sum sufficient therefor has been raised, the tax provided for in this section shall cease to be assessed.

Sec. 15. All moneys now, or at any time hereafter, in the state treasury, belonging to the state, shall, immediately on receipt thereof, be deposited by the treasurer to the credit of the state for the benefit of the funds to which they respectively belong, in such bank or banks as he may, from time to time, with the approval of the governor and attorney general, select; the said bank or banks giving security, satisfactory to the governor and attorney general, for the safe keeping and payment of such deposit, when demanded by the state treasurer on his checks; such bank to pay a bonus for the use of such deposits not less than the bonus paid by other banks for similar deposits; and the same, together with such interest and profits as may accrue thereon, shall be disbursed by said treasurer for the purposes of the state, according to law, upon warrants drawn by the state auditor, and not otherwise.

.Sec. 16. The treasurer shall keep a separate account of the funds, and the number and amount of warrants received, and from whom; and shall publish, in such manner as the governor may designate, quarterly statements, showing the amount of state moneys, and where the same are kept' or deposited.

Sec. 17. The making of profit out of state, county, city, town or school district money, or using the same for arty purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law.

Sec. 18. There shall be a state board of equalization, consisting of the governor, state auditor, state treasurer, secretary of state and attorney general. The duty of said board shall be to adjust and equalize the valuation of real and personal property among the several counties in the state, and it shall perform such other duties as are or may be prescribed by law.

Sec. 19. No moneys, shall ever be paid out of the treasury of this state, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made, or a warrant shall have issued therefor, within two years after the passage of such appropriation act; and every such law, making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied; and it shall not be. sufficient to refer to any other law to fix such sum or object. A regular state- 'ment and account of the receipts and expenditures of all public money shall be published from time to time.

Sec. 20. The moneys arising from any loan, debt or liability, contracted by the state, or any county, city, town, or other municipal corporation, shall be applied to the purposes for which they were obtained, or to the repavment of such debt or liability, and not otherwise.

Sec. 21. No corporation, company or association, other than those formed for benevolent, religious, scientific, or educational purposes, shall be created or organized under the laws of this state, unless the persons named as corporators shall, at or before the filing of the articles of association or incorporation, pay into the state treasury fifty dollars for the first fifty thousand dollars or less of capital stock, and a further sum of five dollars for every additional ten thousand dollars of its capital stock. And no such corporation, company or association shall increase its capital stock without first paying into the treasury five dollars for every ten thousand dollars of increase: Provided, That nothing contained in this section shall be construed to prohibit the general assembly from levying a further tax on the franchises of such corporation.

Section 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the general assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in this state between the ages of six and twenty years.

Sec. 2. The income of all the funds provided by the state for the support of free public schools, shall be paid annually to the several county treasurers, to be disbursed according to law ; but no school district, in which a free public school has not been maintained at least three months during the year for which the distribution is made, shall be entitled to receive any portion of such funds.

Sec. 4. The supervision of instruction in the public schools shall be vested in a " board of education," whose powers and duties shall be prescribed by law. The superintendent of public schools shall be president of the board. The governor, secretary of state and attorney-general shall be ex-officio members, and with the superintendent, compose said board of education. »

Sec. 5. The general assembly shall, whenever the public school fund will permit, and the actual necessity of the same may require, aid and maintain the state university, now established, with its present departments. The government of the state university shall be vested in a board of curators, to consist of nine members, to be appointed by the governor, by and with the advice and consent of the senate.

f ranted by the United States to this state, and not otherwise appropriated y this state or the United States; also, all moneys, stocks, bonds, lands and other property now belonging to any state fund for purposes of education; also, the -net proceeds of all sales of lands, and other property and effects that may accrue to the state by escheat, from unclaimed dividends and distributive shares of the estates of deceased persons; also, any proceeds of the sales of the public lands which may have been or hereafter may be paid over to this state, (if congress will consent to such appropriation); also, all other grants, gifts or devises that have been, or hereafter may be, made to this state, and not otherwise appropriated by the state or the terms of the grant, gift or devise, shall be paid into the state treasury, and securely invested and sacredly preserved as a public school fund; the annual income of which fund, together with so much of the ordinary revenue of the state as may be by law set apart for that purpose, shall be faithfully appropriated for establishing and maintaining the free public schools and the state university in this article provided for, and for no other uses or purposes whatsoever.

Sec. 7. In case the public school fund now provided and set apart by law, for the support of free public schools, shall be insufficient to sustain a free school at least four months in every year in each school district in this state, the general assembly may provide for such deficiency in accordance with section eleven of the article on revenue and taxation ; but in no case shall there be set apart less than twenty-five per cent, of the state revenue exclusive of the interest and sinking fund, to be applied annually to the support of the public schools.

Sec. 8. All moneys, stocks, bondsj lands and other property belonging to a county school fund; also, the net proceeds from the sale of estrays; also, the clear proceeds of all penalties and forfeitures, and of all fines collected in the several counties for any breach of the penal or military laws of the state, and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall belong to and be securely invested, and sacredly preserved in the several counties, as a county public school fund; the income of which fund shall be faithfully appropriated for establishing and maintaining free public schools in the several counties of this state.

Sec. 9. No part of the public school fund of the state shall ever be invested in the stock or bonds, or other obligations of any other state, or of any county, city, town or corporation ; and the proceeds of the sales of any lands or other property which now belong, or may hereafter belong, to said school fund, shall be invested in the bonds of the state of Missouri, or of the United States.

Sec. 10. All county school funds shall be loaned only upon unincumbered real estate security, of double the valve of the loan, with personal security in addition thereto.

Sec. 11. Neither the general assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever make an appropriation, or pay from any public fund whatever anything in aid of any religious creed, church or sectarian purpose; or to help to support or sustain any private or public school, academy, seminary, college, university or other institution of learning, controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town or other municipal corporation, for any religious creed, church or sectarian purpose whatever.

Section 1. All existing charters, or grants of special or exclusive privileges, under which a bona fide organization shall not have taken place, and business been commenced in good faith, at the adoption of this constitution, shall thereafter have no validity.

Sec. 2. No corporation, after the adoption of this constitution, shall be created by special laws; nor shall any existing charter be extended, changed or amended by special laws, except those for charitable, penal or reformatory purposes, which are under the patronage and control of the state.

Sec. 3. The general assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend such forfeited charter, or pass any other general or special laws for the benefit of such corporations.

Sec. 4. The exercise of the power and right of eminent domain, shall never be so construed or abridged as to prevent the taking, by the general assembly, of the property and franchises of incorporated companies already organized, or that may be hereafter organized, and subjecting them to the public use, the same as that of individuals. The right of trial by jury shall be held inviolate in all trials of claims for compensation, when in the exercise of said right of eminent domain, any incorporated company shall be interested either for or against the exercise of said right.

Sec. 5. The exercise of the police power of the state shall never be abridged, or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals, or the general well-being of the state.

Sec. 6. In all elections for directors or managers of any incorporated company, each shareholder shall have the right to cast as many votes in the aggregate as shall equal the number of shares so held by him or her in said company, multiplied by the number of directors or managers to be elected at such election; and each shareholder may cast the whole number of votes, either in person or by proxy for one candidate, or distribute such votes among two or more candidates ; and such directors or managers shall not be elected in any other manner.

Sec. 7. No corporation shall engage in business, other than that expressly authorized in its charter or the law under which it may have been or hereafter may be organized, nor shall it hold any real estate for any period longer than six years, except such as may be necessary and proper for carrying on its legitimate business.

Sec. 8. No corporation shall issue stock or bonds, except for money paid, labor done or property actually received, and all fictitious increase of stock or indebtedness shall be void. The stock and bonded indebtedness of corporations shall not be increased, except in pursuance of general law, nor without the consent of the persons holding the larger amount in value of the stock first obtained at a meeting called for the purpose, first giving sixty days public notice, as may be provided by law.

Sec. 9. Dues from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholder be individually liable in any amount over or above the amount of stock owned by him or her.

Sec. 11. The term "corporation," as used in this article, shall be construed to include all joint stock companies or associations having an}- powers or privileges not possessed by individuals or partnerships.

Sec. 12. It shall not be lawful in this state for any railway company to charge for freight or passengers a greater amount, for the transportation of the same, for a less distance than the amount charged for any greater distance, and suitable laws shall be passed by the general assembly to enforce this provision; but excursion and commutation tickets may be issued at special rates.

Sec. 13. Any railroad corporation or association, organized for the purpose, shall have the right to construct and operate a railroad between any points within this state, and to connect at the state line with railroads of other states. Every railroad company shall have the right, with its road, to intersect, connect with, or cross any other railroad, and shall receive and transport each the other's passengers, tonnage and cars, loaded or empty, without delay or discrimination.

Sec. 11. Railways heretofore constructed, or that may hereafter be constructed in this state are hereby declared public highways, and railroad companies common carriers. The general assembly shall pass laws tc correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this state; and shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on said railroads, and enforce all such laws by adequate penalties.

Sec. 15. Every railroad or other corporation, organized or doing business in this state under the laws or authority thereof, shall have and maintain a public office or place in this state for the transaction of its business, where transfers of stock shall be made, and where shall be kept, for public inspection, books in which shall be recorded the amount of capital stock subscribed, the names of the owners of the stock, the amounts owned by them respectively, the amount of stock paid, and by whom, the transfer of said stock, with the date of transfer, the amount of its assets and liabilities, and the names and places of residence of its officers. The directors of every railroad company shall hold one meeting annually in this state, public notice of which shall be given thirty days previously, and shall report annually, under oath, to the state auditor, or some officer designated by law, all of their acts and doings, which report shall include such matters relating to railroads as may be prescribed by law. The general assembly shall pass laws enforcing, by suitable penalties, the provisions of this section.

Sec. 16. The rolling stock and all other movable property belonging to any railroad company or corporation in this state, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals; and the general assembly shall pass no law exempting any such property from execution and sale.

Sec. 17. No railroad or other corporation, or the lessees, purchasers or managers of any railroad corporation, shall consolidate the stock, property or franchises of such corporation, with, or lease or purchase the works or ' franchises of, or in any way control any railroad corporation owning or having under its control a parallel or competing line; nor shall any officer of such railroad corporation act as an officer of any other railroad corporation owning or having the control of a parallel or competing line. The question whether railroads are parallel or competing lines shall, when demanded, be decided by a jury, as in other civil issues.

Sec. 18. If any railroad company organized under the laws of this state shall consolidate, by sale or otherwise, with any railroad company organized under the laws of any other state, or of the United States, the same shall not thereby become a foreign corporation; but the courts of this state shall retain jurisdiction in all matters which may arise, as if said consolidation had not taken place. In no case shall any consolidation take place, except upon public notice of at least sixty days to all stockholders, in such manner as may be provided by law.

Sec. 19. The general assembly shall pass no law for the benefit of a railroad or other corporations, or any individual or association of individuals, retrospective in its operation, or which imposes on the people of any county or municipal subdivision of the state, a new liability in respecc to transactions or considerations already past.

Sec. 20. No law shall be passed by the general assembly granting the right to construct and operate a street railroad within any city, town, village, or on any public highway, without first acquiring the consent of the local authorities having control of the street or highway proposed to be

Sec. 21. No railroad corporation in existence at the time of the adoption of this constitution shall have the benefit of any future legislation, except on condition of complete acceptance of all the provisions of this constitution applicable to railroads.

Sec. 22. No president, director, officer, agent, or employe of any railroad company shall be interested, directly, or indirectly, in furnishing material or supplies to such company, or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled or worked by such company.

Sec. 23. No discrimination in charges or facilities in transportation shall be made between transportation companies and individuals, or in favor of either, by abatement, drawback or otherwise; and no railroad company, or any lessee, manager or employee thereof, shall make any preference in furnishing cars or motive power.

Sec. 24. No railroad or other transportation company shall grant free passes or tickets, or passes or tickets at a discount, to members of the general assembly, or members cf the board of equalization, or any state, or county, or municipal officers ; and the acceptance of such pass or ticket, by a member of the general assembly, or any such officer, shall be a forfeiture of his office.

Sec. 25. ,No state bank shall hereafter be created, nor shall the state own or be liable for any stock in any corporation, or joint stock company, or association for banking purposes, now created or hereafter to be created.

Sec. 26. No act of the general assembly authorizing or creating corporations or associations with banking powers (except banks of deposit or discount,) nor amendments thereto, shall go into effect, or in any manner be enforced, unless the same shall be submitted to a vote of the qualified voters of the slate, at the general election next succeeding the passage of the same, and be approved by a majority of the votes cast at such election.

Sec. 27. It shall be a crime, the nature and punishment of which shall be prescribed by law, for any president, director, manager, cashier or other officer of any banking institution, to assent to the reception of deposits, or the creation of debts by such banking institution, after he shall have had knowledge of the fact that it is insolvent, or in failing circumstances ; and any such officer, agent or manager, shall be individually responsible for such deposits so received, and all such debts so created with his assent.

Section 1. All able-bodied male inhabitants of this state between the ages of eighteen and forty-five years, who are citizens of the United States, or have declared their intention of become such citizens, shall be liable to military duty in the militia of this state: Provided, That no person who is religiously scrupulous of bearing arms, can be compelled to do so, but may be compelled to pay an equivalent for military service, in such manner as shall be prescribed by law.

Constitution Of Missouri. 160A

equipment and discipline of the militia, shall conform, as nearly as practicable, to the regulations for the government of the armies of the United States.

Sec. 3. Each company and regiment shall elect its own company and regimental officers ; but if any company or regiment shall neglect to elect such officers within the time prescribed by law, or by the order of the governor, they may be appointed by the governor.

Sec. 4. Volunteer companies of infantry, cavalry and artillery, may be formed in such manner and under such restrictions as may be provided by law.

Sec. 5. The volunteer and militia forces shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at musters, parades and elections, and in going to and returning from the same.

Sec. 6. The governor shall appoint the adjutant general, quartermaster general and his other staff officers. He shall also, with the advice and consent of the senate, appoint all major generals and brigadier generals.

Section 1. The general assembly of this state shall never interfere with the primary disposal of the soil by the United States, nor with any regulation which congress may find necessary for securing the title in such soil to bona fide purchasers. No tax shall be imposed on lands the property of the United States ; nor shall lands belonging to persons residing out of the limits of this state ever be taxed at a higher rate than the lands belonging to persons residing within the state.

Sec. 2. No person shall be prosecuted in any civil action or criminal proceeding for or on account of any act by him done, performed or executed between the first day of January, one thousand eight hundred and sixty-one, and the twentieth day of August, one thousand eight hundred and sixty-six, by virtue of military authority vested in him, or in pursuance of orders from any person vested with such authority by the government of the United States, or of this state, or of the late Confederate states, or any of them, to do such act. And if any action or proceedings shall have been, or shall hereafter be instituted against any person for the doing of any such act, the defendant may plead this section in bar thereof.

Sec. 3. No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept, or knowingly carry a challenge therefor, or agree to go out of this state to fight a duel, shall hold any office in this state.

Sec. 4. No person holding an office of profit under the United States, shall, during his continuance in such office, hold any office of profit under this state.

Sec. 5. In the absence of any contrary provision, all officers now or nereafter elected or appointed, subject to the right of resignation, shall hold office during their official terms, and until their successors shall be duly elected or appointed and qualified.

Sec. 6. All officers, both civil and military, under the authority of this state, shall, before entering on the duties of their respective offices, take and subscribe an oath, or affirmation, to support the constitution of the 10*

Sec. 7. The general assembly shall, in addition to other penalties, provide for the removal from office of county, city, town and township officers, on conviction of willful, corrupt or fraudulent violation or neglect of official duty.

Sec 8. The compensation or fees of no state, county or municipal officer shall be increased during his term of office; nor shall the term of any office be extended for a longer period than that for which such officer was elected or appointed.

Sec 9. The appointment of all officers not otherwise directed by this constitution, shall be made in such manner as may be prescribed by law.

Sec 10. The general assembly shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this state ; and all acts or parts of acts heretofore passed by the legislature of this state, authorizing a lottery or lotteries, and all acts amendatory thereof, or supplemental thereto, are hereby avoided.

Sec 11. It shall be the duty of the grand jury in each county, at least once a year, to investigate the official acts of all officers having charge of public funds, and report the result of their investigations in writing to the court.

Sec 12. Senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and for fifteen days next before the commencement and after the termination of each session ; and for any speech or debate in either house they shall not be questioned in any other place.

Sec 2. The general assembly may, at any time, propose such amendments to this constitution as a majority of the members elected to each house shall deem expedient ; and the vote thereon shall be taken by yeas and nays, and entered in full on the journals. The proposed amendments shall be published with the laws of that session, and also shall be published weekly in some newspaper, if such there be, within each county in the state, for four consecutive weeks next preceding the general election then next ensuing. The proposed amendments shall be submitted to a vote of the people, each amendment separately, at the next general election thereafter, in such manner as the general assembly may provide. If a majority of the qualified voters of the state, voting for and against an}- one of said amendments, shall vote for such amendment, the same shall be deemed and taken to have been ratified by the people, and shall be valid and binding, to all intents and purposes, as a part of this constitution.

Sec 3. The general assembly may at any time authorize, by law a vote of the people to be taken upon the question whether a convention shall be held for the purpose of revising and amending the constitution of this state; and if at such election a majority of the votes on the question bein favor of a convention, the governor shall issue writs to the sheriffs of the different counties, ordering the election of delegates to such a conven- tion, on a day not less than three and within six months after that on which the said question shall have been voted on. At such election each senatorial district shall elect two delegates for each senator to which it may then be entitled in the general assembly, and every such delegate shall have the qualifications of a state senator. The election shall be conducted in conformity with the laws regulating the election of senators. The delegates so elected shall meet at such time and place as may be provided by law, and organize themselves into a convention, and proceed to revise and amend the constitution ; and the constitution when so revised and amended, shall, on a day to be therein fixed, not less than sixty days or more than six months after that on which it shall have been adopted by the convention, be submitted to a vote of the people for and against it, at an election to be held for that purpose; and, if a majority of all the votes given be in favor of such constitution, it shall, at the end of thirty days after such election became the constitution of this state. The result of such election shall be made known by proclamation by the governor. The general assembly shall have no power, otherwise than in this section specified, to authorize a convention for revising and amending the constitution.

Schedule

That no inconvenience may arise from the alteration and amendments in the constitution of this state, and to carry the same into complete effect, it is hereby ordained and declared:

Section 1 . That all laws in force at the adoption of this constitution, not inconsistent therewith, shall remain in full force until altered or repealed by the general assembly; and, all rights, actions, prosecutions, claims and contracts of the state, counties, individuals or bodies corporate not inconsistent therewith, shall continue to be as valid as if this constitution had not been adopted. The provisions of all laws which are inconsistent with this constitution, shall cease upon its adoption, except that all laws which are inconsistent with such provision of this constitution, as require legislation to enforce them, shall remain in force until the first day of July, one thousand eight hundred and seventy-seven, unless sooner amended or repealed by the general assembly.

Sec. 2. That all recognizances, obligations and all other instruments, entered into or executed before the adoption of this constitution, to this state or to any subdivision thereof, or any municipality therein ; and all fines, taxes, penalties and forfeitures, due or owing to this state, or any such subdivision or municipality; and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the adoption of this constitution. All indictments which shall have been found or may hereafter be found, for any crime or offense committed before this constitution takes effect, may be proceeded upon as if no change had taken place, except as otherwise provided in this constitution.

Sec. 3. All county and probate courts, as now constituted and organized, shall continue with their jurisdiction, until the general assembly shall by law conform them in their organization to the requirements of this constitution.

Sec. 4. All criminal courts organized and existing under the laws of this state, and not specially provided for in thio constitution, shall continue to exist until otherwise provided by law.

and towns having a population exceeding three thousand five hundred inhabitants, and such as by the law of their creation are presided over by a judge of a circuit court, shall continue to exist and exercise their present jurisdiction, until otherwise provided by law. All other courts of common pleas shall cease to exist at the expiration of the present terms of office of the several judges thereof.

Sec. 6. All persons now filling any office or appointment in this state, shall continue in the exercise of the duties thereof, according to their respective commissions or appointments, unless otherwise provided by law.

Sec. 7. Upon the adoption of this constitution, all appeals to, and writs of error from the supreme court, shall be returnable to the supreme court at the city of Jefferson.

Sec. 8. Until the general assembly shall make provision for the payment of the state and railroad indebtedness of this state, in pursuance of section fourteen of article ten of this constitution, there shall be levied and collected an annual tax of one-fifth of one per centum on all real estate and other property and effects subject to taxation, the proceeds of which shall be applied to the payment of the interest on the bonded debt of this state as it matures, and the surplus, if any, shall be paid into the sinking fund and thereafter applied to the payment of such indebtedness, and to no other purpose.

Sec. 9. This constitution shall be submitted to the people of this state for adoption or rejection, at an election to be held for that purpose only, on Saturday, the thirtieth day of October, one thousand eight hundred and seventy-five. Every person entitled to vote under the constitution and laws of this state shall be entitled to vote for the adoption or rejection of this constitution. Said election shall be held, and said qualified electors shall vote at the usual places of voting in the several counties of this state; and said election shall be conducted, and returns thereof made, according to the laws now in force regulating general elections.

Sec. 10. The clerks of the several county courts in this state, shall, at least five days before said election, cause to be delivered to the judges of election in each election district or precinct, in their respective counties, suitable blank poll books, forms of return and five times the number of properly prepared printed ballots for said election, that there are voters in said respective districts, the expense whereof shall be allowed and paid by the several county courts, as other county expenditures are allowed and paid.

Sec. 11. At said election the ballots shall be in the following form: New constitution ticket, (erase the clause you do not favor.) New constitution, - Yes. New constitution, - No. Each of said ticket sshall be counted as a vote for or against this constitution, as the one clause or the other may be canceled with ink or pencil by the voter, and returns thereot shall be made accordingly. If both clauses of the ticket be erased, or if neither be erased, the ticket shall not be counted.

Sec. 12. The returns of the whole vote cast for the adoption and against the adoption of this constitution shall be made by the several clerks, as now provided by law in case of the election of state officers, to the secretary of state, within twenty days after the election ; and the returns of said votes shall, within ten days thereafter, be examined and canvassed by the state auditor, state treasurer and secretary of state, or any two of them, in the presence of the governor, and proclamation shall be made by the governor forthwith of the result of the canvass.

Sec. 13. If, upon such canvass, it shall appear that a majority of the votes polled were in favor of the new constitution, then this constitution shall, on and after the thirtieth day of November, one thousand eight hundred and seventy-five, be the supreme law of the state of Missouri, and the present existing constitution shall thereupon cease in all its provisions; but if it shall appear that a majority of the votes polled were against the new constitution, then this constitution shall be null and void, and the existing constitution shall continue in force.

Sec. 14. The provisions of this schedule required to be executed prior to the adoption or rejection of this constitution, shall take effect and be in force immediately.

Sec. 16. The present secretary of state, state auditor, attorney-general,, and superintendent of public schools, shall, during the remainder of their terms of office, unless otherwise directed by law, receive the same compensation and fees as is now provided by law ; and the present state treasurer shall, during the remainder of the term of his office, continue to be governed by existing law, in the custody and disposition of the state funds, unless otherwise directed by law.

Sec. 17. Section twelve of [the] bill of rights shall not be so construed as to prevent arrests and preliminary examination in any criminal case.

Done in convention, at the capitol, in the city of Jefferson, on the second day of August, in the year of our Lord, one thousand eight hundred and seventy-five, and of the independence of the United States the one hundredth.

Bills Of Exchange

A bill of exchange is a written order from one person to another, directing the person to whom it is addressed to pay to a third person a certain sum of money therein named.

The person making the bill is called the maker. The person to whom it is directed is called the drawee, and the person in whose favor the bill of exchange is made payable, is called the payee, and the person who acceepts a bill of exchange, is called the acceptor.

A bill of exchange may be negotiable or non-negotiable; if negotiable, it may be transferred either before or after acceptance. To make it negotiable it must be payable to the order of the payee, or to the bearer, or must -contain other equivalent or operative words of transfer.

No person within this state shall be charged as an acceptor of a bill of -exchange unless his acceptance shall be in writing signed by himself, or his lawful agent.

If such acceptance be written on a paper other than the bill, it shall not bind the acceptor. Except in favor of a person to whom such acceptance shall have been shown, and who upon the faith thereof shall have received the bill for a valuable consideration.

An unconditional promise in writing to accept a bill before it is drawn, will be binding upon the acceptor in favor of any person who upon the faith of such written promise shall have received the bill for a valuable consideration.

Every holder of a bill presenting the same for acceptance, may require that the acceptance be written on the bill, and a refusal to comply with such request, shall be deemed a refusal to accept, and the bill may be protested for non-acceptance.

Every person upon whom a bill of exchange may be drawn, and to whom the same shall be delivered for acceptance, who shall destroy such bill or refuse within twenty-four hours after such delivery, or within such period as the holder may allow to return the bill accepted or non-accepted to the holders, shall be deemed to have accepted the same.

Abstract Of Missouri State Laws. 1G1

When any bill of exchange expressed to be for value received, drawn or negotiated within this state, shall be duly presented for acceptance or payment, and protested for non-acceptance or non-payment, there shall be allowed and paid to the holders by the drawer and endorsers having due notice of the dishonor of the bill, damages in the following cases: Firsts if the bill shall have been drawn by any person, at any place within this state, at the rate of four per centum on the principal sum specified in the bill. Second, if the bill shall have been drawn on any person, at any place out of this state, but within the United States or territories thereof, at the rate of two per centum on the principal sum specified in the bill. Third, if the bill shall have been drawn on any person, at any part or place without the United States and their territories, at the rate of twenty per centum on the principal sum specified in the bill.

If any bill of exchange expressed to be for value received, shall be drawn on any person, at any place within this state, and accepted, and payment shall not be duly made by the acceptor, there shall be allowed and paid to the holder, by the acceptor, damages in the following cases: First, if the bill be drawn by any person, at any place within this state, at the rate of four per centum on the principal sum therein specified. Second, if the bill be drawn by any person, at any place without this state, but within the United States or territories, at the rate of ten per centum on the principal sum therein specified.

The damages herein allowed shall be recovered only by the holder of a bill, who shall have purchased the bill or acquired some interest therein, for valuable consideration. In cases of non-acceptance or non-pavment 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 principal 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 ascertained 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 damages, shall be ascertained and determined by the rate of exchange, or the value of such foreign currency at the time of 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 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 maintain actions for the sums of money therein mentionefl, 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 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, Thanksgiving 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

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

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

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 interest 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 common school fund.

Parties may contract in writing for the payment of interest upon interest; 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.

Descents And Distribution Of Property

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, grandmother, 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 maternal 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 husband 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 partition 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.

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.

Abstract Of Missouri State Laws

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.

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 necessary 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 chatties. 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.

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 confirmation 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.

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 township of , in the county of Saline, consisting of 100 acres, with all

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

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 furniture, 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, Missouri, 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 mv will and desire that at the death of mv wife, Elizabeth Johnson, that the above mentioned homestead may revert to my above named children, or to the lawful heirs of each.

In witness whereof, I, Richard Johnson, to this, my last will and testament, 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.

Codicil

Whereas, I, Richard Johnson, did, on the fourth day of June, one thousand eight hundred and seventy-five, make my last will and testament, 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 seventysix; 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.

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.

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 purpose onlv ; all universities, colleges, academies, schools, and all other seminaries 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 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 correct 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 taxpayer 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 aforesaid, 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 and engaged in the military service of this state, or of the United States, or against any taxpayer 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.

Supreme Court

At the general election, in the year one thousand eight hundred and sixty-eight, all the judges of the supreme court shall be elected by the qualified voters of the state and shall enter upon their office on the first Monday of January, next ensuing. At the first session of the courts thereafter, the judges shall by lot determine the duration of their several terms of office, which shall be respectively, two, four and six years, and shall certify the result to the secretary of state; at the general election every two years after said election, one judge of said court shall be elected to hold office for the period of six years from the first Monday of January next ensuing. The judge having at an)- time the shortest term to serve, shall be the presiding judge of the court.

The supreme court shall hold two sessions annually in the capitol, at the .seat of government, on the second Monday in January and the first Monday in July ; two sessions annually at the city of St. Joseph, on the third Monday of February and August, and two sessions annually at the city of St. Louis, on the third Mondays in March and October.

Circuit Court

The circuit courts in the respective counties in which they may be held shall have power of jurisdiction as follows: First, as courts of law in all criminal cases which shall not be otherwise provided by law. Second, exclusive original jurisdiction in all civil cases which shall not be cognizable before the county court and justices of the peace and not otherwise provided by law. Third, concurrent original jurisdiction with justices of the peace in all actions founded upon contract, when the debt, or balance due, or damages claimed, exclusive of interest, shall exceed fifty dollars and not exceed ninety dollars; in all actions on bonds and notes for the payment of any sum of money exceeding fifty dollars, exclusive of interest, and not exceeding one hundred and fifty dollars; and in all actions for injuries to persons, or to personal or real property, wherein the damages claimed shall exceed twenty and not exceed fifty dollars. Fourth, appellate jurisdiction from the judgments and orders of county court and justices of the peace ; in all cases not expressly prohibited by law, and shall possess a superintending control over them. Fifth, a general control over executors, administrators, guardians, curators, minors, idiots, lunatics, and persons of unsound mind.

County Courts

The county courts shall be composed of three members, to be styled " the justices of the county court," and each county where the court is composed of three justices, may be districted by the county court, if they think the good of the county will be promoted thereby, into three districts, as near equal in population as practicable without dividing municipal townships, and each district shall elect and be entitled to one of the justices of the county court.

The justices of the county court shall be elected by the qualified electors in the several counties in this state, and shall hold their offices for the term of six years, and until their successors are duly elected and qualified.

The several county courts shall, when not otherwise provided by law, have exclusive original jurisdiction in all cases relative to the probate of last wills and testaments; the granting letters testamentary, and of administration, and repealing the same; appointing and displacing the guardians of orphans, minors, and persons of unsound mind; in binding out apprentices, and in the settlement and allowance of accounts of executors, administrators and guardians. To hear and determine all disputes and controversies whatsoever, respecting wills, the right of executorship, administration and guardianship, or respecting the duties or accounts of executors, administrators or guardians, and all controversies and disputes between masters and their apprentices. To hear and determine all suits and other proceedings, instituted against executors or administrators upon any demand against the estate of their testator or intestate, when such demand shall not exceed one hundred dollars; and concurrent jurisdiction with the circuit court in all such cases, when the demand shall exceed that sum, subject to appeal in all cases to the circuit court in such manner as may be provided by law.

The said courts shall moreover have the control and management of the property, real and personal, belonging to the courts, and shall have full power and authority to purchase or receive by donation, any property, real or personal, for the use and benefit of the county. To sell and cause to be conveyed, any real estate, goods or chattels belonging to the county, appropriating the proceeds of such sale to the use of the same, and to audit and settle all demands against the county.

Probate Court

A probate court is a court of record, consisting of one judge, and has jurisdiction over all matters pertaining to probate business, to granting letters testamentary, and of administration; the appointment of guardians and curators of minors and persons 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.

Limitation Of Actions Criminal Procedure

Offenses punishable with death or imprisonment in the penitentiary during life, may be prosecuted at any time after the offense shall have been committed.

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 commissions 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 against moneyed corporations, or against the directors or stockholders of the same, shall be brought within six years of the discovery.

Limitation Of Personal Actions

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 vears.

Actions for taking, detaining, or injuring any goods or chattels, including 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 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.

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 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 afoer 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.

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 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 inhabitants, 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 anj* 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 clay for every- day he shall serve as such, and five cents for every mile he may necessarily travel in going from his place of residence 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.

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 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.

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 therewith, which shall be used by such housekeeper or head of a family as such homestead, shall be exempt from attachment and execution. Such homestead 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 riling 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 convev 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

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 husband, 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 hi? creditors and representatives, and also independently of such third person effecting the same in his behalf, his creditors and representatives.

The following property only shall be exempt from attachment and execution 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 manufacturing 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 implements 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 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 profession, 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 personal property, the same shall be subject to execution against the purchaser 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 purchaser.

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 commonly 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 palisades shall be at least four and a half feet high; those composed of turf shall be at least four feet high and writh 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 constructed, 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 onehalf 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.

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 disinterested 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 anv 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 highwavs, and no more.

Support Of The Poor

No person shall be deemed an inhabitant within the meaning of this chapter, who has not resided for the space of twelve months next preceding 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 imposing 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 sufferance, 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 tenancies 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 dispensed with.

A landlord may recover a reasonable satisfaction for the use and occupation 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.

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

BILL OF SALE. A bill of sale is a written agreement to another party for a consideration to convey his right and interest in the personal property. The purchaser 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 Jlegal representatives, against all and every person whatsoever.

Benevolent, Religious, And Educational Associations

Any lodge of Free Masons, or Odd Fellows, division of Sons of Temperance 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 whatever 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.

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.

Intoxicating Liquors

No person shall directly or indirectly sell intoxicating liquors in any quantity less than one gallon without taking out a license as a dramshopkeeper.

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 habitual drunkard, by any clerk, agent, or other person acting for any dramshop-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 construed 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, after such dramshop-keeper, druggist, or merchant shall have been notified by the wife, father, mother, brother, sister, or guardian of such person not to sell, give away or furnish to such person an}- 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

Witnesseth, That the said part . . of the first part, in consideration of the sum of .... ^dollars, to ... . paid by the said part . . of the second part, the receipt of which is hereby acknowledged, do . . by these presents, 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 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 covenanting 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 whomsoever.